Roomates right to read lease

[mike_NYC]

I have a five bedroom apt (not rent stabalized etc) on the lower east side. Myself and one other roomate are on the lease whilst the other three are not. We have a verbal agreement that the other three roomates are here "on a month-to-month basis".

In the apt the furniture is ours (the lease holders) and we have all the legal responsibility and have lived in the apt for 8 years (whilst the others have only been here 6 months on average). Thus we do not split the rent entirely equally - for argument sake lets say the rent is $1000 (not in reality of course!) - Myself and my fellow lease holder pay $125 each and the non-lease holders pay $250 each (total $1000).

We do not discuss the lease with the others as quite frankly it's not their business - they moved in knowing they pay $250 a month and agreed to it.

My question is this: do they have a legal right to read the lease if they demand to see it? If they are allowed to, by law, to see it (and since we are not illegally charging them on rent since we are not charging them more than what the rent is) do they have any right to demand money back from us? Can we evict them with 30 days notice if they are not happy with the split (we have the verbal agreement)?

[TenantNet]

Your roommates are licensees. You may call it "month-to-month" but that's not what it is.

Your breakdown of the rent -- while illustrative rather than using actual amounts -- gives the impression that you are gouging your roommates. If the unit was rent stabilized, such gouging/profiteering could get you kicked out of the apartment. And I seem to remember there are historical court decisions on gouging. Under rent stab, the code contemplates a tenant and a roommate with the latter not being charged more than 50%. However, given the many scenarios possible (in your case five people), the DHCR might require a a more equitable distribution.

I don't know how present-day courts would view the issue of gouging, but I'd be careful. And, who knows, maybe your unit should be rent stabilized even if the owner claims it isn't.

I don't know of any statute that gives them a right to inspect the lease, but if the matter goes to litigation, the lease might become an issue, and disclosure might be required.