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Asker
Posted about 1 year ago.

Private home, nothing different in the home ever. Become single and one income to pay huge taxes and utilities so you look for 4 others to share with you. Split the prices as per the sizes of the bedrooms and private bathrooms. Roommates as we call each other share complete house. One roommate decides not to split expenses and we have to request them to move. Are they tenants? or are they roommates. When a roommate decides they want to live for free they now call the town they are TENANTS.. They are not but how do you address these issues.
5 woman rent a home together, that allowed. If the one woman decides to not pay her expenses how does the others put her out. Also can they put another woman in once that person moves out. Yes, this is a problem...singles should also have a right to live in a home.. can happen if two woman share a two bedroom apt, and one decides not to pay their half. How do you put the one not paying there part of the bill. Other one shouldn't have to pay the full bill, nor should they have to move out of their home.. Any ideas. Sharing housing goes on every day..It is a big legal issue. Town codes change as per the money needs of the towns not interested in the citizens. 2014 money is tight and people may need to live together to have housing. Nice middle class people also need housing..
NY or MA housing apt are outragous and people need to share to have a place to live. Not everyone is a family with two plus incomes.. Young people have this problem every day.. College grad students need to have housing also and they always live 3/4 together,and share everything is this also wrong? Believe it or not the towns are allowed to break into these homes and it's ok.. Civil rights violation and have to address in appellate court

Steven Warren Smollens
Steven Warren Smollens, Landlord / Tenant Lawyer - New York, NY
Posted about 1 year ago.

OK. This is a question very similar in all details to a series of questions dealing with the zoning ordinance of the Town of Brookhaven, so you may want to check the answers for those questions. In any case, in the State of New York, a Home Owner of a Single Family House is a "Landlord" to any persons renting from the owner any portion of the house (a bedroom and shared kitchen, living room and bathroom, and garage and drive way and rear and front yard) and so the statutory New York notion of roommate does not apply [in the statute a roommate [the word is never used] is an occupant living together with a tenant, and not in a co-tenancy relationship, and not entitled to the privilege the tenant has with the lease made with the landlord), so no matter how you want to claim that the persons living with you are roommate, there is no known method for transforming a person with a direct relationship with a homeowner into a person with a direct relationship with a tenant. In any case, the so-called roommate law, limits the right of a tenant to no more than one roommate (and the roommate's dependents) as long as the number of persons occupying the dwelling is not in excess of any federal, state and local law, rule or ordinance, capping the upper limit of the number of persons who may lawfully occupy the dwelling.
In you case, as the landlord only you, not any other tenant or "roommate" has the legal right to go to court to evict the unwanted tenant or "roommate." The notion of "legal possession" at the jurisdictional core of the NY summary proceeding, is invoked only when the person commencing the lawsuit is a person entitled to possession of the premises as a judgment from the court. That would exclude all the persons in your house from the authority to commence the possession proceeding other than you as the landlord and owner.
You may continue to joust with the issue or bite the bullet and hire an attorney to help you evict the undesired tenant.

No photo
Asker
Posted about 1 year ago.

Hired a atty and he was abused by the court..

Steven Warren Smollens
Steven Warren Smollens, Landlord / Tenant Lawyer - New York, NY
Posted about 1 year ago.

OK. That must be very disappointing. There are many lawyers practicing real estate law and litigation on Long Island. You should continue to look for an attorney.