Posted by Mark Smith on July 27, 2000 at 10:52:06:
In Reply to: Re: landlord attempting to evict us from rent regulated apartment based on posted by peter on July 27, 2000 at 02:06:06:
Both the Multiple Dwelling Law and the Housing Maintenance Code limit the total number of people who can occupy an apartment. I didn't think I needed to say that the tenants' occupancy had to comply with all other laws.
And what was quoted from the DHCR website applies to leases that absolutely prohibit roommates. If there is no written lease, if the lease doesn't prohibit roommates, or if the lease is the standard form lease from the Real Estate Board of New York, then the tenant can have an unlimited number of roommates, subject to other applicable laws.
The Roommate Law was intended to expand the rights of tenants whose leases absolutely prohibited any roommates, by giving a single tenant the right to have one roommate, and by giving two or more tenants the right to replace any tenants who moved out -- allowing one roommate to move in for each tenant who moved out. In each case, the roommate's dependent children can also occupy the apartment. The Roommate Law was never intended to limit the rights of tenants whose leases didn't limit the number of roommates.
: * If your lease is the standard form lease from the Real Estate Board of New York, you seem to have the right to have an unlimited number of roommates, according to a recent court decision. *
: This isn't so. There is a stibulation with the Housing Department that allows so many persons per square feet within one apartment, even if they are family members.
: And at DHCR.
: The law reads, Provided that a tenant continues to occuppy his or her apartment as their primary residence, each tenant named on the lease, or each statutory tenant, has the right to have one unrelated roomate and that roomate's dependant children reside with them in an apartment. It appears that relatives don't count.
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