Jul
15

REBNY Question of the Week – Roommate Law

By

Q:  In connection with last week’s REBNY Question of the Week describing New York’s “Roommate Law”, we received many questions relating to the section of the New York City Administrative Code which regulates the number of individuals who can live in a given apartment.  Specifically, people have asked what the particular statute is and what the New York City Administrative Code says about how many individuals can live in a given apartment? 

 A:  New York City Administrative Code Section 27-2075 is the statute that was referenced in last week’s REBNY question of the week.  This statute sets forth a formula for determining the number of individuals who can live in a given apartment.  To determine this number, one must calculate the total “livable floor area” by adding up the square footage allocated to all floors which are at least 80 square feet (no floor area of less than 80 square feet can be counted in adding up the total livable area).  This computation includes adding the square feet allocated to the kitchen/kitchenette, but does not include the square feet allocated to the private halls, foyers, bathrooms and water closets.  After you add up the total livable floor area, you divide the aggregate sum by 80.  You divide the sum by 80 because every person occupying an apartment must have a minimum livable area of 80 square feet.  After you divide the total sum by 80 you will arrive at a number representing the total number of individuals who can live in a given apartment.  Additionally, for every two persons who are entitled to live in an apartment, one child under the age of four is also permitted to live in the apartment.

Neil B. Garfinkel,
REBNY Residential Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP

From REBNY Newsletter

Comments are closed.