Posted by Cassie on September 16, 1999 at 15:08:28:
In Reply to: Re: Roommates: more than one! maybe: the statute posted by Anna on September 15, 1999 at 14:38:15:
: 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.
somewhere during the copy&paste, sections #7 & #8 merged..... here they are
7. Any provision of a lease or rental agreement purporting to waive a
provision of this section is null and void.
8. Nothing in this section 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.
Note: Posting is disabled in all archives
Post a Followup