New York State law gives residential tenants specific rights to have roommates and to sublet their apartments — rights that exist regardless of what a lease says. A lease clause that attempts to prohibit all roommates or subletting is, in most cases, simply not enforceable. But the two situations follow different rules, and in rent-stabilized apartments there's a money rule most tenants have never heard of that can cost thousands if you get it wrong.
At a glance
- The Roommate Law (Real Property Law §235-f) lets a sole tenant have one additional occupant plus that occupant's dependent children — even if the lease says no. It cannot be waived.
- You don't need your landlord's permission for a roommate. You do need to notify them of the roommate's name within 30 days.
- In a rent-stabilized apartment, you cannot charge a roommate more than their proportional share of the rent — half, if there are two of you. Overcharging is a violation you can be forced to refund, with penalties.
- A roommate is not a subtenant. Subletting (you move out, they move in) follows separate, stricter rules.
- Roommates have no succession rights and no right to stay if the leaseholder leaves.
In this guide
- Roommate or subtenant? The distinction that decides everything
- The Roommate Law: your right to share your home
- The money rule stabilized tenants don't know: proportional share
- Subletting: when you leave but keep the lease
- What landlords cannot do
- What roommates should understand about their own position
- Lease clauses that say "no"
- Frequently asked questions
Roommate or subtenant? The distinction that decides everything
Before any of the rules make sense, one distinction matters more than all the others: are you living in the apartment, or leaving it?
If you live in the apartment and someone shares it with you, that person is a roommate (legally, an "occupant") — and the Roommate Law applies. If you move out and let someone else live there while you keep the lease, that person is a subtenant — and the subletting rules apply instead. The rights, notice requirements, and money rules are different for each, and confusing them is one of the most common ways tenants get into trouble.
The Roommate Law: your right to share your home
Real Property Law §235-f — universally known as the Roommate Law — prohibits landlords from restricting occupancy to only the tenants named on the lease and their immediate family. For a lease signed by one tenant, the law permits the tenant, the tenant's immediate family, one additional occupant, and that occupant's dependent children.
The key rules:
- You don't need permission. The landlord's consent is not required for a roommate covered by the law. A lease clause saying "no roommates" cannot override the statute.
- You do need to notify. Inform the landlord of the roommate's name within 30 days of the roommate moving in, or within 30 days of the landlord's written request. A short letter or email stating the name, citing §235-f, and confirming the apartment remains your primary residence is enough.
- Occupancy limits still apply. The total number of people must comply with housing maintenance standards — New York City requires at least 80 square feet of floor area per person. The Roommate Law doesn't override overcrowding rules.
- The landlord can't screen your roommate. Because the roommate isn't being added to the lease, the landlord has no right to run credit checks, demand income documentation, or approve the person.
The money rule stabilized tenants don't know: proportional share
If your apartment is rent-stabilized, there is a hard cap on what you can charge a roommate: no more than their proportional share of the legal rent. With one roommate, that's half — even if their bedroom is bigger, even if they use more of the apartment. With two roommates, each can be charged no more than a third.
This isn't a guideline; it's Rent Stabilization Code §2525.7(b), and it has teeth. A roommate who's been overcharged can file a complaint with the state housing agency (DHCR) against the tenant, and courts have ordered tenants to refund overcharges — in willful cases, with the possibility of triple damages. In severe cases, profiteering from a stabilized apartment can even put the tenancy itself at risk.
Two details worth knowing: unlike subletting, there is no furniture surcharge for roommates — the 10% furnished premium applies only to sublets. And the rule cuts both ways: if you're the roommate paying more than your share in a stabilized apartment, you have a claim.
Market-rate apartments have no equivalent statutory cap — roommates there split rent however they agree.
Not sure whether your apartment is stabilized in the first place? That's the threshold question for this rule and several others — our guide on how to check if your apartment is rent-stabilized walks through how to find out for free.
Subletting: when you leave but keep the lease
Subletting means you temporarily vacate and let someone else (the subtenant) live there and pay rent, while you remain legally responsible under the lease.
For rent-stabilized tenants, the right to sublet is protected, with a strict procedure:
- You must send a written request to the landlord by certified mail at least 30 days before the proposed sublet, including the subtenant's name, the sublet dates, and your address during the sublet.
- The landlord has 30 days to respond, and may not unreasonably withhold consent. Silence is deemed consent.
- You may not charge the subtenant more than the legal regulated rent — plus 10% only if the apartment is sublet fully furnished. Overcharging a subtenant is a serious violation that can jeopardize your lease.
- You must intend to return: the apartment has to remain your primary residence, and sublets are limited in duration under the rules.
For market-rate tenants, subletting rights depend on the lease. Many market-rate leases require landlord consent, and outside rent stabilization, landlords have more latitude to refuse. Read your lease before you list the apartment anywhere.
What landlords cannot do
A landlord cannot evict you solely for having a roommate in compliance with the Roommate Law, and cannot retaliate against you for asserting those rights. A landlord also can't demand the roommate be added to the lease, charge extra "roommate fees," or condition repairs or renewals on the roommate leaving. If a landlord tries to enforce a "no roommates" clause against a protected occupant, the clause — not you — is what's on shaky ground.
Conditions in the apartment remain the landlord's responsibility regardless of how many protected occupants live there — the warranty of habitability covers everyone living in the unit, not just the leaseholder.
What roommates should understand about their own position
The Roommate Law protects the tenant's right to have you there — it does not make you a tenant. As a roommate:
- You have no succession rights: if the leaseholder moves out, dies, or is evicted, you have no right to take over the apartment or the lease (family members may have succession rights; unrelated roommates do not).
- You generally can't be added to a stabilized lease on demand — landlords must add a legal spouse to a renewal lease when asked, but are not obligated to add anyone else.
- After you've established residency, you can't simply be thrown out overnight — even the leaseholder must go through Housing Court to remove you legally.
- If you're in a stabilized apartment and paying more than your proportional share, you can file an overcharge complaint with DHCR.
Lease clauses that say "no"
A lease clause prohibiting all roommates, or prohibiting subletting "under any circumstances," is generally unenforceable against the rights described above — §235-f cannot be waived by lease language, and stabilized tenants' sublet rights come from state law, not from the lease. If a landlord attempts to enforce such a clause, document everything and get advice before responding: Housing Court Answers (212-962-4795) provides free guidance, and tenant legal services organizations can review your specific situation.
Frequently asked questions
Can my landlord refuse my roommate? Not if you're covered by the Roommate Law (Real Property Law §235-f) and stay within occupancy limits. For a lease signed by one tenant, the law permits you, your immediate family, one additional unrelated occupant, and that occupant's dependent children — even if the lease says "no roommates," because the statute can't be waived by lease language. You don't need the landlord's permission or approval, and they can't screen your roommate, run a credit check, or demand income documentation, since the roommate isn't being added to the lease. What you do owe is notice: inform the landlord of the roommate's name within 30 days of them moving in, or within 30 days of a written request.
How many roommates can I have? For a lease signed by one tenant, the Roommate Law permits the tenant, the tenant's immediate family, one additional unrelated occupant, and that occupant's dependent children. So a solo leaseholder can add one roommate (plus that roommate's kids) as of right. Two limits apply: the total occupancy must still comply with housing maintenance standards — New York City requires at least 80 square feet of floor area per person, so the Roommate Law doesn't override overcrowding rules. And a lease with multiple named tenants follows a different count under the statute, since the "one additional occupant" allowance is tied to a single-tenant lease.
Can I charge my roommate whatever we agree on? It depends on whether your apartment is rent-stabilized. In a market-rate apartment, there's no statutory cap — roommates split the rent however they agree. In a rent-stabilized apartment, there's a hard limit under Rent Stabilization Code §2525.7(b): you cannot charge a roommate more than their proportional share of the legal rent. With one roommate that's half, with two it's a third each — even if their bedroom is bigger or they use more of the apartment. This has teeth: an overcharged roommate can file a complaint with DHCR against the tenant, and courts have ordered refunds, with the possibility of triple damages in willful cases. In severe cases, profiteering from a stabilized apartment can put the tenancy itself at risk.
Does my roommate get any rights to the apartment? Very limited ones. A roommate is protected by your right to have them there, but that doesn't make them a tenant. They have no succession rights — if you move out, die, or are evicted, an unrelated roommate has no right to take over the apartment or the lease (family members may have succession rights; roommates don't). They generally can't be added to a stabilized lease on demand either — landlords must add a legal spouse to a renewal when asked, but aren't obligated to add anyone else. One protection does apply: once a roommate has established residency, they can't simply be thrown out overnight — even the leaseholder must go through a Housing Court proceeding to remove them legally.
What's the difference between a roommate and a subtenant again? The dividing line is whether you still live there. If you live in the apartment and someone shares it with you, that person is a roommate (legally an "occupant"), and the Roommate Law applies — you don't need permission, but you must notify the landlord of their name within 30 days. If you move out and let someone else live there while you keep the lease, that person is a subtenant, and the stricter subletting rules apply instead: a written request to the landlord by certified mail at least 30 days ahead, a 30-day landlord response window (silence is deemed consent), and a requirement that the apartment remain your primary residence. Confusing the two is one of the most common ways tenants get into trouble.
Can I sublet my stabilized apartment indefinitely? No. Even though rent-stabilized tenants have a protected right to sublet, it isn't unlimited. Sublets are time-limited under the rules, and the apartment must remain your primary residence with a genuine intent to return — subletting is meant for a temporary absence, not a permanent handoff. Long-term absence can put the stabilized tenancy itself at risk, because the protections depend on the unit being your primary home. There are also money limits: you may not charge a subtenant more than the legal regulated rent, plus 10% only if the apartment is sublet fully furnished. Overcharging a subtenant is a serious violation that can jeopardize your lease.
Is renting my room on Airbnb the same as having a roommate? No — and confusing them is risky. A roommate is someone who lives with you as their home, protected by the Roommate Law. Short-term paying guests are a completely different legal category, governed by New York City's short-term rental rules (Local Law 18), which require the host to register, be present during stays shorter than 30 days, and cap the number of guests. Unregistered short-term rentals can bring significant fines. And in a rent-stabilized apartment, profiteering from short-term stays can endanger the tenancy itself — the same way overcharging a roommate or subtenant can. So renting a room on Airbnb doesn't fall under your roommate rights; it triggers a separate, stricter regulatory regime.
Weverit provides independent, tenant-side research from New York City public records. This article explains state law and regulations in general terms and is not legal advice; for a dispute about your specific situation, consult a housing attorney or a tenant legal services organization.
