NYC Admin Code › Chapter 2: Housing Maintenance Code › Subchapter 3: Physical and Occupancy Standards for Dwelling Units › Article 4: Minimum Room Sizes and Occupancy Regulations
§ 27-2076 Prohibited occupancies
a. No kitchen shall be occupied for sleeping purposes.
b. No rooming unit shall be occupied by a family with a child under the age of sixteen years, except that if a child is born to a family residing in such accommodations, the unlawful occupancy shall not commence until one year after the birth of such child. In any case where such an unlawful occupancy continues for ten days after the service of a notice of violation upon both the tenant and owner, the department may, in addition to all other remedies, institute a proceeding for an injunction pursuant to article four of subchapter five of this chapter to obtain an order requiring that such violation be remedied by eviction or removal of the tenant. The provisions of this subdivision shall not prohibit such occupancy (1) in rooming units operated without profit by an educational, religious or charitable institution of the type described and for the purposes set forth in subdivision a of section 27-2077 of this article, or (2) in a summer resort dwelling.
- Source
- NYC Admin Code, as published by American Legal Publishing, the City's official publisher
- Last amended
- No amendment date in the official history
- Checked
- Matched the official code on October 1, 2026
Official text. How it applies depends on your facts; this is not legal advice.Other laws and court decisions can change how a section applies to you, so treat the text as a starting point.