New York Apartment Share

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.

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)

NEW YORK CO-OPS and NEW YORK CONDO ASSOCIATIONS MAY HAVE THEIR OWN RULES ON APARTMENT SHARING. CHECK YOUR LEASE OR YOUR ASSOCIATION DOCUMENTS. As always the case, this is subject to interpretation. It is best to get permission in writing from the landlord or property manager.

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