Nyc Roommate Law: Does It Apply To Your House?

New York City's Housing Maintenance Code, also known as the Roommate Law, is a set of guidelines that target landlords and tenants to ensure the sound enforcement of minimum housing standards. The Roommate Law applies to all renters in the state of New York and not just those in NYC and its five boroughs. The law allows a tenant of any private residential apartment to share their apartment with their immediate family members, one additional occupant, and any dependent children of that occupant as long as the apartment is the tenant's primary residence. However, the total number of people in the apartment should not exceed the Occupancy Standard limit of 80 sq. ft. per person.

Who is considered a 'roommate'?

In New York City, a roommate can be a relative or non-relative, such as a partner, cousin, classmate, or colleague. Immediate family members—parents, spouses, children, or step-children—are not considered roommates.

If there is only one tenant on the lease, the tenant can share the apartment with their immediate family, one additional occupant, and the dependent children of that occupant. If there are two or more tenants on the lease, the law allows occupancy by the tenants, the tenants' immediate family, but not another occupant not on the lease. However, if one or more tenants on the lease move out, they can be replaced by roommates. For example, if four people are named on the lease and two move out, the remaining tenants can bring in two new roommates.

The number of occupants in an apartment should not exceed the number of tenants. Each person in an apartment must have a livable area of at least 80 square feet.

Do you need to add roommates to the lease?

In New York, it is not mandatory to add roommates to the lease. However, there are several rules and requirements that need to be followed when it comes to roommates and leases.

Firstly, if you are the only tenant on the lease, you are permitted to have your immediate family, one additional occupant, and the dependent children of that occupant living with you, as long as the apartment is your primary residence. This is allowed under New York's "Roommate Law" or "Unlawful Restrictions on Occupancy Law".

If you are planning on having a roommate who is not a member of your immediate family, you are not required to add them to the lease. However, you must inform your landlord of their name within 30 days of them moving in. This is a requirement of the New York Roommate Law.

If there are multiple tenants on the lease, the total number of people residing in the apartment (both tenants and occupants) cannot exceed the number of named tenants on the lease. So, if three tenants are named on the lease and two move out, the remaining tenant can have up to two unrelated occupants and their dependent children living with them, in addition to their own immediate family.

Regardless of the number of people named on the lease, tenants in New York always have the right to live with their immediate family members.

It is important to note that there are occupancy limits in place. According to state law, each person living in an apartment must have at least 80 square feet of space (not including closets, bathrooms, or hallways). Therefore, the number of occupants should not exceed the Occupancy Standard limit, which is set at 80 sq. ft. per person.

If you want to officially add a roommate to your lease in New York, you will need to get approval from your landlord. The landlord is under no obligation to agree unless you live in a rent-stabilized apartment and are adding your legal spouse as a tenant.

What are the occupancy limits?

The New York Roommate Law, or the Unlawful Restrictions on Occupancy Law, allows a tenant to share their apartment with their immediate family members, one additional occupant, and any dependent children of that occupant. This is permitted as long as the apartment is the tenant's primary residence and there is only one tenant on the lease.

If there is more than one tenant on the lease, the law allows occupancy by the tenants named on the lease and their immediate family members. However, it does not allow for another occupant not named on the lease. An exception to this is if one or more tenants on the lease move out, in which case the remaining tenants can be replaced by roommates. For example, if there are four tenants named on the lease and two of them move out, the two remaining tenants can have two new roommates move in.

Regardless of the number of tenants, the total number of occupants should not exceed the number of tenants listed in the lease. In addition, each person in the apartment or a one- or two-family home must have a livable area of no less than 80 square feet. This means that the maximum number of people allowed to occupy an apartment is determined by dividing the total livable floor area by 80 square feet. The "livable floor area" does not include private halls, foyers, bathrooms, or closet space, but it does include the kitchen.

For instance, an apartment with 696.84 livable square feet can legally accommodate eight people. This calculation is based on the square footage of 696.84 divided by 80 square feet, which equals 8.7 people, rounding down to eight people.

It is important to note that while the total number of occupants does not take into account the children of unrelated occupants, overcrowding is not permitted. Landlords may also impose restrictions on the number of occupants to comply with legal overcrowding standards.

What are the rights of roommates not named on the lease?

The rights of roommates not named on the lease are limited in New York City. If there is only one tenant on the lease, the tenant, the tenant's immediate family, one additional occupant, and the dependent children of the additional occupant are allowed to live in that apartment. However, if there are multiple tenants on the lease, occupants who are not named in the lease are generally not permitted.

In the case of roommates not named on the lease, they may be evicted when the tenant on the lease vacates the apartment, and the named tenant can ask them to leave by commencing a roommate holdover case in NYC Housing Court. However, roommates who are not named on the lease still have some rights and protections. They are covered by laws that protect tenants from being illegally evicted and ensure access to basic services such as water and electricity.

Additionally, roommates have the right to enforce provisions of the lease or roommate agreement with the primary tenant of the apartment, as long as it does not violate applicable laws or the primary lease. If the prime tenant of the apartment accepts rent from the roommate, they are protected against illegal evictions, and the prime tenant must start a legal eviction case to remove them from the apartment.

In terms of adding occupants to the lease, it is not mandatory to do so, but the landlord must be informed of the name of any new occupant within 30 days of them moving in or within 30 days of a landlord's request. It is important to note that the total number of occupants should not exceed the number of tenants listed in the lease, and each person must have a livable area of at least 80 square feet.

What are the rules for taking in roommates?

The rules for taking in roommates in New York City are outlined in the "Roommate Law", a clause in Article 7 of the New York Real Property Law Article (Section 235-f). This law gives renters the right to share their apartment with at least one roommate.

If you are the only tenant on the lease, you are allowed to share your apartment with your immediate family, one additional occupant, and the dependent children of that occupant. This is permitted as long as the apartment is your primary residence.

If there are two or more tenants on the lease, the law allows occupancy by the tenants named on the lease and their immediate family, but does not allow for another occupant not named on the lease. However, if one or more of the tenants on the lease moves out, they can be replaced by roommates. For example, if there are four tenants named on the lease and two of them move out, the two remaining tenants can have two new roommates move in.

It is important to note that the total number of occupants should not exceed the number of tenants listed on the lease. In addition, each person residing in the apartment must have a livable area of at least 80 square feet, excluding bathrooms, closets, and hallways.

As a tenant, you are not required to add your roommates to the lease. However, you must inform the landlord of the name of any new occupant(s) within 30 days of them moving in or within 30 days of a request by the landlord.

If you live in public housing, subsidized housing, or receive a rent subsidy, you may have additional restrictions on taking in roommates. It is important to review your program's guidelines before making any decisions.

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