Roommates in New York: your rights under the Roommate Law
New York's Roommate Law (RPL §235-f) is one of the most tenant-friendly rules anywhere, and most renters have never heard of it.
The core right
- If you're the only tenant on the lease, you may share the apartment with one roommate plus their dependent children - no landlord permission needed, whatever the lease says.
- If two or more tenants are on the lease, the total occupants can't exceed the number of tenants on the lease plus roommates allowed by the formula - in practice, a 2BR leased to two people can generally house four adults under the statute.
- You must tell the landlord the roommate's name within 30 days if they ask. The landlord can't charge a fee or raise the rent because of a roommate.
What the law doesn't do
- Your roommate is not on the lease unless the landlord adds them. You're fully on the hook for their share of the rent and any damage.
- If you move out, the roommate has no automatic right to stay - that's between them and the landlord.
- Short-term sublets and Airbnb-style arrangements are a different legal world and can violate both your lease and city law.
Protect yourself
Write a one-page roommate agreement: rent split, utilities, notice if someone leaves, guest policy. It feels formal between friends until the month it isn't. If you want the roommate on the lease itself, ask in writing - landlords can approve or decline for legitimate reasons, and getting everyone on the lease is the cleanest setup for all sides.
General information, not legal advice. Laws change and every situation is different. For advice about your specific case, talk to a tenant lawyer - free help may be available through the city's tenant protection resources or Legal Aid.