Tenants often have family members, partners, friends, and other occupants live with them, despite those people not being a party to the lease or rental agreement. In this section, you will find information regarding a tenant’s rights to have others live with them and when a landlord can legally restrict the number of people living in a unit.
Landlords may try to limit how many people can live in a rental unit. Under New York State law, landlords cannot unreasonably limit your right to have family, or other occupants, live with you. For the purposes of determining how many people can occupy a rental unit, a “tenant” is a person who is a party to the lease agreement, and an “occupant” is anyone occupying the rental unit with the permission of a tenant, excluding a tenant’s immediate family.
These rights cannot be waived—they still apply if your lease says otherwise, or if you do not have a written lease. Please refer to New York Real Property Law Section 235-f.
Generally, the law allows a tenant to have their immediate family and additional occupants live with them, along with the dependent children of additional occupants. If two or more tenants are parties to the lease agreement, however, the landlord may restrict the number of tenants and occupants to a number specified in the rental agreement, excluding any tenant’s family members and any occupant’s dependent children.
Landlords can also limit the number of people living in a rental unit to comply with any federal, state, or local laws, regulations, or rules. For example, a city code provision may limit the number of people that can live in a residential unit based on the total square footage of the unit. Additionally, you should notify your landlord of the name of any additional occupants within thirty days of their occupancy. Please refer to New York Real Property Law Section 235-f.
If you are living in subsidized housing, there may be legal restrictions and reporting requirements that affect your rights to have other people live with you. Failure to follow these restrictions and reporting requirements may result in the termination of your subsidized housing, as well as potential civil or criminal penalties.
If your landlord is trying to unreasonably or unlawfully limit your right to have others live with you, you may be able to sue your landlord for (1) an “injunction” asking a court to order the landlord to stop violating the law, (2) actual damages sustained as a result of the landlord’s violation, and (3) court costs. Please refer to New York Real Property Law Section 235-f.
This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.
