Is Your Tenant Sharing Fairly? Landlord/Tenant Rights and MVAs

This week’s Bulletin focuses on a specific landlord/tenant issue and that being apartment sharing. Understandably, landlords can become upset when the named lessee is not the only resident of the designated apartment. Under NYS Real Property Law §235-f), however, other occupants, as described below, can legally reside with the lessee. (The landlord is entitled however to know the identity of addition post-original occupants within 30 days of their move-in date.) It is also to the legal professional’s advantage to know of all of the occupants of a particular rental property, should it become an issue in a motor vehicle accident matter.

NYS Real Property Law §235-f

APARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence.

When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant's spouse must occupy the shared apartment as his or her primary residence.

Tenants must inform their landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. (Real Property Law §235-f)

Note: All liabilities attributable to the lessee may extend to the other tenants of that particular rental unit.

For safety and potential liability issues, it’s important for landlords to know who is occupying their property. Again, for the legal professional, the knowledge of potential additional auto insurance policies at that address may be crucial. BNI has often conducted research into just such requests in MVAs with injuries exceeding one policy's limits.

BNI Investigators: Street smart: Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.