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Posted by Mark Smith on May 25, 1999 at 14:01:58:

In Reply to: Yes, no problem posted by Will on May 25, 1999 at 12:26:53:

The answer is not as simple as Will suggests. If two or more tenants are parties to a lease and
both parties still reside in the apartment, there is no right to have a non-family member as a
roommate under New York State's roommate law
[Real Property Law §235-f].

There are two other possibilities. First, your
fiance could be considered a short-term guest,
which is permitted under many leases. Second,
your fiance could be considered a non-traditional family member; you are not yet married, so he
wouldn't be considered a traditional family
member.

As a practical matter, even if your landlord goes to the extreme of terminating your tenancy, you
would have the right, even after a court decision against you, of curing the default within ten
days of your being properly notified of the
court's decision, under Real Property Actions
And Proceedings Law §753(4). But, in that
situation, you might be liable for the landlord's attorneys' fees.

: Since you and your roommate are both on the
lease EACH of you is entitled to have one family
member and one non family member living with
you....of cousre the apartment must be big
enough....
: Tell you landlord that you are exercising you
rights as NYC tenant to have your fiance stay as
your guest....

: Will

: : My roomate and I are both on the lease for
our apartment in Queens. Our landlord is a very
difficult man and has recently been giving me a
hard time when my fiancee stays one night on the
weekend. He's in the military and has six weeks
leave starting June 1 and intends to spend 5
weeks with me. However, I think my landlord will have a problem with this. What are my legal
rights?

Follow Ups:

• Beg pardon -- but here's what NYS Attorney General Says Will 5/25/99 (1)
  • Re: what NYS Attorney General Says: does not disagree with Mark JJ 5/25/99 (0)

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Comments:
: The answer is not as simple as Will suggests.  If two or more tenants are parties to a lease and 
: both parties still reside in the apartment, there is no right to have a non-family member as a 
: roommate under New York State's roommate law 
: [Real Property Law §235-f].  

: There are two other possibilities.  First, your 
: fiance could be considered a short-term guest, 
: which is permitted under many leases.  Second, 
: your fiance could be considered a non-traditional family member; you are not yet married, so he 
: wouldn't be considered a traditional family 
: member.

: As a practical matter, even if your landlord goes to the extreme of terminating your tenancy, you 
: would have the right, even after a court decision against you, of curing the default within ten 
: days of your being properly notified of the 
: court's decision, under Real Property Actions 
: And Proceedings Law §753(4).  But, in that 
: situation, you might be liable for the landlord's attorneys' fees.

: 
: : Since you and your roommate are both on the 
: lease EACH of you is entitled to have one family 
: member and one non family member living with 
: you....of cousre the apartment must be big 
: enough....
: : Tell you landlord that you are exercising you 
: rights as NYC tenant to have your fiance stay as 
: your guest....

: : Will

: : : My roomate and I are both on the lease for 
: our apartment in Queens.  Our landlord is a very 
: difficult man and has recently been giving me a 
: hard time when my fiancee stays one night on the 
: weekend.  He's in the military and has six weeks 
: leave starting June 1 and intends to spend 5 
: weeks with me.  However, I think my landlord will have a problem with this.  What are my legal 
: rights?



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