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Posted by Mark Smith on October 19, 1999 at 17:09:45:

In Reply to: apartment sharing -- non-lease holding occupants posted by andrew freese on October 18, 1999 at 19:57:15:

If your lease doesn't contain any restrictions on occupancy, you can have as many occupants as you want, subject to maximum legal occupancy restrictions.

In New York, the form lease of the Real Estate Board of New York has been interpreted by a housing court judge as not limiting the number of roommates under the roommate law.

However, if your lease limits occupany to the people named in the lease and immediate family, the roommate law does not allow two or more named tenants to have any roommates unless one of the named tenants moves out.

:
: I am interested in sharing an apartment with two other individuals, but possibly more.
: 1. Do we all need to be on the lease?
: 2. Does #1 depend on how the apartment is zoned (1 BR, 2BR, 3BR,...etc.) ?

: Put another way, if a landlord allows 3 people to convert a 2BR into a 3BR, how many people can be on the lease (all 3, or only 2)? How many people MUST be in the lease?

: *** Most important, can extra people be moved in after the lease has started, without getting the landlord's permission? If so, how many? ***

: Complicated question. Perhaps someone could point me to the proper legal documentation. Thanks!
: (Note: no rent stabilization / non owner-occupied building)

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Comments:
: If your lease doesn't contain any restrictions on occupancy, you can have as many occupants as you want, subject to maximum legal occupancy restrictions. 

: In New York, the form lease of the Real Estate Board of New York has been interpreted by a housing court judge as not limiting the number of roommates under the roommate law.

: However, if your lease limits occupany to the people named in the lease and immediate family, the roommate law does not allow two or more named tenants to have any roommates unless one of the named tenants moves out.

: 
: :
: : I am interested in sharing an apartment with two other individuals, but possibly more.
: : 1. Do we all need to be on the lease?
: : 2. Does #1 depend on how the apartment is zoned (1 BR, 2BR, 3BR,...etc.) ?

: : Put another way, if a landlord allows 3 people to convert a 2BR into a 3BR, how many people can be on the lease (all 3, or only 2)?  How many people MUST be in the lease?

: : *** Most important, can extra people be moved in after the lease has started, without getting the landlord's permission?  If so, how many? ***

: : Complicated question.  Perhaps someone could point me to the proper legal documentation.  Thanks!
: : (Note: no rent stabilization / non owner-occupied building)


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