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Roommate: Can Landlord Demand Identification from Your Roommate

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  • 07-13-2017, 11:02 PM
    Modalrealism2
    Roommate: Can Landlord Demand Identification from Your Roommate
    My question involves landlord-tenant law in the City of New York.

    this is another issue involving the case discussed in the "Roommate: can my girlfriend move in if I have a roommate" thread.

    I am on a lease with my girlfriend. My girlfriend does not currently live with me. Instead, I live with a roommate, which I have a right to do under NY Real Property Law 235-f. My landlord inquired about who was living with me, and I told her this because I am required to do so within 30 days under that same law. the landlord responded with the claim that I am violating the lease because I am not permitted to sublet without advance authorization from her. She also demanded several forms of ID from my roommate and my roommates permanent address.

    Questions:

    1. Am I right to think that I am not subletting, given that a subletter is someone who occupies the premises while the tenant is not there, but I am in fact here? So therefore I cannot be in violation of the requirement to request permission before subletting?

    2. Am I right to think that I do not have to supply my roommate's identification, but merely inform the landlord of who my roommate is?

    3. Lastly, am I right to think that it is not legally possible for a landlord to prohibit you from entertaining any guests at all in your apartment?

    Thank you. I will also see a tenant lawyer on Monday and will report back after that, but would certainly apprezziate any of your thoughts.
  • 07-14-2017, 12:17 AM
    adjusterjack
    Re: Roommate: Can Landlord Demand Identification from Your Roommate
    Quote:

    1. Am I right to think that I am not subletting, given that a subletter is someone who occupies the premises while the tenant is not there, but I am in fact here?
    The NY Court of Appeals said:

    Quote:

    "[A] sublease is a transfer by a tenant of only part of his estate or interest in the whole, or in a part, of the demised premises, with the reservation unto himself of a reversionary interest in the leasehold estate"
    http://scholar.google.com/scholar_ca...en&as_sdt=4,33

    Your roommate gives you money in exchange for living there. Your roommate is your tenant. You are subletting. Make no mistake about that.

    And it certainly appears that you haven't complied with the sublease statute:

    http://law.justia.com/codes/new-york...ticle-7/226-b/

    Quote:

    2. Am I right to think that I do not have to supply my roommate's identification, but merely inform the landlord of who my roommate is?
    You're correct that the cited statute (235-F) in paragraph 5 says inform the landlord of the name of any occupant within 30 days.

    However, paragraph 8 says:

    Quote:

    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.
    Which tells me that the landlord may be able to require your roommates ID under federal immigration laws. I can't say for sure but you might want to check on that before you push back too hard.

    Quote:

    3. Lastly, am I right to think that it is not legally possible for a landlord to prohibit you from entertaining any guests at all in your apartment?
    That's true. A landlord cannot prohibit you from entertaining guests in your apartment assuming, of course, that you are not making a lot of noise or disturbing neighbors.
  • 07-14-2017, 08:10 AM
    Modalrealism2
    Re: Roommate: Can Landlord Demand Identification from Your Roommate
    The case that you cite states that the tenant in question was not subletting because the entire apartment was open to the occupant. Similarly, our situation is that we share the entire apartment and neither I nor the occupant is restricted from any part of the apartment. Would this still constitute a partial sublet?

    I'm happy to provide the rommate's identification to the landlord; thanks for pointing out that federal law may give the landlord the right to request the identification.
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