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Re: more than one roomate in rent-controlled apt?

Posted by Mark Smith on September 26, 2000 at 08:47:40:

In Reply to: more than one roomate in rent-controlled apt? posted by suzanna on September 25, 2000 at 23:32:58:

The roommate law [Real Property Law 235-f]
applies throughout New York State - not just to
rent regulated apartments. If a lease restricts
the occupancy of an apartment or house to one
named tenant, the roommate law permits occupancy
by the tenant, the tenant's immediate family, and
one additional occupant and that person's
dependent children. There are further provisions
if two or more people are parties to a lease.

If a lease is less restrictive than the roommate
law, the less restrictive provisions of the lease
apply. What sometimes comes into consideration
for a rent controlled apartment is that the
landlord can't produce the lease, which probably
goes back over 25 years or more. In that case,
the only restriction on the number of people in
an apartment would be the overcrowding provisions
of laws such as the Multiple Dwelling Law and the
Housing Maintenance Code.

See 235-f of Real Property Law - Article 7 at:

or click on the link at the end of this message

: This is really a question for a lawyer but if
there is a definitive answer, it would be great
to find out. I believe that if you are a
rent-controlled tenant who lives in, say, a three
bedroom apartment that you can have more than one
roommate. That, in fact, the roommate law is
superceded and further protected by the State
overcrowding laws. Is this correct?

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