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New York Roommate Agreement

Review Status: PendingAuthor: Editorial TeamMethodology: Statutory Verification

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New York at a glance: Notice to Terminate: 30 days' written notice · Deposit Refund Timeline: 14 calendar days (N.Y. GOL § 7-108) · Statutory Right to Roommate: Protected under RPL § 235-f

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Overview

Roommate Agreements in New York

New York roommate agreements are governed by the Real Property Law. Under **New York Real Property Law Section 235-f (the "Roommate Law")**, a tenant has a statutory right to share their apartment with at least one additional unrelated adult and their dependent children, regardless of lease prohibitions. Security deposit returns between roommates must follow the 14-day statutory timeline (N.Y. GOL § 7-108).
Key Facts

New York Roommate Agreement — Quick Reference

RequirementNew York Rule
Notice to Terminate30 days' written notice
Deposit Refund Timeline14 calendar days (N.Y. GOL § 7-108)
Statutory Right to RoommateProtected under RPL § 235-f
Governing LawN.Y. Real Prop. Law § 235-f
Legal Requirements

New York Legal Requirements

  • Lease clauses attempting to restrict the right to a roommate are void under RPL § 235-f.
  • Rent shares between roommates cannot exceed the total rent charged by the landlord under NYC rent stabilization rules.
Governing Laws

New York Governing Laws

N.Y. Real Prop. Law § 235-f
Unlawful restrictions on occupancy
Guarantees a tenant's right to have a roommate.
N.Y. Gen. Oblig. Law § 7-108
Security Deposits
Limits deposits to one month's rent and mandates 14-day return.

Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.

Questions & Answers

New York Roommate Agreement — Frequently Asked Questions

Can a New York landlord charge extra rent for a roommate?

No. Charging additional rent or fees for an authorized roommate under RPL § 235-f is illegal and constitutes a lease violation.

What is the limit on roommate rent in New York City?

Under NYC rent stabilization laws, a tenant cannot charge a roommate more than their proportionate (equal) share of the total rent.