New York State’s Roommate Law. Really?

[Eileen Murray]

Section 235 (f) of the NYS real property law says that a tenant has the right to share their apartment with one additional occupant without first gaining the permission of the landlord. So, on top of their “right” to move in members of their immediate family (which includes in-laws, step relations, children, siblings etc) they may also move in someone who is not immediate family. That “occupant” includes the occupants dependent children as “one”.  Holy cow- it seems as though you could do a background check on your lessee and think you are good to go, but end up with 15 strangers living in your apartment!! 

I’d like to know how much of an issue this crazy law is for NY landlords and if I’m worrying excessively. Any tips/loopholes that can help this new almost-landlord to avoid big issues?

Thanks!!

[Ali L.]

When you do a prior landlord reference check, ask who lived in the unit. It's highly likely they will move over to your new unit. When you interview the potential tenant, ask who they plan to move in. Approach friendly not combative to increase likelihood of honesty.