additional rent hike with one roommate?

[seth718]

my living situation is this: i rent the first floor of a two story house. the landlord lives on the second floor. he recently gave me the new lease to review and sign, and in addition to the standard signing-a-new-lease rent increase, there is a new provision for an additional, substantial rent increase if i have a roommate. though my name is the only one on the lease, my LL originally rented this apartment to two people: my girlfriend at the time and myself. since then, my former girlfriend has moved out, but i was considering having my current partner move in. thus, the number of occupants would not be greater than that which moved in under the original lease. given these circumstances, is the rent hike legal, or am i stuck with whatever the LL wants to do since the apartment is unregulated?

[bklynangel]

unfortunately since you are not regulated the landlord can charge anything he likes upon renewal irregargless of number of occupants. He must show that the rent is market and that a like rent could be collected for a like space.
Sorry for the bad news...find a stabilized place. In a stablized place, 1 name on lease allows for your immediate family and 1 additional occupant only. IF the occupant wants to be name don the lease - there is an 18% rent increase. This is stabilized only and most landlords don't even know this but it's true. You should have talked about rent increases before you signed your original lease and had him put it in writing what the increases would be, like at renewal - increases will be between 0 and 5% only. That's all you've got to do NEXT TIME.
Good luck - williamsburg is a nightmare anyway!

[consigliere]

Your lease seems to violate the roommate law, which applies to all tenancies in New York state. However, because your apartment isn't rent regulated, your landlord could refuse to renew your lease in the future if your new girlfriend moves in and you contest the roommate surcharge in your lease. Of course, your landlord could refuse to renew your lease in the future for no reason at all.
 
Real Property Law §235-f - Unlawful restrictions on occupancy - provides:
 
1. As used in this Section, the terms:
(a) "Tenant" means a person occupying or entitled to occupy a residential rental premises who is either a party to the lease or rental agreement for such premises or is a statutory tenant pursuant to the emergency housing rent control law or the city rent and rehabilitation law or article seven-c of the multiple dwelling law.
(b) "Occupant" means a person, other than a tenant or a member of a tenant's immediate family, occupying a premises with the consent of the tenant or tenants.
 
2. It shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms or otherwise, to a tenant or tenants or to such tenants and immediate family. Any such restriction in a lease or rental agreement entered into or renewed before or after the effective date of this section shall be unenforceable as against public policy.
 
3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
 
4. Any lease or rental agreement for residential premises entered into by two or more tenants shall be construed to permit occupancy by tenants, immediate family of tenants, occupants and dependent children of occupants; provided that the total number of tenants and occupants, excluding occupants' dependent children, does not exceed the number of tenants specified in the current lease or rental agreement, and that at least one tenant or a tenants' spouse occupies the premises as his primary residence.
 
5. The tenant shall inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord.
 
6. No occupant nor occupant's dependent child shall, without express written permission of the landlord, acquire any right to continued occupancy in the event that the tenant vacates the premises or acquire any other rights of tenancy; provided that nothing in this section shall be construed to reduce or impair any right or remedy otherwise available to any person residing in any housing accommodation on the effective date of this section which accrued prior to such date.
 
7. Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void.
 
8. Nothing in this section shall be construed as invalidating or impairing the operation of, or the right of a landlord to restrict occupancy in order to comply with federal, state or local laws, regulations, ordinances or codes.
 
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.