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Re: what NYS Attorney General Says: does not disagree with Mark

Posted by JJ on May 25, 1999 at 15:45:30:

In Reply to: Beg pardon -- but here's what NYS Attorney General Says posted by Will on May 25, 1999 at 14:07:57:

AG's words do not give each of two named tenants right to non-family roommate, by my reading.
Here's a suggestion: the rule I've heard is simply to never have a guest stay 30 CONSECUTIVE days, so the landlord can't 'mistake' a guest for a roommate. So: take the fiance on a nice long weekend to the beach in the middle of the 5 weeks, or send the fiance alone to mom's for that weekend.

: 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...

: Will

: : 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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