New York · Roommate Agreement
New York Roommate Demand / Agreement
New York has a specific 'Roommate Law' (N.Y. Mult. Dwell. Law § 235-f) that gives every residential tenant the right to have one additional occupant (plus their dependent children) regardless of lease restrictions, making 'no roommates' clauses in NYC leases largely unenforceable. New York also has strong subletting rights for stabilized tenants under N.Y. Real Prop. Law § 226-b. For roommate disputes involving unpaid rent or deposit splits, NYC Small Claims Court handles up to $5,000, with county courts handling up to $10,000.
New York's Roommate Law (Multiple Dwelling Law § 235-f) gives every tenant the right to have one additional occupant (plus their dependent children) regardless of what the lease says.
Governing law
N.Y. Real Prop. Law § 226-b (subletting rights) + N.Y. Mult. Dwell. Law § 235-f (roommate law)
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Cites N.Y. Real Prop. Law § 226-b (subletting rights) + N.Y. Mult. Dwell. Law § 235-f (roommate law). Formatted for USPS Certified Mail. Instant PDF.
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New York Roommate Agreement FAQs
Does New York's Roommate Law mean I can always add a roommate?▾
Yes, if the unit is not already at the legal occupancy limit. N.Y. Mult. Dwell. Law § 235-f entitles you to add one roommate regardless of lease terms. You are required to notify your landlord of the roommate's name within 30 days of their moving in, or immediately upon request. The roommate does not have the same tenancy rights as you.
How do I handle an NYC roommate who stopped paying their share of rent?▾
Under most NYC leases, all co-tenants are jointly and severally liable, meaning the landlord can demand the full rent from any one of you. Send your roommate a formal demand for their share, documenting the amount owed. If unresolved, file in NYC Small Claims Court (up to $5,000). Keep records of all rent payments you made to the landlord.
What rights does a NYC subletter have?▾
A subletter's rights depend on their agreement with the primary tenant. Subletters can file in NYC Small Claims Court against the primary tenant for deposit disputes. NYC rent-stabilized sublets have additional regulatory protections under DHCR rules. A written sublease agreement is essential.
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