New York Roommate Agreement
The New York rules that shape the document: the Roommate Law's occupancy right, the occupant's lack of tenancy rights, and the court process required to end that occupancy.
Find out where you stand in New York
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Introduction
A roommate agreement is a contract between co-tenants who share a rental unit. It is not a lease, and it does not bind the landlord or change what the lease says. In New York, the Roommate Law, Real Property Law Section 235-f, changes the national template in one major way: it voids any lease clause limiting occupancy to named tenants and lets a tenant bring in one additional occupant without landlord consent. But that occupant gains no tenancy rights of their own under 235-f(6), and New York has no lodger statute letting an owner remove that occupant by simple notice. Ending the occupancy of a roommate who never went on the lease requires a court proceeding under Real Property Actions and Proceedings Law Section 713(7). New York also has no statute setting joint-and-several rent liability between roommates and no rule for splitting a shared security deposit, so this agreement, not state law, is what should govern both.
Key Things to Know
- 1
New York's Roommate Law, Real Property Law Section 235-f, voids any lease clause restricting occupancy to named tenants and lets a tenant bring in one additional occupant without landlord consent, but that occupant gains no independent tenancy rights of their own under 235-f(6).
- 2
Landlord consent is not required to add a roommate under Section 235-f, but the tenant of record must give the landlord written notice of the roommate's name within 30 days of occupancy under 235-f(5). Notice is not the same as consent and does not add the roommate to the lease.
- 3
A roommate added under Section 235-f is a licensee and occupant of the tenant, not a subtenant or co-tenant, and has no right to stay if the original tenant moves out. Any lease clause waiving Section 235-f is void under 235-f(7).
- 4
New York has no California-style lodger law letting an owner occupier remove a roommate by simple written notice. Ending a licensee roommate's occupancy requires a special proceeding under Real Property Actions and Proceedings Law Section 713(7), on a 10 day notice to quit, still a court process rather than self-help.
- 5
If a roommate is instead named on the lease as a co-tenant, the shortened 713(7) licensee process does not apply. The landlord's ordinary eviction or holdover procedure governs that roommate instead.
- 6
No New York statute sets joint-and-several rent liability specifically for roommates. Liability among tenants is set by the lease itself, so this agreement should state clearly what happens if one roommate stops paying their share.
- 7
New York's security deposit statute, General Obligations Law Section 7-108, caps a landlord's deposit at one month's rent but says nothing about dividing a jointly paid deposit among roommates when one moves out. New York Executive Law Section 296(5)(a) also exempts a current occupant's choice of roommate from the state's Human Rights Law, with New York City applying its own separate version at Administrative Code Section 8-107(5)(a)(4).
Key decisions before you file
Before you file a Roommate Agreement in New York, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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New York Requirements for Roommate Agreement
New York Roommate Law Occupancy Right (RPL 235-f)
New York Real Property Law Section 235-f voids any lease clause restricting occupancy to named tenants and lets a tenant add one additional occupant, plus dependent children, without landlord consent, as long as a tenant or spouse occupies the unit as a primary residence.
New York Landlord Notice Within 30 Days (RPL 235-f(5))
The tenant of record must give the landlord written notice of each roommate's name within 30 days of occupancy. This notice is not landlord consent and does not add the roommate to the lease.
New York Occupant Has No Independent Tenancy Rights (RPL 235-f(6))
A roommate added under Section 235-f is a licensee of the tenant, not a subtenant or co-tenant, and gains no right of continued occupancy if the tenant vacates. Any lease waiver of this section is void under 235-f(7).
New York Removal Requires a Court Proceeding (RPAPL 713(7))
New York has no self-help lodger removal statute. A roommate who is only a licensee may be removed only through a special proceeding under Real Property Actions and Proceedings Law Section 713(7), after a 10 day notice to quit.
New York Security Deposit Split Not Addressed by Statute
General Obligations Law Section 7-108 caps a landlord's deposit at one month's rent but does not address dividing a jointly paid deposit among roommates. The written agreement is the only thing that governs that split.
New York Roommate Selection Fair Housing Exemption (Exec. Law 296(5)(a))
New York Executive Law Section 296(5)(a) exempts a current occupant's or resident owner's roommate selection and advertising from the state's Human Rights Law. New York City applies its own separate version at Administrative Code Section 8-107(5)(a)(4).