Do I have a right to have roommates in my New York apartment?

What the Law Says

New York law strongly protects tenants’ rights to share their apartments with roommates — especially family members — and limits landlords’ ability to block them.

Under New York Real Property Law § 235-f, known as the 'Roommate Law,' a tenant in a rental apartment (including rent-stabilized, rent-controlled, and market-rate units) has the right to share the apartment with at least one additional occupant, plus any dependent children of that occupant.

The law also guarantees the right to live with immediate family members — including spouses, parents, children, grandparents, grandchildren, siblings, and domestic partners — without restriction on number, as long as the apartment is not overcrowded under housing code standards.

If your lease requires landlord consent for additional occupants, the landlord must respond within 30 days and cannot unreasonably withhold consent. A blanket 'no roommates' clause in a lease is void and unenforceable under this law.

Statutory Text

A tenant shall have the right to share occupancy of his or her dwelling unit with one additional occupant and such occupant's dependent children.

— Real Property Law § 235-f(1)

Statutory Text

This section shall not be construed to limit the right of a tenant to share occupancy of a dwelling unit with immediate family members.

— Real Property Law § 235-f(2)

Statutory Text

Any provision of a lease or rental agreement which purports to waive the rights granted by this section shall be null and void.

— Real Property Law § 235-f(4)

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