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Posted by Anna on May 28, 1999 at 15:59:38:

In Reply to: ok but... posted by Willard on May 28, 1999 at 08:09:47:

1. the occupant can have unlimited dependent children, but the 'immediate family' can't...

2. RPL 235-f applies to all written & unwritten residential agreements, not just regulated apts, and also includes subleases...

3. the total number of adult people is restricted by federal law, x number of adults per bedroom or something: does anyone have a link to it? or an exact Code reference? and are there similar city/state laws?

4. the only legal remedies available are, quote:
"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.

5. and no mention is made in RPAPL 07, therefore, LL's cannot evict on number of 'occupants'... as recently affirmed by the Court of Appeals in an eviction case against a rent controlled tenant with 3 roommates (no one could find the lease, tho): forgot the name, Greek & long...

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Comments:
: 1. the occupant can have unlimited dependent children, but the 'immediate family' can't...

: 2. RPL 235-f applies to all written & unwritten residential agreements, not just regulated apts, and also includes subleases...

: 3. the total number of adult people is restricted by federal law, x number of adults per bedroom or something: does anyone have a link to it? or an exact Code reference? and are there similar city/state laws?

: 4. the only legal remedies available are, quote:
: "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.  

: 5. and no mention is made in RPAPL 07, therefore, LL's cannot evict on number of 'occupants'... as recently affirmed by the Court of Appeals in an eviction case against a rent controlled tenant with 3 roommates (no one could find the lease, tho): forgot the name, Greek & long... 


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