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