Q: My partner and I dwell in a rent-stabilized one-bedroom house in Manhattan. We’re each on the lease. Our good buddies are shifting away from the town, and their college-age son will likely be staying in our house as a house base throughout college breaks. Our landlord not too long ago put in a safety digital camera within the foyer, which we name the spy cam. The owner has requested neighbors about their visitors after they have been caught on digital camera. I do know we are going to get requested about our buddies’ son. What are our rights? Do I have to reply the owner’s questions? Are there limitations on how lengthy somebody can stick with us?
A: As a rent-stabilized tenant, you may have visitors for non permanent intervals. However your landlord will seemingly have questions.
“There isn’t any motive for the tenants to not inform the owner that the college-age son of shut buddies will likely be staying as their visitor throughout a lot of his college breaks,” mentioned Arlene F. Boop, a lawyer who represents tenants.
In your scenario, the place you and your partner are each on the lease and are each dwelling there, state legislation signifies that you simply can’t tackle one other “roommate,” although there’s some ambiguity right here. Normally, the distinction between a visitor and a roommate or subtenant is {that a} visitor isn’t shifting in furnishings and doesn’t pay lease.
Usually, visitors should keep for lower than 30 days at a time, however there isn’t any rule prohibiting the variety of occasions a visitor can keep in anybody 12 months, Ms. Boop mentioned. Landlords, typically on alert for violations, can ask about any occupants sharing the unit, and the questions should be answered inside 30 days, she mentioned. (Additionally, the digital camera is authorized, so long as it isn’t pointed into anybody’s house.)
“A landlord could also be involved about relations who would possibly then set up a declare of succession if the tenants of report moved or of an unpermitted subtenant,” she mentioned. “And a landlord who sees somebody new coming and going right into a unit wouldn’t know that particular person’s scenario.”
Nevertheless, your landlord in all probability doesn’t wish to spend the money and time pursuing authorized motion on this scenario, “through which the tenant is merely having an everyday visitor stick with them,” mentioned Steven Ben Gordon, a lawyer who represents tenants.
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