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It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the
lease or to that tenant and immediate family. When the lease names only one tenant, that tenant
may share the apartment with immediate family, one additional occupant and the occupant's dependent
children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
When the lease names more than one tenant, these tenants may share their apartment with immediate
family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with
another occupant and the dependent children of the occupant. At least one of the tenants named in the
lease or that tenant's spouse must occupy the shared apartment as his or her primary residence.
Tenants must inform their landlords of the name of any occupant within 30 days after the occupant
has moved into the apartment or within 30 days of a landlord's request for this information. If
the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy
without the landlord's express consent. Landlords may limit the total number of people living in an
apartment to comply with legal overcrowding standards. (Real Property Law §235-f)
This article is an extract of the "New York Tenant's Rights Guide" from the Office of New York Attorney
General Eliot Spitzer. For information about tenant's rights in other States, you should contact your local
Tenants/Landlords association.
1800roommates.com provides general legal information to help people understand their
legal rights, but is not a substitute for personal legal advice from an attorney.
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