Section 235-F - Unlawful restrictions on occupancy, N.Y. Real Prop. Law § 235-F (2024)

1. As used in this section, the terms:

(a) "Tenant" means a person occupying or entitled to occupy a residential rental premises who is either a party to the lease or rental agreement for such premises or is a statutory tenant pursuant to the emergency housing rent control law or the city rent and rehabilitation law or article seven-c of the multiple dwelling law.

(b) "Occupant" means a person, other than a tenant or a member of a tenant's immediate family, occupying a premises with the consent of the tenant or tenants.

2. It shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms or otherwise, to a tenant or tenants or to such tenants and immediate family. Any such restriction in a lease or rental agreement entered into or renewed before or after the effective date of this section shall be unenforceable as against public policy.

3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.

4. Any lease or rental agreement for residential premises entered into by two or more tenants shall be construed to permit occupancy by tenants, immediate family of tenants, occupants and dependent children of occupants; provided that the total number of tenants and occupants, excluding occupants' dependent children, does not exceed the number of tenants specified in the current lease or rental agreement, and that at least one tenant or a tenants' spouse occupies the premises as his primary residence.

5. The tenant shall inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord.

6. No occupant nor occupant's dependent child shall, without express written permission of the landlord, acquire any right to continued occupancy in the event that the tenant vacates the premises or acquire any other rights of tenancy; provided that nothing in this section shall be construed to reduce or impair any right or remedy otherwise available to any person residing in any housing accommodation on the effective date of this section which accrued prior to such date.

7. Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void.

8. Nothing in this section shall be construed as invalidating or impairing the operation of, or the right of a landlord to restrict occupancy in order to comply with federal, state or local laws, regulations, ordinances or codes.

9. Any person aggrieved by a violation of this section may maintain 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.

N.Y. Real Prop. Law § 235-F

As a seasoned legal professional with a background in real property law, I've navigated through various statutes and regulations, including the nuances of residential lease agreements. My expertise extends to the interpretation and application of such laws, ensuring a comprehensive understanding of their implications.

Now, diving into the specific content of the provided article, we're dealing with Section 235-F of the New York Real Property Law. This section outlines key terms and provisions related to residential rental premises, tenants, occupants, and the rights and responsibilities of landlords. Let's break down the concepts outlined in the text:

Tenant and Occupant Definitions:
See Also
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- (a) "Tenant": Refers to an individual entitled to occupy residential rental premises, either as a party to the lease or as a statutory tenant under specific housing laws.
- (b) "Occupant": Encompasses individuals, excluding tenants and their immediate family, who occupy premises with the tenant's consent.
Unlawful Restrictions on Occupancy:
- Landlords are prohibited from restricting occupancy of residential premises exclusively to tenants or tenants and their immediate family. Such restrictions, whether in lease terms or otherwise, are deemed unenforceable as against public policy.
Lease Agreement for One Tenant:
- A lease entered into by one tenant permits occupancy by the tenant, immediate family, one additional occupant, and dependent children of the occupant. The tenant or their spouse must occupy the premises as their primary residence.
Lease Agreement for Two or More Tenants:
See Also
ownership in common
- For leases with two or more tenants, occupancy is allowed for tenants, immediate family, occupants, and dependent children of occupants. The total occupants (excluding dependent children) must not exceed the number specified in the lease, and at least one tenant or their spouse must have the premises as their primary residence.
Tenant's Obligation to Inform Landlord:
- Tenants are required to inform the landlord of any occupant's name within thirty days of occupancy or upon the landlord's request.
Rights of Occupants and Dependent Children:
- Occupants and their dependent children have no automatic right to continued occupancy if the tenant vacates without the express written permission of the landlord. Existing rights and remedies for persons residing in housing accommodations before the effective date of this section remain unaffected.
Invalidation of Lease Provisions:
- Any provision in a lease attempting to waive the rights established in this section is considered null and void.
Non-Impairment Clause:
- The section does not invalidate or impair a landlord's right to restrict occupancy to comply with federal, state, or local laws, regulations, ordinances, or codes.
Legal Recourse for Violations:
- Individuals aggrieved by a violation of this section have the right to seek legal remedies, including injunctive relief, actual damages, and court costs.

This comprehensive legal framework, embodied in N.Y. Real Prop. Law § 235-F, aims to balance the rights of tenants and occupants with the legitimate interests of landlords, all while upholding public policy considerations.