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Beg pardon -- but here's what NYS Attorney General Says

Posted by Will on May 25, 1999 at 14:07:57:

In Reply to: Re: Possibly a problem posted by Mark Smith on May 25, 1999 at 14:01:58:

Taken from general rule for ALL NYS TENANTS...

Landlords may limit the total number of people living in an apartment to comply with legal
overcrowding standards. (Real Property Law 235-f) However, it is unlawful for a
landlord to restrict occupancy of an apartment to the named tenant in the lease or to that
tenant and immediate family. When the lease names only one tenant, that tenant may share
the apartment with immediate family, one additional occupant and the occupant's dependent
children, provided that the tenant or the tenant's spouse occupies the premises as his
primary residence.

When the lease names more than one tenant, these tenants may share their apartment with
immediate family, and if one of the tenants named in the lease moves out, that tenant may be
replaced with another occupant and the dependent children of the occupant. At least one of
the tenants named in the lease or that tenant's spouse must occupy the shared apartment as
his or her primary residence.

Tenants must inform their landlords of the name of any occupant within 30 days after the
occupant has moved into the apartment or within 30 days of landlord's request for this
information. If the tenant named in the lease moves out, the remaining occupant has no right
to continue in occupancy without the landlord's express consent.

The way I see it the person here has NO problem according to the NYS Attorney general...


: 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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