Lease Lets Tenant Have More than One Roommate

September 30, 1999

LVT Number: 13591

Landlord sued to evict tenant for sharing his apartment with three roommates. Landlord claimed that this violated the roommate law, Real Property Law Section 235-f. Tenant asked the court to dismiss the case. The court ruled for tenant. Tenant's lease said that tenant, his immediate family, and ''occupants,'' as defined in the roommate law, could occupy the apartment. The law allowed a lease to limit the number of roommates to one, but tenant's lease didn't actually contain such a limit. So under the law and the terms of tenant's lease, tenant was permitted to have three roommates.

Landlord sued to evict tenant for sharing his apartment with three roommates. Landlord claimed that this violated the roommate law, Real Property Law Section 235-f. Tenant asked the court to dismiss the case. The court ruled for tenant. Tenant's lease said that tenant, his immediate family, and ''occupants,'' as defined in the roommate law, could occupy the apartment. The law allowed a lease to limit the number of roommates to one, but tenant's lease didn't actually contain such a limit. So under the law and the terms of tenant's lease, tenant was permitted to have three roommates.

Roxborough Apts. Corp. v. Becker: NYLJ, p. 27, col. 1 (9/15/99) (Civ. Ct. NY; Billings, J)

Topics

More like this