[Allsta2003]

Hello, this question is going to be a little bit extensive but I would really appreciate any advice from all those real estate law professionals out there. Thank you in advance.

I rent a bedroom in condo in a 3 story building in NYC. My bedroom is in the basement (cellar?) and the landlord who owns the condo lives upstairs. When I moved in, I signed a 12month lease where I am described as a tenant on the lease. The landlord also has another bedroom that is rented out to another tenant in the basement as well. My lease gives me access to all public areas (bathrooms, kitchen, living room) and includes utilities as a flat rate. Nowhere in my lease is there any mention of restrictions on overnight guests. My girlfriend, who lives out of state, has visited me twice over the last 9 months and has stayed with me approximately 2 weeks both times. The landlord never made any indication it was a problem. Presently, my girlfriend made plans to visit myself and her family (who lives Upstate NY) and she will be staying with me approximately 15 days. I informed my landlord of this and at first he said it was OK. A few days later, the other occupant of the 2nd rented room expressed dissatisfaction and my landlord then told me my girlfriend couldn't stay for longer than 5 nights. I did not think this was legal for my landlord to restrict my visitors since I am a legal occupant of this apartment and I quoted NY Code - Section 235-F: Unlawful Restrictions on Occupancy. My landlord was not happy to say the least. He proclaimed that I am not a tenant and I am in fact a "boarder" and that I have no rights in his house. He made some vicious comments for threatening him and demanded a significant amount of money to cover the utilities that would be used by the 4th roommate (my girlfriend).

Is this true? What constitutes a lodger vs. a tenant vs. a boarder? In NY state, do the rights vary between each? What are my rights in this instance and is it even legal for him to demand more money? Thanks for your help.

[joypulv]

' A boarder, roomer or lodger is a person who pays a consideration for living within the household and does not occupy such space as an incident of employment.' - NYC Rent Guidelines Board.

As one NYC lawyer put it, roommate law is hell. Strictly speaking your lease should have stipulated how many guests can stay overnight and for how long. But it is reasonable to limit you, and your guest really is staying too much, especially when there are shared bathrooms, noises in the night, people draped on couches, etc. In some respects your girlfriend could be considered a trespasser in the owner's home, OR your landlord could enforce a little known law on the books that restricts a rental from having more than 3 unrelated people. It does get used on occasion, however, and could be used on you.
I know that NYC courts are extra tenant friendly. If this goes to court, I don't know how it would go. You certainly don't have to pay extra utilities. Doesn't mean I don't think you are abusing your tenancy. I don't think you are fair to your roommate down in the basement.
Your lease ends in 3 months? You can count on it not being renewed and you will have to leave. As a boarder, you have no rights to stay after that.