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New York Real Property - Article 7 - § 235-F Unlawful Restrictions on Occupancy

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Real Property 
 
    §  235-f.  Unlawful  restrictions  on  occupancy.  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.
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Last modified: February 16, 2014