Barrett Japaning, Inc. v. Bialobroda
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*475Regardless of whether or not the building is covered by the Multiple Dwelling Law, the so-called roommate law (Real Property Law § 235-f [3]) permits only one occupant in the subject apartment in addition to the lawful tenant and family. While this statute was not intended to provide a remedy for landlords (see Capital Holding Co. v Stavrolakes, 242 AD2d 240, 243 [1997], affd 92 NY2d 1009 [1998]), the landlord may enforce a lease clause where, as here, it is consistent with the statute (see Roxborough Apts. Corp. v Becker, 296 AD2d 358 [2002]). There was no evidence that Bialobroda and her…
2Cases cited3 opinions
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- Burke v. CrossonNew York Court of Appeals · 1995
- Roxborough Apartments Corp. v. BeckerAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
- Siegmund Strauss, Inc. v. East 149th Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Lenox Hill Hospital v. 305/72 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2011