Illegal Clauses in Lease Rider?

[Kala]

Hello, I'd appreciate any advice about a problem I'm having with the lease renewal for my rent stabilized apartment in NYC (Manhattan).

My landlord recently sent me a lease renewal with a rider prohibiting additional occupants or a change in occupants. (Presently, I live alone in a one-bedroom apartment, more than 300 sq. feet, so the amount of space should be sufficient for a roommate.)

As far as I am aware, such a clause is illegal for a rent stabilized lease. Does anyone know of any recent changes in the law that would allow my landlord to prohibit my adding a roommate? If I sign this lease renewal with the rider as it is, am I signing away my rights to add a roommate or possibly assign my lease to someone else at a later date?

Thanks much for your help.

[jot0n0]

Answer to your question is below. You can find a wealth of information on your rights as a rent stablizied tenant at NYC Rent Guideline Board's website http://www.housingnyc.com/index.html

In today's tight housing market one way to make your income meet the rent is to have a roommate. While this can be an excellent way to find (and keep) affordable housing, here are some things you should know:

If you are the only person who has signed the lease, in addition to your immediate family, state law allows you to have one roommate (i.e. an occupant of the apartment who has not signed the lease). Your roommateÕs dependent children are also permitted. Any lease provisions disallowing a roommate (and dependent children) are illegal. If your lease originally had two or more tenants you may have an additional roomate or roomates provided that the total number of tenants and occupants (excluding occupantÕs dependant children) does not exceed the number of tenants on the original lease. For example, if three tenants signed the original lease and one moves out, you may have a roommate to replace the departed tenant.

If your apartment is rent stabilized, you may only charge your roomate(s) a "proprotionate" share or your rent. A proportionate share is determined by dividing the legal regulated rent by the total number of tenants named on the lease and the total number of occupants in the apartment - not including the tenantÕs spouse, family members or the roommateÕs dependent children. For example, if you live with your spouse and two children and only your name is on the lease, and you have a roommate who has one child, only you and the roommate are recognized for the purpose of calculating a proportionate share of the rent. You may therefore charge the roommate up to 50% of the rent.
Check your roommate's background thoroughly. If you don't get along, and your roommate refuses to leave, you do have the right to evict your roommate. However, if the roommate refuses to leave, the ensuing eviction process could be both painful and expensive. Remember, until the eviction process is complete you may have to live with this person.

If you join someone as a roommate (i.e. your name isn't on the lease) another set of problems can crop up. In most instances, if your roommate (the leaseholder) leaves, you have no right to keep the apartment. The primary tenant might also decide to temporarily sublet to someone, in which case you will suddenly have a new housemate not of your choosing.

What precautions can you take?
If you are the leaseholder, be careful about choosing a roommate.
If you join someone as a "roommate," try to find out as much as possible about the primary tenants' plans. Try to "get on the lease" if possible. If this isn't possible, your rights are very limited and your ability to stay in the apartment may be cut short at any time.

[Phil Cohen]

Regardless of what the law says on roommates, etc., the LL must renew an RS lease on the same terms and conditions as the old lease. Can't add clauses, legal or not.

[jot0n0]

I'm not so sure of that last part, if the LL and tenant both agree in writing to a change in the lease, which does not run against rent stabilization laws, then it is binding and enforcable.

[Phil Cohen]

Well, certainly if the tenant agrees to a clause the LL adds, and if it is legal, it is enforceable.
BUT, the LL is not allowed to add clauses, legal or not, and the tenant is not obliged to sign them.