§ 306-11. Occupancy of multiple-family dwellings.

A. 

Every dwelling unit having its own cooking facilities shall contain a minimum floor area of 150 square feet for the initial occupant and 100 square feet for each additional occupant, except for the purpose of this section, children under one year of age shall not be counted as occupants.

B. 

Occupancy of dwelling units having only one habitable room shall be limited to two persons. Children under one year of age shall not be counted as occupants.

C. 

Occupants shall not, after notice as required hereunder, occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling unit occupied by them or of the building or premises to conform to and comply with the requirements hereunder.

D. 

The owner or operator shall, prior to leasing any dwelling unit, ascertain the number of persons that shall occupy each dwelling unit. If the number of persons exceeds the requirements of this code, the owner or operator shall not permit such persons to occupy the dwelling unit.

E. 

If at any time it is ascertained that the number of occupants in a dwelling unit exceeds the requirements of this code causing a violation thereof, the owner or operator shall, upon receipt of a notice of violation, take all steps necessary to eliminate said violation. If the owner or operator is unable to eliminate the violation by peaceable means within the period of time specified in said notice, he shall commence within such period, legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as such legal action is pending in court and is prosecuted expeditiously and in good faith.