In New York, you have the right to live in your apartment with close relatives (like parents, children, or siblings). Whether another person can live with you depends on the number of people on your lease. If there is only one tenant on the lease and the apartment is the main place you live, you can also live with another person who isn’t related to you, and any dependent children of that person. If there is more than one tenant on the lease, the number of tenants and roommates cannot exceed the number of people named as tenants on the lease. Your lease can’t restrict your rights under the Roommate Law.

If your landlord denies your right to a roommate under the Roommate Law, you may sue your landlord for the violation. This could result in the court awarding you compensation for any financial losses caused by the landlord’s actions, court fees, and attorney fees depending on the terms of your lease.

Within 30 days of your roommate moving in, you’re required to notify your landlord of their name. Your landlord can request your roommate’s name and the ages of any minors in the apartment. Since your roommate isn’t on the lease, the landlord should not require a credit check from them. Remember, as the tenant on the lease, you remain fully responsible for paying the entire rent.

You and your roommate may consider signing a Roommate Agreement where you establish things like length of stay, rent, utilities, use and maintenance of the common areas, smoking, and loud music.

If you live in a rent stabilized apartment, you cannot charge your roommate more than the proportionate share of the rent. For example, if there are two people living in the apartment you can only charge your roommate half of the total rent for the apartment.

If you have a housing subsidy that helps you pay your rent, you should consult the program rules before allowing anyone to move in. You may need permission before someone moves in with you and must report any income they receive. Your rent share could increase.

First, address the problem directly with your roommate and explore ways to resolve it. If that does not work, then consult your Roommate Agreement and see whether it addresses the issue you are facing. The agreement governs your relationship with the roommate.

You can also try mediation. Mediators are trained to help people resolve conflicts and New York City has free mediation services.

If your issues cannot be resolved, you may want your roommate to leave. You cannot change the locks, remove your roommates’ belongings, or do anything else to force your roommate to leave. If your roommate refuses to leave you must use court processes to remove your roommate.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.