Full question:
I live in a rented apartment in Hudson. Recently, after my marriage my landlord required a rent increase because the lease agreement required me to reside alone in the rented apartment. Can the landlord increase rent based on my marital status?
- Category: Landlord Tenant
- Subcategory: Residential Lease
- Date:
- State: New York
Answer:
In New York, a "singles only" provision in a residential lease is considered arbitrary and unconscionable. Under N.Y. Real Prop. Law § 235-c, if a court finds a lease or any clause to be unconscionable, it can refuse to enforce that clause or limit its application to avoid an unjust outcome. Additionally, N.Y. Exec. Law § 296 prohibits discrimination in housing based on marital status, among other factors.
In the case of Leonedas Realty Corp. v. Brodowsky, the court ruled that a "singles only" restriction violates public policy because it discriminates based on marital status. Therefore, your landlord cannot legally increase your rent based on your marital status, as this would be considered an unconscionable clause in the lease.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.