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

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

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

September 16, 2026 - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

A coal power plant in Iowa billows smoke into the air.

Nation's most wind-powered state turns to coal as data centers increase energy demand

For the first time in decades, Iowa has increased its generation of coal power.

September 17 - Inside Climate News

A sign on a fence describing the rain garden behind it.

NYC cools commuters with city's first rain garden above a bus stop

New York City officials say the plants in the rain garden can absorb 16 gallons of rainwater during heavy storms.

September 17 - Gothamist

A map showing Brightline West's intended route from  Las Vegas to Rancho Cucamonga, California.

Brightline West’s future may rely on $6 billion federal loan

The company has until Nov. 2 to make a $400 million equity investment into its proposed high-speed rail line.

September 17 - Smart Cities Dive

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.