Ask Altagracia: My landlord says there are too many people in my apartment. What are the rules about occupancy?
- The law allows you to live with with family members and a roommate in your rental
- It is illegal to be asked for more money for rent or utilities based on occupancy
“The number of people does not make a nuisance, it's behavior that’s a nuisance,” Pierre-Outerbridge said.
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My mother and sister live with me but the landlord says there are too many people in my apartment and wants more rent. Can my mother and other family members stay with me? What are the rules about occupancy?
Under the law, you are entitled to have both a roommate and any family members living with you. This would not affect your monthly rent. “Grandparents, parents, kids, whether there are 10 or 20, they can live with you,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
Overcrowding is a different issue and there is a city ordinance stating that each occupant needs a livable area of not less than 80 square feet. However, Pierre-Outerbridge said landlords rarely, if ever, take action on overcrowding.
If the landlord is asking for more money for water or other utilities based on occupancy, that is illegal.
What the law says about occupancy
The law on occupancy is outlined in Real Property Law section 235-F. “Not only can you share your apartment with your immediate family, you can also share with a roommate,” Pierre-Outerbridge said. This means you can technically share with family members, your roommate, and your roommate’s family members.
It’s possible your neighbors have alerted the landlord to the number of people in your apartment and claimed it is a nuisance, however this is a separate issue. “The number of people does not make a nuisance, it's behavior that’s a nuisance,” Pierre-Outerbridge said.
What to do if the landlord harasses you
In most cases, if you are being accused of having too many people in your place, you can simply ignore the landlord. If the accusations rise to the level of harassment, the landlord risks court action. “If the landlord is regularly knocking on your door or refusing to make repairs, that could constitute tenant harassment,” Pierre-Outerbridge said.
To fight harassment, you would file what’s known as a Housing Part or HP proceeding in housing court. This involves gathering evidence of the landlord’s behavior, sending a written complaint to your landlord, and filing a petition in housing court.
“If successful you will receive an order against the harassment, which would be your defense if your landlord seeks your eviction,” Pierre-Outerbridge said. There are also protections against retaliatory eviction for up to a year after a complaint is made.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
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