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Posted by TenantNet on October 02, 1997 at 05:41:00:

In Reply to: Changing roommates posted by Beth on September 30, 1997 at 23:04:51:

: We are three roommates. We are already living in the apartment, but the lease
: hasn't been signed yet. One of us is be the sole leaseholder. The landlady
: told him that even if one of us moves out, she will not allow a new roommate to
: move in under any circumstances. Can she do that? Do we have any recourse?

If you are in NY, good and bad news. The prime tenant may have (at least)
one roommate (called an occupant) no questions asked. This is provided
for in the Real Property Law. But it's questionable if you have a
right to have two roommates. The tenant may have his family there and the
occupant may also have family members. Look at Real Property Law
section 235-f. If it's a three bedroom unit, then a good argument
could be made that the rental envisioned three people (but that could
also imply the restriction of three of the same family). If the owner
rents the unit the three unrelated individuals, then I would think
that's a waiver and she can't impose new restrictions later.

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Comments:
: : We are three roommates. We are already living in the apartment, but the lease
: : hasn't been signed yet.  One of us is be the sole leaseholder.  The landlady
: : told him that even if one of us moves out, she will not allow a new roommate to
: : move in under any circumstances. Can she do that? Do we have any recourse? 

: If you are in NY, good and bad news. The prime tenant may have (at least)
: one roommate (called an occupant) no questions asked. This is provided
: for in the Real Property Law. But it's questionable if you have a 
: right to have two roommates. The tenant may have his family there and the
: occupant may also have family members. Look at Real Property Law
: section 235-f. If it's a three bedroom unit, then a good argument
: could be made that the rental envisioned three people (but that could
: also imply the restriction of three of the same family). If the owner
: rents the unit the three unrelated individuals, then I would think
: that's a waiver and she can't impose new restrictions later.


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