Colonie, NY Short-Term Rentals: Occupancy Limits (2026)

Maximum occupancy of a Colonie short-term rental is governed by the New York State Uniform Fire Prevention and Building Code, which adopts the New York State Property Maintenance Code (19 NYCRR Part 1226) incorporating International Property Maintenance Code (IPMC) Section 404 minimum-area standards. IPMC Section 404.4.1 ('Room area') requires every habitable room to have at least 70 square feet of floor area; IPMC Section 404.4.2 sets minimum bedroom area at 70 sq ft for one occupant plus 50 sq ft for each additional occupant (so a 120-sq-ft bedroom legally sleeps two adults); and IPMC Section 404.5 fixes a minimum total area for the entire dwelling unit based on total occupants. Children under 12 typically count as one-half person under IPMC §404.4.4. Critically, the New York Multiple Dwelling Law (which has its own occupancy formulas) does NOT apply to Colonie because the MDL covers only cities of 325,000 or more (and opt-in villages); Colonie at ~86,000 residents is below that threshold and follows the state Uniform Code instead. Colonie's Building Department enforces these standards under New York Executive Law §381 and General City Law / Town Law authority, and inspectors measure rooms during code enforcement or at any complaint inspection. STR hosts should calculate the legal maximum by adding bedroom-by-bedroom occupancy and confirming against the IPMC dwelling-total area floor. The Code Official has authority under IPMC §108 to order an overcrowded unit vacated until corrected.