Roommate Law New York: RPL 235-f and Who Can Live With You (2026)

✓ Law Verified September 28, 2026

Roommate law new york starts with one statute, Real Property Law § 235-f, which covers who may live with you besides the people on the lease. If a landlord’s letter cites it, the key number is 30 days: under roommate law new york, you must give the landlord a roommate’s name within 30 days after they move in, or within 30 days after the landlord asks.

The short answer: Under roommate law new york, your landlord cannot limit your apartment to only the tenants named on the lease and their immediate family. If you are the only tenant on the lease, you can typically have one additional occupant, plus that person’s dependent children. You or your spouse must live there as your primary residence. You must give the landlord your roommate’s name within 30 days of move-in or within 30 days of the landlord asking. A lease clause that takes these rights away is void.

What Roommate Law New York Actually Says

The statute is short. It is also powerful. It says a landlord may not restrict who lives in your home to just the tenants on the lease, or just those tenants and their immediate family. That applies whether the limit is written into the lease or enforced “otherwise.” Any restriction like that is unenforceable as against public policy.

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However, roommate law new york does not mean anyone can move in. The statute sets clear limits. If you have one tenant on the lease, you may add one occupant and that occupant’s dependent children. If two or more tenants are on the lease, the total number of tenants and occupants cannot go over the number of tenants named in the lease. The occupants’ dependent children are not counted.

In most cases, the law also protects the landlord in one way. A roommate who is not on the lease does not get a right to stay if you move out or die, unless the landlord gives express written consent. As a result, roommate law new york protects your right to share your home. It does not turn your roommate into a tenant.

Provision Exact rule Section
Ban on occupancy limits Landlord cannot restrict occupancy to named tenants or tenants plus immediate family RPL § 235-f(2)
One tenant on lease Tenant, immediate family, 1 additional occupant, and the occupant’s dependent children RPL § 235-f(3)
Two or more tenants on lease Total tenants plus occupants cannot exceed the number of tenants on the lease (occupants’ dependent children not counted) RPL § 235-f(4)
Primary residence The tenant or the tenant’s spouse must live in the unit as a primary residence RPL § 235-f(3) and (4)
Naming your roommate Tell the landlord the occupant’s name within 30 days of move-in or 30 days of the landlord’s request RPL § 235-f(5)
No succession for roommate Occupant gets no right to stay after you leave or die without the landlord’s express written consent RPL § 235-f(6)
No waiver Lease terms that waive these rights are void RPL § 235-f(7)

You can read the full text on the New York State Senate’s official page for RPL § 235-f.

Who Roommate Law New York Covers (and Who It Does Not)

The law applies to residential rentals across New York State. It covers the “tenant,” meaning a person on the lease or rental agreement. It also covers certain statutory tenants under New York’s rent control laws. An “occupant” is anyone else who lives there with your consent, other than you or your immediate family.

Roommate law new york applies in New York City, upstate, and on Long Island alike. Market-rate, rent-stabilized, and rent-controlled tenants can typically rely on it. For example, a Buffalo renter and a Brooklyn renter get the same one-occupant rule if each is the only tenant on the lease.

However, there are limits. The statute does not stop a landlord from limiting occupancy to follow federal, state, or local laws and codes. For example, local overcrowding or building-code limits may still apply. Subsidized and public housing programs may also have their own household rules. If you live in that kind of housing, check your program rules. Also check with a local legal-aid office before adding someone. Under roommate law new york, the code limits and the roommate rights work side by side.

What Your Landlord Must Do Under This Law

Your landlord must respect your right to share your home within the statute’s limits. That means a landlord typically cannot threaten eviction just because a lawful roommate lives with you. It also means a “no roommates” clause in your lease cannot be enforced against you. Under roommate law new york, that clause is void.

The landlord may ask you for your roommate’s name. In most cases, that is the landlord’s main tool. The landlord cannot force your roommate onto the lease. However, the landlord can refuse to let an occupant take over the apartment after you leave. Roommate law new york gives that decision to the landlord, in writing.

30-day deadline: 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. If you got a letter asking for this, count 30 days from the request and answer in writing. Keep a copy.

A landlord letter citing § 235-f may also claim you have too many occupants or that you no longer live there. Take both claims seriously. Missing the primary-residence rule can put your tenancy at risk.

What You Can Do When It Is Broken

The statute gives you a way to fight back. A tenant hurt by a violation may go to court and ask for an injunction to stop the unlawful practice. You may also ask for your actual damages and your court costs. For example, if a landlord blocks a lawful roommate, you may be able to ask a judge to stop it.

Roommate law new york can also be a defense. If a landlord starts an eviction case over a lawful roommate, you may be able to raise § 235-f in your answer. Typically, courts look at the lease, the number of tenants named, and whether you live there as your primary residence. As a result, keep proof: your lease, ID with your address, utility bills, and your written notice of your roommate’s name.

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If you have court papers, act fast. Eviction deadlines in New York can be short. Contact a local legal-aid office or a tenant attorney right away. Roommate law new york protects you only if you use it on time. Check with your court about your response date.

Frequently Asked Questions

Can my landlord evict me for having a roommate in New York?

Not just for having a lawful roommate. Under roommate law new york, a single tenant can typically add one occupant plus that person’s dependent children. However, you must follow the occupancy limits, live there as your primary residence, and give the name within 30 days if asked.

Does my roommate have to be on the lease?

No. The statute lets an occupant live with you without being on the lease. However, roommate law new york does not give that occupant a right to stay after you leave, unless the landlord agrees in writing.

My lease says “no roommates.” Is that valid?

In most cases, no. Section 235-f says lease terms that waive these rights are void. The landlord can still enforce local occupancy codes, so check with a local legal-aid office if you are unsure.

Bottom line: Roommate law new york lets most renters share their home, even if the lease says otherwise. Know your count: one occupant if you are the only tenant, or no more people than the number of tenants on the lease. Give your landlord the occupant’s name within 30 days, and call legal aid right away if you get eviction papers.

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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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