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Re: Roommates: more than one! maybe: the statute

Posted by Anna on September 15, 1999 at 14:38:15:

In Reply to: Roommates: you can have more than one! maybe posted by Anna on September 14, 1999 at 22:46:16:

Here is the whole Roommate Law, current, from New York State's own website.

It's part of Landlord-Tenant Article 7 of the Real Property Law of the Consolidated Laws of the State of New York.

S 235-f. Unlawful restrictions on occupancy. 1. As used in this
section, the terms:
(a) "Tenant" means a person occupying or entitled to occupy a
residential rental premises who is either a party to the lease or rental
agreement for such premises or is a statutory tenant pursuant to the
emergency housing rent control law or the city rent and rehabilitation law
or article seven-c of the multiple dwelling law.
(b) "Occupant" means a person, other than a tenant or a member of a
tenant`s immediate family, occupying a premises with the consent of the
tenant or tenants.
2. It shall be unlawful for a landlord to restrict occupancy of
residential premises, by express lease terms or otherwise, to a tenant or
tenants or to such tenants and immediate family. Any such restriction in a
lease or rental agreement entered into or renewed before or after the
effective date of this section shall be unenforceable as against public
3. Any lease or rental agreement for residential premises entered into
by one tenant shall be construed to permit occupancy by the tenant,
immediate family of the tenant, one additional occupant, and dependent
children of the occupant provided that the tenant or the tenant`s spouse
occupies the premises as his primary residence.
4. Any lease or rental agreement for residential premises entered into
by two or more tenants shall be construed to permit occupancy by tenants,
immediate family of tenants, occupants and dependent children of occupants;
provided that the total number of tenants and occupants, excluding
occupants` dependent children, does not exceed the number of tenants
specified in the current lease or rental agreement, and that at least one
tenant or a tenants` spouse occupies the premises as his primary residence.
5. The tenant shall inform the landlord of the name of any occupant
within thirty days following the commencement of occupancy by such person
or within thirty days following a request by the landlord.
6. No occupant nor occupant`s dependent child shall, without express
written permission of the landlord, acquire any right to continued
occupancy in the event that the tenant vacates the premises or acquire any
other rights of tenancy; provided that nothing in this section shall be
construed to reduce or impair any right or remedy otherwise available to
any person residing in any housing accommodation on the effective date of
this section which accrued prior to such date.
7. Any provision of a lease or rental agreement purporting to waive a
provision of this section is null and shall be construed as invalidating or
impairing the operation of, or the right of a landlord to restrict
occupancy in order to comply with federal, state or local laws,
regulations, ordinances or codes.
9. Any person aggrieved by a violation of this section may maintain an
action in any court of competent jurisdiction for:
(a) an injunction to enjoin and restrain such unlawful practice;
(b) actual damages sustained as a result of such unlawful practice; and
(c) court costs.

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