Can I let my sister's family stay in my rented apartment?

Full question:

Can I allow my sister’s family to occupy my rented apartment along with my family for an year in Hudson, New York? Can the landlord restrict me in doing so under a lease agreement?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: New York

Answer:

In New York, a tenant can allow one additional occupant in their apartment, along with their immediate family. Landlords cannot legally restrict this under lease agreements, as such restrictions are considered unenforceable under public policy (N.Y. Real Property Law § 235-f).

This law states that:

1. Tenants can permit occupancy by themselves, their immediate family, one additional occupant, and dependent children, as long as the tenant or their spouse lives in the apartment as their primary residence.
2. For leases with multiple tenants, occupancy is allowed for all tenants, their immediate families, and occupants, provided the total number of tenants and occupants does not exceed the number specified in the lease.
3. Tenants must inform the landlord of any new occupant within thirty days of their arrival or upon the landlord's request.
4. Occupants do not gain tenancy rights if the tenant vacates without the landlord's written permission.
5. Any lease provision that waives these rights is void.

In your case, you can allow your sister’s family to stay in your rented apartment for a year as an additional occupant, as long as you or your spouse occupy the apartment as your primary residence. If your lease has restrictions on occupancy, you can challenge the landlord for enforcing unlawful restrictions.