N.Y. Real Prop. Law § 235-F
As a seasoned legal professional with a background in real property law, I've navigated through various statutes and regulations, including the nuances of residential lease agreements. My expertise extends to the interpretation and application of such laws, ensuring a comprehensive understanding of their implications.
Now, diving into the specific content of the provided article, we're dealing with Section 235-F of the New York Real Property Law. This section outlines key terms and provisions related to residential rental premises, tenants, occupants, and the rights and responsibilities of landlords. Let's break down the concepts outlined in the text:
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Tenant and Occupant Definitions:
See Also7 Types of Property Ownership with Pros & ConsCommon Types of Real Property OwnershipLegal Definition of Real PropertyOwnership - definition and meaning - Market Business News- (a) "Tenant": Refers to an individual entitled to occupy residential rental premises, either as a party to the lease or as a statutory tenant under specific housing laws.
- (b) "Occupant": Encompasses individuals, excluding tenants and their immediate family, who occupy premises with the tenant's consent.
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Unlawful Restrictions on Occupancy:
- Landlords are prohibited from restricting occupancy of residential premises exclusively to tenants or tenants and their immediate family. Such restrictions, whether in lease terms or otherwise, are deemed unenforceable as against public policy.
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Lease Agreement for One Tenant:
- A lease entered into by one tenant permits occupancy by the tenant, immediate family, one additional occupant, and dependent children of the occupant. The tenant or their spouse must occupy the premises as their primary residence.
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Lease Agreement for Two or More Tenants:
See Alsoownership in common- For leases with two or more tenants, occupancy is allowed for tenants, immediate family, occupants, and dependent children of occupants. The total occupants (excluding dependent children) must not exceed the number specified in the lease, and at least one tenant or their spouse must have the premises as their primary residence.
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Tenant's Obligation to Inform Landlord:
- Tenants are required to inform the landlord of any occupant's name within thirty days of occupancy or upon the landlord's request.
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Rights of Occupants and Dependent Children:
- Occupants and their dependent children have no automatic right to continued occupancy if the tenant vacates without the express written permission of the landlord. Existing rights and remedies for persons residing in housing accommodations before the effective date of this section remain unaffected.
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Invalidation of Lease Provisions:
- Any provision in a lease attempting to waive the rights established in this section is considered null and void.
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Non-Impairment Clause:
- The section does not invalidate or impair a landlord's right to restrict occupancy to comply with federal, state, or local laws, regulations, ordinances, or codes.
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Legal Recourse for Violations:
- Individuals aggrieved by a violation of this section have the right to seek legal remedies, including injunctive relief, actual damages, and court costs.
This comprehensive legal framework, embodied in N.Y. Real Prop. Law § 235-F, aims to balance the rights of tenants and occupants with the legitimate interests of landlords, all while upholding public policy considerations.