Tenants Rented Room to Roommate

May 31, 1997

LVT Number: 11553

Landlord sued to evict two rent-stabilized tenants. Landlord claimed they violated the roommate law by renting a room to roommate. Tenants claimed they were entitled to have a roommate. The court ruled for landlord without a trial. Under the roommate law (Real Property Law, Section 235-f), if two or more tenants sign a lease, a roommate is permitted only to replace one of named tenants who isn't occupying the apartment. Since both tenants remained in the apartment, landlord didn't have to permit roommate.

Landlord sued to evict two rent-stabilized tenants. Landlord claimed they violated the roommate law by renting a room to roommate. Tenants claimed they were entitled to have a roommate. The court ruled for landlord without a trial. Under the roommate law (Real Property Law, Section 235-f), if two or more tenants sign a lease, a roommate is permitted only to replace one of named tenants who isn't occupying the apartment. Since both tenants remained in the apartment, landlord didn't have to permit roommate. Issuance of the eviction warrant was delayed to give tenants the chance to cure this lease violation.

430 Realty Co. v. Baird: NYLJ, p. 29, col. 5 (5/14/97) (Civ. Ct. NY; Mills, J)

Topics

More like this