Roommate Law Compliance - RPL §235-f

Overview

Real Property Law §235-f makes a lease restriction that limits residential occupancy to named tenants and their immediate family unenforceable as against public policy, subject to the statute's conditions and lawful occupancy limits.

For a lease entered into by one tenant, the statute permits the tenant, the tenant's immediate family, one additional occupant, and that occupant's dependent children, provided the tenant or the tenant's spouse occupies the premises as a primary residence.

For a lease entered into by two or more tenants, the statute permits tenants, their immediate family, occupants, and occupants' dependent children, but the total number of tenants and occupants - excluding occupants' dependent children - may not exceed the number of tenants specified in the current lease. At least one tenant or a tenant's spouse must occupy the premises as a primary residence.

The statute is not limited to buildings with four or more units. That four-unit threshold belongs to the separate subletting rule in RPL §226-b and must not be imported into the Roommate Law.

Notice and Limits

The tenant must tell the landlord the occupant's name within 30 days after occupancy begins or within 30 days after the landlord requests the information. Section 235-f does not override federal, state, or local occupancy laws, regulations, ordinances, or codes.

An occupant and the occupant's dependent child do not acquire a right to continued occupancy after the tenant vacates merely by relying on §235-f, absent the landlord's express written permission. Other rights may arise under different law, including rent-regulation succession rules, and should be evaluated separately by counsel.

Botway Operating Rule

Do not reject an applicant or threaten a tenancy based on a lease restriction that conflicts with §235-f. Record owner-supplied occupancy information accurately and route disputes, code-capacity questions, succession questions, and proposed enforcement to counsel. Botway does not determine whether a particular person has succession rights.

Verified Source

• New York Senate, Real Property Law §235-f - fetched and read 2026-08-07.

---

This article provides general educational information only and is not legal advice. Counsel should apply the statute and any separate occupancy or rent-regulation rules to the facts.