N.Y. Real Property Law § 235-f: Unlawful restrictions on occupancy

§ 235-f. Unlawful restrictions on occupancy. 1. As used in this

section, the terms:

(a) "Tenant" means a person occupying or entitled to occupy a

residential rental premises who is either a party to the lease or rental

agreement for such premises or is a statutory tenant pursuant to the

emergency housing rent control law or the city rent and rehabilitation

law or article seven-c of the multiple dwelling law.

(b) "Occupant" means a person, other than a tenant or a member of a

tenant's immediate family, occupying a premises with the consent of the

tenant or tenants.

2. It shall be unlawful for a landlord to restrict occupancy of

residential premises, by express lease terms or otherwise, to a tenant

or tenants or to such tenants and immediate family. Any such restriction

in a lease or rental agreement entered into or renewed before or after

the effective date of this section shall be unenforceable as against

public policy.

3. Any lease or rental agreement for residential premises entered into

by one tenant shall be construed to permit occupancy by the tenant,

immediate family of the tenant, one additional occupant, and dependent

children of the occupant provided that the tenant or the tenant's spouse

occupies the premises as his primary residence.

4. Any lease or rental agreement for residential premises entered into

by two or more tenants shall be construed to permit occupancy by

tenants, immediate family of tenants, occupants and dependent children

of occupants; provided that the total number of tenants and occupants,

excluding occupants' dependent children, does not exceed the number of

tenants specified in the current lease or rental agreement, and that at

least one tenant or a tenants' spouse occupies the premises as his

primary residence.

5. The tenant shall inform the landlord of the name of any occupant

within thirty days following the commencement of occupancy by such

person or within thirty days following a request by the landlord.

6. No occupant nor occupant's dependent child shall, without express

written permission of the landlord, acquire any right to continued

occupancy in the event that the tenant vacates the premises or acquire

any other rights of tenancy; provided that nothing in this section shall

be construed to reduce or impair any right or remedy otherwise available

to any person residing in any housing accommodation on the effective

date of this section which accrued prior to such date.

7. Any provision of a lease or rental agreement purporting to waive a

provision of this section is null and void.

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.

9. Any person aggrieved by a violation of this section may maintain an

action in any court of competent jurisdiction for:

(a) an injunction to enjoin and restrain such unlawful practice;

(b) actual damages sustained as a result of such unlawful practice;

and

(c) court costs.