Lease Clause Limiting Number of Roommates Void

March 1, 2001

LVT Number: 14824

Landlord sued to evict tenant for having a roommate, in violation of his lease clause. The lease stated that tenant could have only other family members live with him in the three-bedroom apartment. The court ruled for tenant, finding that the lease clause was invalid. Landlord appealed and lost. Real Property Law Section 235-f permits tenants to have roommates other than family members. So the clause in tenant's lease is void.

Landlord sued to evict tenant for having a roommate, in violation of his lease clause. The lease stated that tenant could have only other family members live with him in the three-bedroom apartment. The court ruled for tenant, finding that the lease clause was invalid. Landlord appealed and lost. Real Property Law Section 235-f permits tenants to have roommates other than family members. So the clause in tenant's lease is void.

River York Stratford LLC v. Pelletier: NYLJ, 2/28/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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