New York roommate law: who can live with you
NY’s roommate law (RPL 235-f) lets a tenant live with immediate family plus one more occupant and their kids, even if the lease says otherwise. Rules, examples.
6 min read · Updated
Under New York’s roommate law, Real Property Law § 235-f, a tenant who is alone on the lease can live with their immediate family plus one additional person and that person’s dependent children, even if the lease says only the named tenant may live there. You don’t need the landlord’s permission, but you must tell the landlord the roommate’s name within 30 days of the move-in or of the landlord asking.
At a glance
- Law
- Real Property Law § 235-f
- One tenant on the lease
- Family + 1 occupant
- Plus that occupant’s dependent children
- Two or more on the lease
- Headcount cap
- Tenants + occupants can’t exceed the number on the lease
- Tell the landlord
- Name within 30 days
- Of move-in, or of the landlord’s request
- Lease bans roommates?
- Unenforceable
- Waivers of § 235-f are void
- Roommate’s rights
- None to stay
- If the tenant leaves, unless the landlord agrees in writing
The key terms
- Tenant: someone named on the lease (or a statutory tenant under the rent control laws) who lives in, or has the right to live in, the apartment.
- Occupant: anyone other than a tenant or a member of a tenant’s immediate family who lives there with the tenant’s consent. This is your roommate.
- Immediate family: the statute uses the term but doesn’t define it. Spouses and children are the clearest cases; for other relatives, check with a lawyer if your landlord objects.
- Primary residence: the protections assume the tenant (or the tenant’s spouse) actually lives there as their main home. If you have moved out and left a “roommate” behind, that is a sublet or an assignment, not a roommate arrangement.
Who can live with you: the two rules
If you are the only tenant on the lease
Unless your lease gives you more, the law reads your lease to allow: you, your immediate family, one additional occupant, and that occupant’s dependent children. You or your spouse must live there as a primary residence.
If two or more tenants are on the lease
The lease allows the tenants, their immediate families, occupants and occupants’ dependent children, as long as the total number of tenants plus occupants (not counting occupants’ dependent children) is no more than the number of tenants on the lease. At least one tenant or a tenant’s spouse must live there as a primary residence. In practice, the AG’s Tenants’ Rights Guide explains, this means a departing co-tenant can be replaced by another occupant.
Examples
| Lease and household | Allowed? | Why |
|---|---|---|
| 1 tenant on lease; lives with spouse, two children and one friend | Yes | Immediate family plus one additional occupant |
| 1 tenant on lease; lives with one friend and the friend’s 6-year-old | Yes | The occupant’s dependent children don’t count against the limit |
| 1 tenant on lease; lives with two unrelated friends | Not under § 235-f | Only one additional occupant is protected; the lease or landlord would have to allow more |
| 2 tenants on lease; one moves out and a new friend moves in | Yes | Tenants + occupants still equals 2 |
| 2 tenants on lease; both stay and two friends move in | Not under § 235-f | Tenants + occupants would be 4, more than the 2 on the lease |
| 1 tenant on lease moved away; a friend lives there alone | No | The tenant isn’t using it as a primary residence: this is a sublet or assignment |
What the landlord can and can’t do
- Can’t limit occupancy to just the tenants, or just the tenants and their family, through a lease clause or otherwise. Such restrictions are unenforceable as against public policy, and any lease term that waives § 235-f is void.
- Can ask for the name of each occupant, and you must give it within 30 days of the occupant moving in or of the request.
- Can restrict occupancy when needed to comply with federal, state or local law, such as legal overcrowding standards.
- Isn’t required to give your roommate a lease or let them stay if you leave. An occupant gets no right to continued occupancy or other tenancy rights without the landlord’s express written permission.
If a landlord violates § 235-f, the person harmed can sue for an injunction, actual damages and court costs.
How to add a roommate the right way
- 1
Count your household
Check the tables above. If you are the only tenant on the lease, you can add one occupant (plus their dependent children) beyond your immediate family. - 2
Make sure you live there
You or your spouse must keep the apartment as your primary residence. If you are leaving, follow the sublet rules instead. - 3
Write a roommate agreement
Agree on rent split, utilities, deposit, guests, chores and what happens if someone moves out. See the roommate agreement checklist. - 4
Tell the landlord the name
Send your roommate’s name in writing within 30 days of their move-in, or within 30 days if the landlord asks. Keep a copy. - 5
Keep the paperwork
Store the notice with your lease. If the landlord objects, point to RPL § 235-f.
Splitting costs? Use the roommate rent split calculator and the utility bill split calculator, and read the roommate agreement checklist.
Roommate vs sublet: which one is it?
| Roommate (RPL § 235-f) | Sublet (RPL § 226-b) | |
|---|---|---|
| Do you live there? | Yes, as your primary residence | No, you are temporarily away |
| Landlord consent needed? | No; just give the name within 30 days | Yes; a written certified-mail request |
| Building size | Any residential rental | Statutory right only in buildings with 4+ units |
| Your liability | You stay responsible under the lease | You stay responsible under the lease |
If you are leaving for a while, read subletting in New York before you hand anyone your keys.
Re-verified 2026-10-12 against statute text: definitions of tenant and occupant, the ban on limiting occupancy to tenants or tenants plus family, the single-tenant rule (immediate family + one additional occupant + that occupant’s dependent children, primary residence by tenant or spouse), the multi-tenant headcount cap, 30-day name disclosure, no occupant succession without express written permission, void waivers, the exception for compliance with other laws, and the private right of action checked against RPL § 235-f. The statute does not define “immediate family,” so the guide does not list relatives. Replacement of a departing co-tenant and overcrowding standards from the AG guide. Examples are Roofy applications of the statute.
Sources
- NY Real Property Law § 235-F: Unlawful restrictions on occupancy · New York State Senate (accessed October 12, 2026)
- Residential Tenants’ Rights Guide · New York State Attorney General (accessed October 12, 2026)
- NY Real Property Law § 226-B: Right to sublease or assign · New York State Senate (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.