Lease Clause Limiting Occupancy Is Void

November 1, 2000

LVT Number: 14539

Landlord sued to evict tenant for having a roommate, in violation of a lease clause limiting occupancy to tenant and his immediate family. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant was allowed to have a roommate under Real Property Law section 235-f. The lease clause violated the law and public policy. So it was unenforceable and not a proper grounds for eviction.

Landlord sued to evict tenant for having a roommate, in violation of a lease clause limiting occupancy to tenant and his immediate family. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant was allowed to have a roommate under Real Property Law section 235-f. The lease clause violated the law and public policy. So it was unenforceable and not a proper grounds for eviction.

365 West End Ave., LLC v. Gallagher: NYLJ, 10/16/00, p. 25, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

Topics

More like this