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Written Consent to add Roommate?

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Written Consent to add Roommate?

Postby INAPICKLE » Fri Aug 16, 2019 1:05 pm

Good afternoon, everyone. While I'm pretty clear on the roommate law, or at least somewhat...can someone tell me if it's legal that my landlord requires me to get her written consent to move in a roommate? Even when I try to do things her way, she asks a million questions and unreasonably denies a person I'm trying to have as a roommate.

Is this clause in my lease legal? Thanks!!!

OCCUPANTS: TENANT AGREES THAT NO MORE THAN 1 PERSON MAY RESIDE ON THE PREMISES WITH PRIOR WRITTEN CONSENT OF THE LANDLORD.....

ANY ASSIGNMENT OR SUBLEASE (CAN THIS BE CONSTRUED AS A ROOMMATE AS WELL?) ANY INTEREST IN THIS LEASE WITHOUT PRIOR CONSENT SHALL, AT LANDLORD'S OPTION, TERMINATE THIS LEASE.
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Re: Written Consent to add Roommate?

Postby BubbaJoe123 » Tue Aug 20, 2019 1:00 pm

Short version, you have the right to have a roommate. You posted in the non-regulated apartments section. Assuming that you're not in a rent-regulated apartment, the landlord can decline to renew your lease, however.
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Re: Written Consent to add Roommate?

Postby TenantNet » Tue Aug 20, 2019 1:28 pm

Best to see the actual law on roommates. Here's one article: http://tenant.net/Rights/roommates.html

There are limits on the number of roommates, but those are part of the law (and DHCR regs for RS tenants and case law), and not what the LL puts in a lease.

There are cases where the LL asks too many questions, many of which are immaterial. For example, I saw one questionnaire that was 40 pages in length.

There is also the "Live-in Lover Law" (Real Property Law 235-f) that gives tenants the right to have any roommate, not matter what, and the nature of the relationship is none of the LL's business ... that could be a professional relationship, personal or whatever. You don't have to answer those questions. You also don't have to give-up financial information on the roommate (you are still 100% responsible for the rent).

But unlike sublets, you (and not the LL) can choose who is your roommate. (a roommate is an occupant who is not on the lease, and should be distinguished from a co-tenant who is on the lease).

Bubba is correct that if your lease is not RS, while you can move in a roommate, come renewal time the LL can refuse to renew your lease. But if you are a RS tenant, then the LL must renew the lease.
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Re: Written Consent to add Roommate?

Postby INAPICKLE » Wed Aug 21, 2019 3:19 pm

Thanks, guys! didn't realize i received any responses.

I am not rent regulated. sooooo, i do want a roommate but yes, my landlord asks a million questions, even questioning minor things why a person would want to move from where they are to my place. she drives me crazy. and she lives in CA and it seems she may consult with an attorney that doesn't know NYC law.

so i know by law i am allowed to have a roommate, i've researched it, etc. my MAJOR concern is that it's a breach of lease. i am month to month...while she doesn't need cause to get me out, i'm thinking she will have a hell of a time trying by me enjoying the rights by the roommate law and there is nothing else she has on me. i'm basically the perfect tenant.


sorry for the rambling...i'm still not sure what to do. she is actually a little crazy and definitely a control freak.
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Re: Written Consent to add Roommate?

Postby INAPICKLE » Wed Aug 21, 2019 3:23 pm

also, she is asking a million and one questions about a possible roommates finances, etc etc etc but of course clearly has stated numerous times that i am 100% responsible for the rent.

my serious real question is if, i move someone in and THEN notify her will she be able to easily get rid of me? i know that's what she will want to do. she wants it her way. BUT will nyc courts allow her to easily push me out for "violating" the lease, not the lawq (unless the term stated above is actually illegal, thus unenforceable)

thanks again!
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Re: Written Consent to add Roommate?

Postby INAPICKLE » Wed Aug 21, 2019 3:24 pm

oh and she demands that the person that moves in (she really doesn't let me make the choice, obviously) sit and sign a lease with me plus riders, etc etc. it's crazy.
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Re: Written Consent to add Roommate?

Postby TenantNet » Wed Aug 21, 2019 3:33 pm

My personal - non-attorney - opinion... I would ignore all the noise and bring on the roommate. If the LL cries, then just quote the law. (it's not just for RS tenants). The only thing you have to give the LL is the name of the roommate, and only if she asks. Nothing else.

Yes, of course, this could impact future leases, but you make that decision.

Also I would investigate whether the unit should be RS. Do you meet the criteria? Have you gotten a lease history from DHCR?
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Re: Written Consent to add Roommate?

Postby INAPICKLE » Wed Aug 21, 2019 4:11 pm

i SO want to ignore her noise, please God, i do!

i'm not rent stabilized, it's a 4 unit buildings, etc etc

by now, i know what the laws are....just not sure if her requirement for CONSENT is enforceable or if i will be breaching the LEASE not the law:( i don't think so, then again i don't know

thanks SOOOOOOO much for your help and quick responses!!!
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Re: Written Consent to add Roommate?

Postby BubbaJoe123 » Wed Aug 21, 2019 4:30 pm

INAPICKLE wrote:i am month to month...while she doesn't need cause to get me out, i'm thinking she will have a hell of a time trying by me enjoying the rights by the roommate law and there is nothing else she has on me.


Wait, you're month-to-month? Well, that changes a lot. While you have the right to a roommate during the term of your tenancy, and the landlord can't evict you during your lease for having a roommate, the landlord's not obliged (since you aren't rent-regulated) to keep renewing your tenancy.

The new rent laws help you some here, since the LL is now required to give up to 90 days notice (depending on how long you've lived in the apartment) if she decides to terminate your month-to-month tenancy. There are also legal requirements on how that notification needs to be delivered.
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Re: Written Consent to add Roommate?

Postby INAPICKLE » Fri Aug 23, 2019 11:40 am

Thanks for your response.

Yes, I'm aware of that. But also, if she decides to end my tenancy, it'll totally be retaliatory, though i can't prove it. But the streams of emails will certainly allude to it and any judge would or should see through that.
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Re: Written Consent to add Roommate?

Postby TenantNet » Fri Aug 23, 2019 11:48 am

The anti-retailiatory provision only holds for six months, so you might be back in-a-pickle.

And BTW, how do you know you're not RS? How many units in the building?

BTW, did you ever consider starting a sentence with capital letters? (see the forum rules).
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Re: Written Consent to add Roommate?

Postby INAPICKLE » Fri Aug 23, 2019 12:07 pm

no, i haven't considered that. seriously? wow
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Re: Written Consent to add Roommate?

Postby TenantNet » Fri Aug 23, 2019 12:09 pm

Yes, seriously. Read the forum rules.
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