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Can you have a roommate in New York? The roommate law and your rights

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Yes, in most cases. Under Real Property Law § 235-f, a landlord can't limit your apartment to just the people on the lease and their immediate family. If you're the only tenant on the lease, you may live with your immediate family, one additional occupant, and that occupant's dependent children, as long as you or your spouse live there as your primary residence. If two or more people are on the lease, the total number of tenants and occupants can't exceed the number on the lease. You must tell the landlord a roommate's name within 30 days. A roommate doesn't get the right to stay if you move out.

Read on for the details, the exceptions and the sources.

In plain words

Tenant
A person who signed the lease (or, in rent-controlled apartments, a statutory tenant).
Occupant
Someone who isn't a tenant or your immediate family but lives in the apartment with your consent: a roommate.
Primary residence
The place where you actually live most of the time.
Proportionate share
In a rent-stabilized apartment, a roommate's fair part of the rent; for one roommate, no more than half.

The full answer

Real Property Law § 235-f(2) makes it unlawful for a landlord to restrict occupancy, by lease terms or otherwise, to the tenants named on the lease or to them plus their immediate family. A clause like that is unenforceable, and a lease can't waive this law (§ 235-f(7)).

One tenant on the lease: the lease is read to allow the tenant, the tenant's immediate family, one additional occupant, and that occupant's dependent children, provided the tenant or the tenant's spouse lives there as their primary residence (§ 235-f(3)). Two or more tenants on the lease: tenants, their immediate families, occupants and occupants' dependent children may live there, so long as the total number of tenants and occupants (not counting occupants' dependent children) doesn't exceed the number of tenants named on the lease, and at least one tenant or a tenant's spouse lives there as a primary residence (§ 235-f(4)).

You must tell the landlord the name of any occupant within 30 days after they move in, or within 30 days after the landlord asks (§ 235-f(5)). An occupant doesn't gain any right to keep living there if you leave, or any other tenant's rights, without the landlord's express written permission (§ 235-f(6)).

Exceptions and special cases

  • Overcrowding laws still apply: a landlord may restrict occupancy to comply with federal, state or local laws and codes (§ 235-f(8)).
  • Rent-stabilized apartments: the rent you collect from a roommate can't be more than their proportionate share; with one roommate, no more than half. A roommate charged more can file an overcharge complaint with DHCR. In rent-controlled apartments, a roommate can't be charged more than the legal rent.
  • A roommate is different from a subtenant. If you move out and someone else takes your place, that's a sublet, which follows the consent rules in § 226-b.
  • Removing a roommate: someone who has lawfully lived there 30 days or more can't be locked out; ending their stay takes a court process (RPAPL § 768). HPD lists roommates and relatives who've lived there 30 days among those protected from lockouts.
  • Good Cause: an occupant the landlord never agreed to as a rent-paying resident isn't treated as a 'tenant' under the Good Cause Eviction Law (Real Property Law § 211(4)(b)).

What to do now

  1. Count the people on your lease

    One named tenant: one additional occupant is allowed (plus their dependent children). Two or more: the total can't exceed the number named.

  2. Tell the landlord in writing

    Send the roommate's name within 30 days of the move-in, and keep a copy.

  3. Make a written roommate agreement

    Write down each person's share of rent and bills, deposits, house rules and how much notice to give before moving out. The roommate law doesn't settle money between roommates.

  4. If the landlord objects or threatens you

    Point to § 235-f. A person harmed by a violation can sue for an injunction, actual damages and court costs (§ 235-f(9)).

Frequently asked questions

My lease says only the people listed can live here. Is that valid?

Not as a ban on a lawful roommate. Restricting occupancy to named tenants and immediate family is unenforceable under § 235-f(2).

Does my partner count as 'immediate family'?

Section 235-f doesn't define 'immediate family.' Either way, if you're the only tenant on the lease, your partner can live with you as your one additional occupant, as long as that spot isn't already taken.

If I move out, can my roommate stay?

Not by right. Under § 235-f(6), an occupant gets no right to continued occupancy when the tenant leaves unless the landlord gives express written permission. Special succession rules may apply in rent-regulated apartments.

Can I charge my roommate more than half the rent?

In a rent-stabilized apartment, no: a roommate's rent can't exceed their proportionate share. In unregulated apartments, the law doesn't set a split; agree on it in writing.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.