As mentioned in the answer to another frequently asked question on the New York Roommate Law, landlords who learn about a new occupant can't insist on screening as they would with new tenants. If your landlord points to a lease clause requiring notification or screening of new occupants or wants you to pay a screening fee for your new roommate, you should tell the landlord that New York State law makes it clear that such provisions are invalid.
If you need to get specific and cite the New York State Real Property Law (RPL), here are the legalistic details:
- Article 7, Section 235-f(2) states that "[i]t shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms of otherwise, to a tenant or tenants... Any such restriction in a lease... shall be unenforceable as against public policy."
- Article 7, Section 235-f(7) makes it clear that "[a]ny provision of a lease or rental agreement purporting to waive a provision of this section is null and void."
- Article 7, Section 235-f(9) provides that if you believe your landlord is violating this law, you may bring an "action in any court of competent jurisdiction for: (a) an injunction to enjoin and restrain such unlawful practice; (b) actual damages sustained as a result of such unlawful practice; and (c) court costs."
If you wish to read the New York Roommate Law or print a copy to show to your landlord, you can access the full text here.
Get the answers to more frequently asked questions about New York's Roommate Law.
