Hope that helps.
1. Call the building department
2. Call the health department
3. Call the Fire Marshall.
Ask them each what the maximum occupancy is per square footage. It may be a specific ordinance in your town; it may be the fire code or it may be both.
This situation happened to me, and as a agent, I wanted to check for the owner of the apartment. The building department did not care. The health department did not know. The Fire Marshal said 200 square feet per person, so a maximum number for the apartment (in my case) was 3, for a 600 square foot apartment. I do not believe children under a certain age count- but you need to check for yourself. Call the municipality.
You can't limit the size of a family when there is nothing to substantiate it, like a fire code. There are plenty of stories of families who sued their prospective landlord for being told the size of the family was too big. The landlord can't pick a number for his/her own comfort, nor the ages of the children or if the adult is single or married, etc.
We usualy specify this in our lease form that only these people can occupy.
Call me with more questions if you need at (347)219-2037
Obviously you can not have 6 people living in a 1 bedroom...but checlk local laws.
I am located in Forest Hills and do lots of work in Kew Garden Hills.
You may call me for a no obligation consultation.
Exclusive Agents Realty Inc.
Remember....in rentals realtor fees are paid by the tenant so there would be no cost to you.