I live in a rent stabilized building and now the building is going through foreclosure proceedings because the landlord has defaulted on his mortgage payments to the bank since 2010.The law firm that is representing the bank has now sent the landlord a request for judicial intervention and the landlord has done all sorts of things like not advising the tenants that the building is rent stabilized, overcharging us for the rent,not giving us a correct rent stabilized lease with the rider and not making the proper repairs in the apartments and in the building.We all stopped paying the landlord the rent and have the money in an account.The landlord tried taking us all to court and have us evicted with a holdover case and he lost and now he is trying to use the of overcrowding card.
You are allowed, you, your immediate family members and one roommate.
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Dear Ozone Park Tenant:
The "law" that governs the number of persons who may live in one Class A apartment is not subject to a landlord and tenant agreement, or the landlord's knowledge or what other people are doing in the building. A "waiver" in a lease, may not be effective.
Even the so-called "Roommate Law" ( the statute is unlawful restrictions occupancy, and allows, by its text that a lease made by a tenant also includes the spouse of the tenant, and tenant's "immediate family" as well as one roommate and the roommate's dependents) yields to a superior local law (such as in NYC) that restricts the number of person who may live lawfully in one household in a Class A apartment:
The restrictive law is:
">>>Sec. 27-2075 Maximum permitted occupancy
a. No dwelling unit shall be occupied by a greater number of persons than is permitted by this section.
1. Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total livable floor area of the apartment by eighty square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than eighty square feet shall be counted in determining the maximum permitted occupancy for such apartment.
The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private halls, foyers, bathrooms or water closets shall be excluded.>>>"
So you need to measure the square footage of the "liveable" floor area of the apartment.
The statute allowing more persons that only the named tenant states ('8' allows the landlord to restrict the number of persons in the apartment to the maximum allowed by the Housing Maintenance Code):
">>>2. It shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms or otherwise, to a tenant or tenants or to such tenants and immediate family. Any such restriction in a lease or rental agreement entered into or renewed before or after the effective date of this section shall be unenforceable as against public policy.
3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
4. INTENTIONALLY SKIPPED
5. The tenant shall inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord.
6. No occupant nor occupant's dependent child shall, without express written permission of the landlord, acquire any right to continued occupancy in the event that the tenant vacates the premises or acquire any other rights of tenancy; provided that nothing in this section shall be construed to reduce or impair any right or remedy otherwise available to any person residing in any housing accommodation on the effective date of this section which accrued prior to such date.
7. Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void.
8. Nothing in this section shall be construed as invalidating or impairing the operation of, or the right of a landlord to restrict occupancy in order to comply with federal, state or local laws, regulations, ordinances or codes. >>>"
See more at: http://codes.lp.findlaw.com/nycode/RPP/7/235-f
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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