Tenant with Multiple Roommates Violated Lease

Landlord sued to evict tenant for violating the lease by having multiple roommates in tenant’s four-bedroom apartment. Tenant’s lease limited occupancy to named tenants and their immediate family or occupants as defined in and only in accordance with Real Property Law Section 235-f. The trial court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord waived the lease violation. But tenant’s lease stated that only a written agreement between landlord and tenant could waive any lease violation. There was no written agreement here and, as further provided by the lease, landlord’s acceptance of rent didn’t waive the lease violation. In addition, tenant’s current roommates weren’t the same people who occupied the apartment at the time landlord may have waived objection in prior years. 

1890 Adam Clayton Powell LLC v. Penant: 2016 NY Slip Op 26190, 2016 WL 3352243 (App. T. 1 Dept.; 6/16/16; Lowe III, JP, Shulman, Ling-Cohan [dissenting], JJ)