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Is Credit Check on Occupant (NOT tenant!) Legal?

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Is Credit Check on Occupant (NOT tenant!) Legal?

Postby illias » Tue Mar 02, 2010 5:11 pm

Is it legal and can I dispute the requirement of my landlord for a criminal and credit check and fees after I move into an apartment as an occupant (not tenant), i.e. there is no my name on the lease.

When the lease was signed the tenant made it clear that there will be another person in the apartment, but they didn't ask for any checks at that time.


Under Real Property Law §§235-f "When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant’s dependent children, provided that the tenant or the tenant’s spouse occupies the premises as their primary residence."

So the landlord can not deny my occupancy regardless of the credit and criminal check results. If they have all my financial info, I suspect they may keep me liable for the lease, in case the tenant (who is on the lease) doesn't pay.
Thank you very much for your help
illias
 
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Postby TenantNet » Tue Mar 02, 2010 5:30 pm

In my view, while the LL may check anyone's credit, they cannot charge additional fees unless permitted in the current lease, and they cannot limit an occupant from living there if he/she has the permission of the tenant.

Of course the next time the lease comes up for renewal, the LL might then decide to not renew.

As you are a roommate (licensee) and not a tenant, the LL can't hold you liable for rent. You are liable to the tenant (on whatever terms you negotiated) and the tenant is liable to the LL.
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