2023 New York Laws › RPP - Real Property › Article 7 - Landlord and Tenant › 235-F - Unlawful Restrictions on Occupancy.

§  235-f.  Unlawful  restrictions  on  occupancy.  1.  As used in this
section, the terms:
(a) "Tenant"  means  a  person  occupying  or  entitled  to  occupy  a
residential rental premises who is either a party to the lease or rental
agreement  for  such  premises  or is a statutory tenant pursuant to the
emergency housing rent control law or the city rent  and  rehabilitation
law or article seven-c of the multiple dwelling law.
(b)  "Occupant"  means  a person, other than a tenant or a member of a
tenant's immediate family, occupying a premises with the consent of  the
tenant or tenants.
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. Any lease or rental agreement for residential premises entered into
by  two  or  more  tenants  shall  be  construed  to permit occupancy by
tenants, immediate family of tenants, occupants and  dependent  children
of  occupants;  provided that the total number of tenants and occupants,
excluding occupants' dependent children, does not exceed the  number  of
tenants  specified in the current lease or rental agreement, and that at
least one tenant or a tenants'  spouse  occupies  the  premises  as  his
primary residence.
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.
9. Any person aggrieved by a violation of this section may maintain an
action in any court of competent jurisdiction for:
(a) an injunction to enjoin and restrain such unlawful practice;
(b)  actual  damages  sustained as a result of such unlawful practice;
and
(c) court costs.