New York's Cooperative and Condominium Community

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RPL SEC. 235-F

A tenant is defined by the city as a person with a lease who is occupying residential rental premises. It is against the law for a landlord to restrict occupancy of residential premises to these sorts of tenants or to such tenants and their immediate family. The tenant shall inform the landlord of the name of any occupant 30 days before the new occupant moves in. No occupant shall, without express written permission of the landlord, acquire any right to continued occupancy in the event that the tenant moves out.


"In many co-ops, the language in the proprietary lease about who can live in an apartment does not parallel what the Roommate Law says. This causes many problems, and boards should review, and probably amend, their proprietary leases to ensure they can be protected within this law. Taking this step, in addition to establishing protocols for visitors, will help co-ops maintain peace between residents and board members and keep the sense of community that everyone expects."

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