Is it legal in NY to rent rooms of a house zoned as a single family dwelling, using an enforceable lease?

Attorney answers (3)

1. Licensed in NY

   

   Steven Smollens

   New York Landlord / Tenant Lawyer

   Contributor Level 18

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   Answered January 22, 2013 10:16. Dear is this legal?
   
   Not likely in Albany (City and County).
   
   Check with the Albany City offices listed here regarding gaining an inspection of your house for compliance with the certificate of occupancy:
   
   http://albanyny.gov/Government/Departments/Code...
   
   The renting out may not be allowed by the certificate of occupancy, but the lease may still be valid. Other than the parties to the lease deciding to terminate the contract, only a court may invalidate a lease. However, a lease or contract that is made in violation of local or state law, may not be enforced in a court case involving a dispute with that lease.
   
   If the occupancy is not legal, by reason of a violation of the certificate of occupancy, a vacate order might be issued that would force all persons out of the house who are not related to the home owner.
   
   If you intend to disturb the hornets' nest, you should protect yourself with a local attorney.
   
   Good luck.

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2. Licensed in NY

   

   Jayson LutzkyPro

   Bronx Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 22, 2013 10:06. It depends on the certificate of occupancy that the owner has. If there is a C of O that allows it fine, if not it is not legal. Landlord will have a hard time enforcing a lease that he entered into without having the proper C of O. Speak with local experienced tenant's lawyer for more advice.

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3. 

   Byron Flagg

   Gainesville Land Use / Zoning Attorney

   Contributor Level 10

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   Answered January 22, 2013 19:29. The other attorneys are right on. Check the ordinances of the city this property is located in. It's possible that the landlord is violating local landlord occupancy rules and /or zoning codes. If this is the case, a complaint may be made to your code enforcement board in the city.

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