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Re: Adding A Roommate

Posted by consigliere on December 09, 2001 at 18:31:21:

In Reply to: adding roomates posted by Robert Goren on December 09, 2001 at 01:43:07:

Is there currently a lease in effect for five named people? If so, you have a right to have five people in the apartment, without asking for the landlord's permission and without having any new person pay the landlord to process a credit check, as long as one of the named tenants is still living in the apartment.

See Section 235-f(4) of the Real Property Law:
: I am currently living in an appartment that is neither a rent controlled or rent stabalized appartment.
: The lease for this appartment originated in 1999 with 5 people on it, and has been renewed twice over the past two years. When the lease was renewed this year, two of the original leasees stayed on and found three new tenants to be added to the lease. Before the new tenants were added the lease (after they had moved in) one of the new tenants moved out. Since that time we have been trying to fill that space as we can not afford the rent spilt 4 ways.
: My landlord, over the past two months, has either stalled processing new applicants for the lease until the perspective roommate has had to take another place, or has refused applicants as unacceptable stating no reason other than instinct and not even running a credit check on them (even though a fee for a credit check was paid by applicant.) Our lease stipulates that we can not assign or sublet, but does not say anything about adding additional roomates. I think it does stipulate that only people on the lease can live in the appartment. Is this consistant with New York state Law? Can we move someone in here wihtout putting them on the lease and without his approval?
: Please Help,
: Robert

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