Lease Limited Tenant to One Roommate

July 31, 2002

LVT Number: 15980

Landlord sued to evict rent-stabilized tenant for violating his lease. Landlord claimed that tenant had too many roommates. Tenant's lease stated that tenant was allowed one roommate in accordance with RPL Section 235-f. The court ruled against landlord without a trial and landlord appealed. The appeals court reopened the case. Tenant moved into the four-bedroom apartment in 1977. Prior landlord apparently allowed tenant to have three roommates. So there was a question about whether there was a waiver of the lease requirement. A trial was required.

Landlord sued to evict rent-stabilized tenant for violating his lease. Landlord claimed that tenant had too many roommates. Tenant's lease stated that tenant was allowed one roommate in accordance with RPL Section 235-f. The court ruled against landlord without a trial and landlord appealed. The appeals court reopened the case. Tenant moved into the four-bedroom apartment in 1977. Prior landlord apparently allowed tenant to have three roommates. So there was a question about whether there was a waiver of the lease requirement. A trial was required.

Roxborough Apts. Corp. v. Becker: NYLJ, 7/29/02, p. 18, col. 2 (App. Div.1 Dept.; JP, Tom, JJD, Andrias, Rosenberger, Ellerin, Wallach)

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