Tenant's Three Roommates Violated Lease Clause

January 1, 2001

LVT Number: 14682

Landlord sued to evict tenant for having three roommates in a four-bedroom apartment, in violation of the lease. Tenant's lease clause stated that the apartment could be occupied by tenant, tenant's immediate family, and by occupants as permitted by Real Property Law Section 235-f. That law allows tenant to have only one roommate. Tenant asked the court to dismiss the case, arguing that the state's top court had ruled that you can't evict a tenant for violating Real Property Law Section 235-f. The court ruled for tenant and dismissed the case. Landlord appealed and won.

Landlord sued to evict tenant for having three roommates in a four-bedroom apartment, in violation of the lease. Tenant's lease clause stated that the apartment could be occupied by tenant, tenant's immediate family, and by occupants as permitted by Real Property Law Section 235-f. That law allows tenant to have only one roommate. Tenant asked the court to dismiss the case, arguing that the state's top court had ruled that you can't evict a tenant for violating Real Property Law Section 235-f. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord wasn't suing to evict tenant solely based on Real Property Law Section 235-f. Rather, landlord was suing to evict tenant for violating a lease clause that incorporated that law. Landlord had the right to do this.

Roxborough Apts. Corp. v. Becker: NYLJ, 12/12/00, p. 26, col. 5 (App. T.1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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