People who rent a residential dwelling usually expect to have limitations on what they can do. Many accept that they can’t make holes in the walls or be incredibly loud. Other limits might also be present.
One question that tenants and landlords have a lot is whether the landlord can limit the occupancy in the dwelling. New York law has a hodge-podge of laws regarding these situations, so it’s best to find out how the law applies to a specific situation.
Occupancy type matters
Many of the laws for rentals in New York are based on a dwelling being the primary residence of the occupant. For example, it states that you can have an additional occupant in a dwelling as long as it’s your primary residence. This effectively prevents a landlord from enacting a ban on overnight guests unless the dwelling is something other than a primary residence.
Rent and terms also matter
One limit that’s present in the Multiple Dwelling Law is that rentals less than 30 days are prohibited unless the occupant of the dwelling is present. This means that a tenant can’t rent the property as an Airbnb if they’re going out of town for a few weeks. But, they would be allowed to have a friend remain in the home while they’re gone as long as the home is their primary residence.
Making sure that you’re in compliance with New York laws is critical when you’re a landlord. Having a tenant take legal action against you can be costly and time-consuming. Working with someone familiar with these laws can help you to avoid issues.
