A NYC Housing Code Rarely Enforced - Fortunately

Fortunately for the unrelated roommates, that is, because in NYC the housing code prohibits more than three to live under the same roof. By one estimate, that would make at least 15,000 units illegal. This article looks at several of them.

1 minute read

April 1, 2010, 10:00 AM PDT

By Irvin Dawid


NYC is not alone in occupancy codes that are designed to prevent crowding, a measurement of residents per rooms in a dwelling unit (as opposed to density, which is units per acre). However, these laws may be arcane in cities of exceedingly high housing costs that attract young people as well as immigrants of limited income.

"New York, home to some of the nation's highest rents and more than eight million people, many of them single, it is illegal for more than three unrelated people to live in an apartment or a house. The law, for decades part of the city's Housing Maintenance Code, is little known, widely broken and infrequently enforced.

The lax enforcement might not be a bad thing, since a sizable number of the city's denizens. According to the Census Bureau's 2008 American Community Survey, nearly 15,000 dwellings in the city housed three or more roommates who were unrelated to the head of the household. Experts say that number is almost certainly underreported.

Jerilyn Perine, a former city housing commissioner and the executive director of the nonprofit Citizens Housing and Planning Council, said occupancy laws should be determined not by whether people were related, but by whether a unit was safely inhabited, whether by four people or more."

Monday, March 29, 2010 in The New York Times - N.Y. / Region

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Close-up on Canadian flag with Canada Parliament building blurred in background.

Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?

As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?

April 28, 2025 - Benjamin Schneider

Hot air balloons rise over Downtown Boise with the State Capitol building visible amidst the high rises.

The Five Most-Changed American Cities

A ranking of population change, home values, and jobs highlights the nation’s most dynamic and most stagnant regions.

April 23, 2025 - GoodMigrations

People biking along beach path with moored ship in San Diego, California.

San Diego Adopts First Mobility Master Plan

The plan provides a comprehensive framework for making San Diego’s transportation network more multimodal, accessible, and sustainable.

May 2 - SD News

Sleeping in Public

Housing, Supportive Service Providers Brace for Federal Cuts

Organizations that provide housing assistance are tightening their purse strings and making plans for maintaining operations if federal funding dries up.

May 2 - KSL

Conductor walks down platform next to Amtrak train at station in San Jose, California.

Op-Ed: Why an Effective Passenger Rail Network Needs Government Involvement

An outdated rail network that privileges freight won’t be fixed by privatizing Amtrak.

May 2 - Streetsblog USA

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.

Senior Manager Operations, Urban Planning

New York City School Construction Authority

Building Inspector

Village of Glen Ellyn

Manager of Model Development

Central Transportation Planning Staff/Boston Region MPO