Posted by Mark Smith on September 16, 1999 at 11:49:57:
In Reply to: Re: RPL 235-f Allows Multiple Roommates Under Standard Form Lease posted by Anna on September 15, 1999 at 14:38:21:
If there is no lease, or if the lease places no restrictions on occupancy, tenants can have multiple roommates, subject to overcrowding laws.
When one tenant is named in a lease which limits occupancy to the tenant and the tenant's immediate family, Real Property Law §235-f(3) permits tenant, tenant's immediate family, plus ONE occupant (and the dependent children of the one occupant) to live in the house or apartment.
"RPL §235-f(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."
When more than one tenant is named in a lease which limits occupancy to the tenants and the tenants' immediate families, Real Property Law §235-f(4) permits tenants, tenants' immediate families, plus occupants (and the dependent children of the occupants) to live in the house or apartment. But there is a further restriction. For example, if three people are named in a lease, there can be no roommate (occupant) unless one of the tenants moves out. If one tenant moves out, the tenant who moved out can be replaced by one roommate (occupant). If two tenants move out, the two tenants who moved out can be replaced by two roommates (occupants).
The New York State Attorney General's Tenant's Rights Guide, under OTHER PROVISIONS -- Apartment Sharing, also explains this in detail:
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html -- or click on the link at the end
"RPL §235-f(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
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