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Posted by link on July 26, 2001 at 19:14:46:

In Reply to: roomate posted by T on July 25, 2001 at 12:28:40:

: Hi. I just rented a rent stabilized studio in NYC. I am the sole person on the lease. I didn't mention that I currently live with my girlfriend, and she will be moving in with me to this new place. I know the roomate clause allows me to have her stay as an unrelated roomate. But does the fact that it is a 2room studio matter? Can they say it is not big enough for two?

: Thanks.

Sec. 27-2075 Maximum permitted occupancy

a. No dwelling unit shall be occupied by a greater number of
persons than is permitted by this section.

1.Every person occupying an apartment in a class A or
class B multiple dwelling or in a tenant-occupied
apartment in a one- or two-family dwelling shall have a
livable area of not less than eighty square feet. The
maximum number of persons who may occupy any such
apartment shall be determined by dividing the total
livable floor area of the apartment by eighty square feet.
For every two persons who may lawfully occupy an
apartment, one child under four may also reside therein,
except that a child under four is permitted in an
apartment lawfully occupied by one person. No residual
floor area of less than eighty square feet shall be
counted in determining the maximum permitted
occupancy for such apartment. The floor area of a
kitchen or kitchenette shall be included in measuring the
total livable floor area of an apartment but the floor area
for private halls, foyers, bathrooms or water closets shall
be excluded.

• http://housingnyc.com/resources/hmc/sub3/art4.html

Follow Ups:

• Re: roommate -- 80 square feet per adult New York Tenant 07/27/01 (0)

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Comments:
: : Hi.  I just rented a rent stabilized studio in NYC.  I am the sole person on the lease.  I didn't mention that I currently live with my girlfriend, and she will be moving in with me to this new place.  I know the roomate clause allows me to have her stay as an unrelated roomate.  But does the fact that it is a 2room studio matter? Can they say it is not big enough for two?

: : Thanks.

: Sec. 27-2075 Maximum permitted occupancy 

:                a. No dwelling unit shall be occupied by a greater number of
:                persons than is permitted by this section. 

:                 1.Every person occupying an apartment in a class A or
:                    class B multiple dwelling or in a tenant-occupied
:                    apartment in a one- or two-family dwelling shall have a
:                    livable area of not less than eighty square feet. The
:                    maximum number of persons who may occupy any such
:                    apartment shall be determined by dividing the total
:                    livable floor area of the apartment by eighty square feet.
:                    For every two persons who may lawfully occupy an
:                    apartment, one child under four may also reside therein,
:                    except that a child under four is permitted in an
:                    apartment lawfully occupied by one person. No residual
:                    floor area of less than eighty square feet shall be
:                    counted in determining the maximum permitted
:                    occupancy for such apartment. The floor area of a
:                    kitchen or kitchenette shall be included in measuring the
:                    total livable floor area of an apartment but the floor area
:                    for private halls, foyers, bathrooms or water closets shall
:                    be excluded. 


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