Roommate Rights NYC: The Roommate Law Explained (2026)

✓ Law Verified September 28, 2026

Roommate rights NYC come from one state law, New York Real Property Law Section 235-f, often called the “Roommate Law.” If your landlord sent a letter citing it, here is what it means. Roommate rights NYC let most tenants live with their immediate family plus at least one additional occupant, and the key deadline is 30 days to tell your landlord that person’s name if the landlord asks.

The short answer: Under roommate rights NYC, your landlord cannot limit your apartment to only you, or only you and your family. If your lease names one tenant, you may add one additional occupant plus that person’s dependent children. However, you or your spouse must live there as your primary residence. You must give the landlord the occupant’s name within 30 days of move-in, or within 30 days of the landlord’s request. Your roommate does not automatically get a right to stay if you move out or pass away.

What Roommate Rights NYC Actually Says

Section 235-f is short. However, it packs in a lot. First, it makes it unlawful for a landlord to limit an apartment to just the tenant, or just the tenant and immediate family. Any lease clause that tries to do that cannot be enforced. As a result, a “no roommates” clause is usually void in New York.

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Next, the law sets how many people can join you. The number depends on how many tenants the lease names. For example, a one-name lease allows one extra occupant. A two-name lease allows the named tenants and occupants together, up to the number of tenants on the lease. In most cases, this is the heart of roommate rights nyc. You can read the full text on the New York State Senate website.

Provision Exact rule Section
No “tenant only” limits Landlord cannot restrict occupancy to the tenant alone, or the tenant and immediate family RPL 235-f(2)
One tenant on the lease Tenant, immediate family, 1 additional occupant, and that occupant’s dependent children RPL 235-f(3)
Two or more tenants on the lease Tenants plus occupants cannot exceed the number of tenants named in the lease (occupants’ dependent children not counted) RPL 235-f(4)
Primary residence A tenant or the tenant’s spouse must live there as a primary residence RPL 235-f(3) and (4)
Telling the landlord Give the occupant’s name within 30 days of move-in, or within 30 days of a landlord request RPL 235-f(5)
No automatic right to stay Occupant gets no right to continued occupancy if the tenant leaves or dies, without the landlord’s express written consent RPL 235-f(6)

The statute also says you cannot sign away these rights in a lease. Typically, any clause waiving them is void. Understanding roommate rights nyc starts with this table.

Who Roommate Rights NYC Covers (and Who It Does Not)

The law covers residential tenants across New York State, not just New York City. That includes market-rate, rent-stabilized, and rent-controlled apartments. In most cases, it also covers co-op and condo units you rent from an owner. Roommate rights nyc protect the tenant, meaning the person named on the lease.

However, the law does not protect everyone equally. An “occupant” is someone living there with your consent who is not a tenant or immediate family. Occupants have fewer rights than tenants. For example, they are not on the lease and cannot force a renewal. The law also does not allow overcrowding. Local building and housing codes still limit how many people can safely live in a space.

Rent-stabilized tenants face extra rules. For example, there are limits on how much you can charge a roommate. Confirm those rules with New York State Homes and Community Renewal before setting a roommate’s rent. Knowing where roommate rights nyc stop helps you avoid a lease violation claim.

What Your Landlord Must Do Under This Law

Your landlord must allow the occupants the law permits. They cannot evict you just for having a lawful roommate. They also cannot enforce a lease clause that bans all roommates. In most cases, the landlord can ask who lives there. That request starts a clock for you.

Deadline: Under RPL 235-f(5), you must tell your landlord the name of any occupant within 30 days after that person moves in, or within 30 days after the landlord asks. Put your answer in writing and keep a copy.

The landlord does not have to add your roommate to the lease. Also, the landlord does not have to let your roommate stay if you move out or die. That takes the landlord’s express written consent. Family members may have separate succession rights in regulated apartments. However, those come from other rules, not from roommate rights nyc. Check them with a tenant attorney. Landlords must respect roommate rights nyc even when they dislike your choice of roommate.

What You Can Do When It Is Broken

If your landlord sends a notice claiming your roommate violates the lease, do not panic. Section 235-f is a defense you can raise. For example, you can reply in writing, cite the section, and give the occupant’s name. As a result, many tenants resolve the issue without court. Roommate rights nyc work best when you respond on time and keep records.

If the landlord files an eviction case, you can raise the Roommate Law as a defense in housing court. Never ignore court papers. Missing a court date can lead to a default judgment against you. In New York City, cases go to the Housing Part of Civil Court. Contact a local legal-aid office or tenant attorney right away if you are served.

Also, a landlord generally cannot lock out you or your roommate without a court order. If that happens, call the police and get legal help fast. Roommate rights nyc do not stop at the lease; they back you up in court too. You may be able to get help for free, depending on your income.

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Frequently Asked Questions

Can my landlord stop me from having a roommate in New York?

In most cases, no. Under roommate rights nyc, a clause limiting the apartment to you alone is unenforceable. However, you must follow the occupant limits and live there as your primary residence.

Does my roommate have to be on the lease?

No. An occupant does not need to be on the lease. However, you must give the landlord the occupant’s name within 30 days of move-in or a request.

Can my roommate stay if I move out?

Not automatically. Section 235-f(6) says the occupant gets no right to stay without the landlord’s express written consent. Roommate rights nyc protect the tenant, not the occupant, so plan ahead before you leave.

Bottom line: Roommate rights nyc let you share your home with family and at least one additional occupant, and landlords cannot ban roommates outright. Answer any landlord request with your occupant’s name within 30 days, in writing. If you get an eviction notice, contact a local legal-aid office or tenant attorney right away.

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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