Operative Text
§ 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.
N.Y. Real Prop. Law § 235-F makes it unlawful for landlords to limit residential occupancy solely to the named tenant or tenants and their immediate family, and any lease clause attempting to do so is void as against public policy. A single-tenant lease is read by law to allow the tenant, their immediate family, one additional occupant, and that occupant's dependent children, so long as the tenant or their spouse uses the unit as a primary residence. Multi-tenant leases follow a similar framework, capping the combined count of tenants and occupants (excluding occupants' dependent children) at the number of tenants named in the lease. Occupants do not automatically gain tenancy rights if the tenant vacates, and tenants are required to notify the landlord of any occupant's name within thirty days of that person moving in or within thirty days of a landlord's request.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 235-F, compliant residential operators generally avoid drafting or enforcing lease clauses that restrict occupancy exclusively to named tenants and their immediate family, since such clauses are unenforceable as a matter of public policy. Operators typically track occupancy by requesting the names of any additional occupants and understanding that the permitted headcount is tied to the number of tenants on the current lease, not an independently set cap. Landlords may still restrict occupancy to the extent required by applicable federal, state, or local housing codes, and they should be aware that any lease provision purporting to waive § 235-F's protections is null and void.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 235-F gives residential tenants the right to have at least one additional occupant (plus that occupant's dependent children) share their home, provided the tenant or their spouse maintains the unit as a primary residence and the landlord is notified of the occupant's name within thirty days of move-in or upon request. Lease language that tries to prohibit this arrangement is unenforceable, and a tenant cannot be made to waive these rights through any lease clause. A person aggrieved by a violation of § 235-F may pursue an injunction, actual damages, and court costs in a court of competent jurisdiction; tenant-rights organizations and legal aid offices can help explain what enforcement paths may be available in a given locality.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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