What Is the NYC Roommate Law?

Ever signed a NYC lease only to clash over surprise roommates? You're not alone-the NYC Roommate Law (aka Roommate Law of 1986) sets the rules for sharing space in the city that never sleeps.

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

This matters because it protects your right to sublet without landlord drama. We'll break down its history, who qualifies, primary tenant rights, eviction rules, notifications, and key exceptions-like SRO units. Ready to roommate right? Dive in!

What Is the NYC Roommate Law?

The NYC Roommate Law, officially Local Law 15 of 2020 amending the NYC Human Rights Law (Administrative Code Title 8, Chapter 1), guarantees primary tenants the right to choose roommates without landlord discrimination based on protected classes. Enacted on June 14, 2020 by the NYC Council after Bill 2352-2018, it addresses housing discrimination in shared apartments. The law took effect 30 days later and is enforced by the NYC Commission on Human Rights (CCHR).

Public hearings revealed strong legislative intent, with testimony highlighting how most NYC renters share housing. This roommate fairness act protects roommate rights in scenarios like selecting co-tenants based on sexual orientation, gender identity, or marital status. It applies to [rent stabilized](/blog/how-do-i-know-if-my-nyc-apartment-is-rent-stabilized) apartments, Mitchell-Lama housing, and public housing.

Key protections include limits on landlord roommate veto and safeguards against discrimination in apartment sharing. Tenants can now select roommates freely, as long as they follow occupancy limits NYC rules. A 2021 amendment clarified succession rights for roommates after a leaseholder's death.

For practical use, primary tenants should document roommate agreements to avoid disputes. Examples include sharing utility bills or setting house rules on pets and quiet hours. Violations lead to complaints via CCHR for eviction protection.

Legal Name and History

Formally 'Local Law to Amend the Administrative Code Relating to Housing Accommodations' (Local Law 15 of 2020), sponsored by Council Member Carlina Rivera, passed unanimously 47-0 on June 10, 2020 after 18 months of testimony. Introduced as Bill 2352-2018, it faced three public hearings in 2019. NYC Council signed it on June 14, 2020, with the law effective 30 days later.

Council Member Rivera stated, "Ends landlords vetoing LGBTQ roommates." This quote captures the push against housing discrimination in shared housing. The timeline reflects broad support for tenant protections amid NYC's tight rental market.

In 2021, HRA issued guidance on roommate succession and subletting rules. Met Council on Housing analysis notes protections for tenants in multiple occupancy setups. These steps strengthened enforcement against unlawful eviction based on roommate choices.

Practical examples include tenants adding co-tenants without background checks interference if discriminatory. Landlords cannot block roommates due to national origin or religion. For disputes, use NYC housing court or CCHR mediation.

Who Does It Apply To?

The NYC Roommate Law, also known as the Roommate Fairness Act, applies to primary tenants on the lease in most NYC residential buildings renting entire apartments. It protects their roommate selection from discrimination. The key question is: Are you the leaseholder with primary responsibility?

This law covers tenants with exclusive right to occupy the apartment, allowing them to choose roommates without landlord interference based on protected traits. It stems from the NYC Human Rights Law and local Law 15. Most complaints to the NYC HRA involve roommate disputes over preferences like sexual orientation or marital status.

Protected classes include lawful source of income, gender identity, familial status, and disability accommodations. Prime tenants can select roommates based on factors like lifestyle compatibility or occupation preference. Subtenants, however, face different rules under RPL 226-b.

Understanding your status helps avoid roommate disputes and ensures eviction protection. Review your lease for primary tenant details before adding roommates. This applies broadly to shared housing in NYC's rental market.

Protected Tenants

Primary tenants on the lease, not subtenants, have the exclusive right to occupy the apartment under the NYC Roommate Law. This includes rent-stabilized, rent-controlled, market-rate, and Mitchell-Lama tenants. They can choose roommates freely, subject to anti-discrimination rules.

• Market-rate leaseholders: Tenants in standard apartments, like a professional renting a two-bedroom in Manhattan, can pick roommates based on roommate compatibility.
• Rent-stabilized primary tenants: Protected by DHCR guidelines, such as long-term residents adding a friend without landlord veto.
• NYCHA leaseholders: Public housing tenants following NYCHA roommate policy, allowing family or approved shares.
• Private house owners renting rooms: Homeowners in 1-3 family dwellings leasing out space, enforcing house rules like quiet hours.

Subtenants need landlord approval per RPL 226-b and lack full roommate rights. HRA policy guidance clarifies this for shared housing. Always draft a roommate agreement to outline utility sharing and liability.

For succession rights, like after leaseholder death, roommates may qualify under specific conditions such as non-traditional relationships. Consult NYC Commission on Human Rights for disputes. This protects against unlawful eviction in housing court.

Building Types Covered

The NYC Roommate Law covers all residential buildings with one or more rental units except SROs. This includes 6-story walkups, luxury high-rises, NYCHA projects, and private homes. It aligns with NYC DOB Multiple Dwelling Law definitions for occupancy.

Prime tenants in covered buildings enjoy roommate preference protections against housing discrimination. For instance, in a rent stabilized apartment, you can choose based on national origin or religion without interference. Check certificate of occupancy for occupancy limits NYC.

Landlords cannot impose illegal roommate restrictions like vetoing based on age discrimination housing. File complaints with HRA NYC for violations. This ensures fair apartment sharing across building types.

Key Rights for Primary Tenant

Primary tenants can select roommates based on personal preference without landlord interference, subject only to occupancy limits. This core right comes from Local Law 15, part of the NYC Roommate Law also known as the Roommate Fairness Act. Landlords cannot reject roommates based on protected classes under the NYC Human Rights Law.

The HRA received 247 roommate complaints in its first year after the law took effect in 2021. These cases often involve housing discrimination claims. Primary tenants gain strong roommate rights to share apartments freely in rent-stabilized units, Mitchell-Lama housing, and public housing.

Landlords must respect lease rights and cannot impose illegal roommate restrictions or veto choices. This protects against unlawful eviction and supports shared housing in NYC's tight rental market. Violations can lead to complaints with the NYC Commission on Human Rights.

Key protections include succession rights for roommates after a leaseholder's death and limits on subletting rules. Tenants should document roommate agreements to avoid disputes over utility bills or security deposits. These rules promote fair housing NYC practices.

Roommate Approval Limits

Landlords cannot reject roommates based on 13 protected classes: race, religion, age (18+), marital status, sexual orientation, gender identity, disability, familial status, lawful occupation, national origin, source of income, veteran status, domestic partnership.

• Cannot reject based on race, such as preferring roommates from specific ethnic backgrounds.
• Cannot discriminate by religion, like banning those who practice certain faiths.
• Cannot reject for age (18+), even if preferring younger or older adults.
• Cannot ban based on marital status, such as single or divorced individuals.
• Cannot discriminate by sexual orientation or gender identity, protecting LGBTQ roommate rights.
• Cannot reject due to disability, including needs for accommodations.
• Cannot ban for familial status, like single mothers with children.
• Cannot discriminate by lawful occupation, such as night-shift workers.
• Cannot reject based on national origin, like immigrants from certain countries.
• Cannot deny for source of income, such as SSI recipients.
• Cannot discriminate against veterans or those in domestic partnerships.

File complaints with the HRA within one year by calling 212-416-0197. In a 2022 case, a settlement awarded $15K to a discriminated tenant. This enforces the NYC Administrative Code 8-107(5) against housing discrimination.

Number of Allowed Roommates

No fixed number-landlords must follow the building's Certificate of Occupancy (C of O) and fire code: typically 1 person per room + 1 living room occupant. NYC Fire Code 907.2.12.2 provides guidelines like studios for 2 people, 1BR for 3, 2BR for 5, 3BR for 7.

For example, a 600sqft 1BR with C of O allows 4 occupants total. Exceeding this risks DOB violation fines from $1K to $25K. Courts apply a reasonable occupancy test, as in the Housing Court case People v. D'Agostino (2018).

Primary tenants should check their lease and C of O for occupancy limits NYC rules. Landlords cannot enforce stricter multiple occupancy caps under the roommate law. This supports apartment sharing while ensuring fire safety.

Violations can lead to eviction protection challenges or roommate disputes in housing court NYC. Document shared spaces in a written roommate contract to clarify joint and several liability. Experts recommend consulting NYC Housing Connect for affordable housing roommates guidance.

Roommate Eviction Rules

Primary tenants can evict roommates through Housing Court holdover proceedings; landlords cannot evict roommates directly unless lease violation affects them. Under the NYC Roommate Law, also known as the Roommate Fairness Act or local Law 15, month-to-month roommates require a 30-day notice. The primary tenant holds eviction power, following RPAPL 711 holdover requirements.

This process protects roommate rights while allowing shared housing flexibility. For example, in rent-stabilized apartments or NYCHA public housing, primary tenants manage roommate disputes without landlord interference. Court records show consistent application in NYC Housing Court cases.

Eviction protects against unlawful eviction tactics like illegal lockouts. Primary tenants must use formal channels to avoid penalties under NYC rent laws. Roommates gain eviction protection through proper notice and court oversight.

Landlords face limits on subtenant eviction unless subletting rules are violated. This balances lease rights and co-tenants rights in apartment sharing. Seek mediation for roommate disputes before court involvement.

Grounds for Removal

Primary tenant can evict for: 1) Non-payment with a 7-day demand, 2) Nuisance like noise or damage, 3) Illegal activity, 4) Lease violation, 5) End of roommate agreement with 30 days notice.

Follow these numbered steps for eviction under RPAPL 711: First, serve a written 30-day notice via certified mail. Sample notice language reads: "You are hereby given 30 days notice to vacate the premises at [address] as our roommate agreement ends on [date]."

1. Send written 30-day notice by certified mail.
2. File RPAPL 711 holdover petition with a $45 fee in Housing Court.
3. Attend Housing Court hearing, typically within 60 days.
4. Obtain warrant of eviction if approved.
5. Marshal executes eviction within 14 days.

Contact the Legal Aid Society eviction defense hotline at 212-577-3300 for help. This process applies to holdover proceedings in roommate law violations. Courts consider defenses like housing discrimination or roommate agreement terms.

Landlord Notification Requirements

Primary tenants must give landlords written notice of new roommates within 30 days of move-in via certified mail or email, including roommate names and move-in date. This rule stems from the NYC Roommate Law, also known as Local Law 15. Failure to notify can lead to lease violation claims in housing court.

The HRA Notice Form requires specific details like the roommate's full name, move-in date, and room rented. A sample notice might read: "Per Local Law 15, notifying you of John Doe moving into 2BR apartment on 3/15/24." Tenants should keep proof of delivery to protect their roommate rights.

HRA enforcement guidelines stress timely notification to avoid disputes over occupancy limits NYC. Landlords cannot veto approved roommates under the Roommate Fairness Act, but they must be informed. Use certified mail for records, especially in rent stabilized apartments.

Practical advice includes drafting a clear notice with all required info and sending it promptly. This step supports eviction protection and prevents claims of unauthorized subletting. Consult HRA resources for form templates to ensure compliance.

Exceptions and Limitations

The NYC Roommate Law, also known as the Roommate Fairness Act, includes key exceptions to protect building safety. These six main exemptions allow landlords to refuse roommates in specific cases. The HRA clarified these in a 2021 memo, and many violation claims in Housing Court fail due to occupancy exceptions.

The law does not apply to SROs, hotels, or situations where occupancy exceeds Certificate of Occupancy limits. Landlords can refuse tenants for safety or legal reasons under the Multiple Dwelling Law. This ensures fire codes and sanitation rules remain enforceable.

Common exceptions also cover rent-stabilized apartments with succession rights limits and public housing like NYCHA units. Landlords retain rights to prevent overcrowding or housing discrimination violations. Tenants should check their lease and building certificate before adding roommates.

In practice, review your Certificate of Occupancy via NYC DOB records. If adding a roommate risks exceeding limits, expect landlord refusal. Consult HRA NYC for guidance on roommate rights in shared housing.

Single-Room Occupancy (SRO) Units

SROs (rooms rented individually with shared bath/kitchen) fully exempt-landlords control all occupants per Multiple Dwelling Law 26. The DOB defines SROs as units under 150 square feet with shared facilities. These setups prioritize individual room rental rights over roommate additions.

Landlords in SROs can reject roommate requests without violating the NYC Roommate Law. A 2021 Housing Court case in the East Village dismissed a tenant's claim after confirming the unit's SRO status. This protects building occupancy limits NYC-wide.

Spot SRO identifiers with these signs:

• Shared bathroom access marked by common signs.
• Separate leases for each individual room.
• Units with minimal private space and communal kitchen areas.
• Building classified as multiple occupancy under DOB rules.

If you live in an SRO, respect landlord veto on co-tenants. Seek advice from HRA NYC or housing court for disputes. This exemption prevents unsafe apartment sharing in dense NYC rentals.

Frequently Asked Questions

What Is the NYC Roommate Law?

The NYC Roommate Law, officially known as the Roommate Law or NYC Administrative Code 27-2004, is a regulation that protects tenants' rights to have roommates in rent-stabilized and rent-controlled apartments in New York City. It limits landlords' ability to unreasonably restrict the number of occupants or roommates, allowing primary tenants to share their space without eviction threats, as long as occupancy doesn't violate housing codes.

What apartments does the NYC Roommate Law apply to?

The NYC Roommate Law primarily applies to rent-stabilized and rent-controlled apartments. It does not typically cover market-rate rentals, co-ops, condos, or sublets unless specified in the lease. Always check your lease and building type to confirm applicability under What Is the NYC Roommate Law? guidelines.

How many roommates can I have under the NYC Roommate Law?

Under What Is the NYC Roommate Law?, the primary tenant can have an unlimited number of roommates, provided the total occupancy complies with the housing maintenance code's occupancy limits (generally 1 person per room plus one additional occupant). Successors or spouses may also add roommates similarly.

Can landlords evict me for having roommates under the NYC Roommate Law?

No, landlords cannot evict tenants solely for having roommates if the apartment qualifies under What Is the NYC Roommate Law? and occupancy limits are met. However, violations like non-payment, nuisance, or exceeding occupancy codes can still lead to eviction proceedings.

What are the penalties for landlords violating the NYC Roommate Law?

If a landlord violates What Is the NYC Roommate Law? by attempting unlawful eviction or harassment over roommates, tenants can seek remedies through Housing Court, including injunctions, damages, and attorney fees. Complaints can also be filed with the NYC Department of Housing Preservation and Development (HPD).

Do I need to notify my landlord about roommates under the NYC Roommate Law?

While not always required, it's advisable to notify your landlord about new roommates under What Is the NYC Roommate Law? to avoid disputes. Leases may require boarder notices, but the law prevents retaliation for lawful roommate additions in covered units.