Legal Question in Landlord & Tenant Law in New York

Can my BF live with me until I move out?

I recently got in a gay relationship with a guy. My landlady asked me to get out of my room in 5 days when I asked if he can move in with me. She let one of my male roommates have his girlfriend move in with him. She says that she's catholic and I have to be catholic when living in her house and can't have a gay relationship. Everyone else living in the house is catholic except me and my bf. We have no lease but I have paid rent on time every month. We had a party last night for my boyfriend's birthday. My landlady and her husband broke into my room and started being physical to us threatening me and my bf and our guests to get out immediately. We refused because the party was going on inside my room. She called cops on us and cops told everyone to leave (including my boyfriend) except me and threatened to arrest me for having a lot of people in my room and having music on at 8:30 pm on Saturday night. Now she's threatening me to press legal charges on me for throwing a party without her permission. She claims that the common space was also being used by my guests, however my guest only used it to enter my room, there was no other way to enter my room. I need some time to move out.


Asked on 1/12/09, 8:37 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Can my BF live with me until I move out?

If this is house is zoned 1 family, by having multiple individuals living under one roof is illegal. Your landlady cannot enforce an illegal agreement (demand rent) although she can commence an eviction proceeding.

If the house is legal, your landlady cannot discriminate against you on the basis of sexual orientation. Therefore, legally, you may have your boyfriend stay with you. However, to keep the peace, you may want to go to his place.

Mike.

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Answered on 1/13/09, 8:05 am


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