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Rental of rooms to boarders

NYC Housing Maintenance Code § 27-2078 · cited Feb 5, 1976Jul 1, 2026

620 NYC housing violations have been issued under NYC Housing Maintenance Code § 27-2078, which is 0.0% of every HPD violation attributed to a section. 299 are still open, 297 of them past the legal deadline on the notice.

Open now
299
Open past deadline
297
Closed
321
All time
620
Share of attributed
0.0%
Class C (immediately hazardous)
0

How § 27-2078 is actually enforced

The median legal deadline on a § 27-2078 notice is 35 days. The median violation that got fixed took 1,405 days to reach “violation closed”, measured across 198 closed violations.

  • 9 notices (1.5%) sit at not complied with: the deadline passed and HPD found the condition unrepaired.
  • 8 certifications of repair were rejected by HPD. 1 of those are recorded as false certification: the owner certified a repair that inspection did not confirm.
  • 2 repairs were certified after the deadline.
  • 148 notices (23.9%) are reissues: the violation was written, not fixed, and written again.
  • 111 notices (17.9%) were dismissed.

What inspectors cite § 27-2078 for

The most common orders written under this section, in HPD’s own wording.

  1. Discontinue The Unlawful Occupancy By More Than Two Roomers, · 312 · order 1054
  2. Discontinue Use For Single Room Occupancy Purposes The Apartments · 204 · order 752
  3. Discontinue The Unlawful Use As Separately Occupied Sleeping Rooms · 104 · order 754

Open § 27-2078 violations by borough

BROOKLYN112
QUEENS91
BRONX61
MANHATTAN22
STATEN ISLAND13

Buildings with the most open § 27-2078 violations

  1. 95 UTICA AVENUE, BROOKLYN · 11 open
  2. 1856 ANDREWS AVENUE, BRONX · 11 open
  3. 2315 LORING PLACE, BRONX · 8 open
  4. 217-19 JAMAICA AVENUE, QUEENS · 7 open
  5. 1016 EAST 81 STREET, BROOKLYN · 7 open
  6. 207 TARGEE STREET, STATEN ISLAND · 7 open
  7. 281 CLASSON AVENUE, BROOKLYN · 6 open
  8. 1925 HOLLAND AVENUE, BRONX · 6 open
  9. 1986 AMSTERDAM AVENUE, MANHATTAN · 6 open
  10. 148-47 88 AVENUE, QUEENS · 6 open

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openviolations.org/nyc/housing-code/27-2078-rental-of-rooms-to-boarders

Text of NYC Housing Maintenance Code § 27-2078

§ 27-2078 Rental of rooms to boarders.

a. A family may rent one or more living rooms in an apartment to not more than two boarders, roomers or lodgers, if every living room in such apartment has free and unobstructed access to each required exit from such apartment as provided in paragraphs (a), (b) and (c) of subdivision four of section two hundred forty-eight or paragraph (a) of subdivision one of section fifty-three of the multiple dwelling law, and if each such boarder, roomer or lodger has access to, and the right to use, at least one water closet, bath or shower and one washbasin as may be required in or for an apartment in this code.

b. Where a tenant rents any part of an apartment in a multiple dwelling to more than two boarders, roomers or lodgers, such rental shall constitute a use of the apartment for single room occupancy and such rental in an apartment of a converted dwelling shall constitute an unlawful use as a rooming unit.

c. A family may rent one or more living rooms in a private dwelling to not more than two boarders, roomers or lodgers, except as otherwise prohibited under the zoning resolution of the city of New York.

Current through Local Law 2026/116, enacted July 11, 2026 · enacted municipal law, in the public domain · official publication

Questions people ask about § 27-2078

What is a § 27-2078 violation?

NYC Housing Maintenance Code § 27-2078, "Rental of rooms to boarders", is cited on a violation when an HPD inspector finds the condition it covers. A family may rent one or more living rooms in an apartment to not more than two boarders, roomers or lodgers, if every living room in such apartment has free and unobstructed access to each required exit from such apartment as provided in paragraphs (a), (b) and (c) of subdivision four of section two hundred forty-eight or paragraph (a) of subdivision one of section fifty-three of the multiple dwelling law, and if each such boarder, roomer or lodger has access to, and the right to use, at least one water closet, bath or shower and one washbasin as may be required in or for an apartment in this code.

How long does an owner have to fix a § 27-2078 violation?

Each notice carries its own deadline set by the violation's hazard class. Across 620 § 27-2078 notices, the median legal deadline was 35 days from the notice date.

How long does it actually take to fix a § 27-2078 violation?

Measured across 198 § 27-2078 violations that reached "violation closed", the median took 1,405 days from the notice date, against a median legal deadline of 35 days.

How many § 27-2078 violations are open in NYC right now?

299 § 27-2078 violations are open as of Aug 7, 2026, and 297 of them are already past the legal deadline on the notice.

Where this comes from

Counted from HPD’s Housing Maintenance Code Violations dataset. Each notice is attributed to a section by HPD’s own order number where one is on record, otherwise by the section its notice text cites. 11,131,117 of the city’s 11,136,167 HPD notices are attributed that way; the share above is a share of those. Figures recomputed Aug 7, 2026.

Browse open § 27-2078 records in the live feed · All violation codes

Related reading

In the glossary: Housing Maintenance Code · order number · Class C violation · rent-impairing · all terms