Roommates / Roommate Agreement in New York
You have a right to a roommate. A roommate is someone other than a member of your immediate family. Your roommate also has rights. His or her spouse and her children who are not emancipated may live in your apartment.
Now since December 20, 2000 one who takes in a roommate must be extremely careful as to what the roommate will pay. A leaseholder in a rent stabilized or even unregulated apartment can be confronted with an eviction proceeding if the leaseholder will make any nature of profit off the roommate the landlord can bring an eviction proceeding. Therefore I suggest the following agreement between you and your roommate.
The terms are not in any way an exclusive list of what is to be in the agreement or what other terms you might reach. It illustrates that the issues of apartment sharing goes only to the rent and utilities which must be shared at a maximum of 50% sharing. Other than those factors the suggested sharing are independent to such sharing and if legitimate and paid, are in no way relevant to any issue that could be the business of the landlord.
Roommate Agreement
Dear _____________:
This is to confirm the terms of our agreement.
I have informed you that the rent on the subject apartment is _____________. Should that rent change I promise to inform you of the change.
You have agreed to pay me _____________ of the monthly rent.
In addition we have agreed that you will pay me 50% of any utility costs.
Exclusive of the above figures since you have requested I do the cooking you will pay me $______ for my services independent of roommate sharing.
Also, since you requested that I do the laundry you will pay me $________ for my services independent of roommate sharing.
Also, since you requested that I do the purchasing of food you will pay me $_________ for my services (and the cost of food ) independent of roommate sharing.
Also, since you requested to use my linens you will pay me $__________ independent of roommate sharing.
Also, since you requested the use of my television, VCR and DVD you will pay me $_____________ independent of roommate sharing.
Also, since you requested use of my computer you will pay me $_________ independent of roommate sharing.
If this letter sets forth the terms of the agreement which you have agreed to in consideration of you becoming my roommate for the duration of your stay in my apartment then please countersign this letter which is now executed with a duplicate original for your file.
Very truly yours, Leaseholder
Consented and Agreed
_________________ (Signature of [print name of roommate])
The above letter only concerns the financial arrangements which will keep you out of the clutches of a holdover proceeding.
How monies should be paid between the parties weekly or monthly is for the parties to decide. Payments between the parties should be by check or in cash receipts should be given and all records be kept so that the transactions can be examined if any dispute arises.
What I have stated above is for the situation where your first contact with the roommate is at the point that the person becomes a roommate.
If the person who comes to live with you is your close friend of thirty years' duration or is your significant other I do not see any reason for any formal arrangement and you may be more interested in taking steps to protect succession rights (read my article on succession).
Robert A. Katz
Counsel to Queens League of United Tenants
Now since December 20, 2000 one who takes in a roommate must be extremely careful as to what the roommate will pay. A leaseholder in a rent stabilized or even unregulated apartment can be confronted with an eviction proceeding if the leaseholder will make any nature of profit off the roommate the landlord can bring an eviction proceeding. Therefore I suggest the following agreement between you and your roommate.
The terms are not in any way an exclusive list of what is to be in the agreement or what other terms you might reach. It illustrates that the issues of apartment sharing goes only to the rent and utilities which must be shared at a maximum of 50% sharing. Other than those factors the suggested sharing are independent to such sharing and if legitimate and paid, are in no way relevant to any issue that could be the business of the landlord.
Roommate Agreement
Dear _____________:
This is to confirm the terms of our agreement.
I have informed you that the rent on the subject apartment is _____________. Should that rent change I promise to inform you of the change.
You have agreed to pay me _____________ of the monthly rent.
In addition we have agreed that you will pay me 50% of any utility costs.
Exclusive of the above figures since you have requested I do the cooking you will pay me $______ for my services independent of roommate sharing.
Also, since you requested that I do the laundry you will pay me $________ for my services independent of roommate sharing.
Also, since you requested that I do the purchasing of food you will pay me $_________ for my services (and the cost of food ) independent of roommate sharing.
Also, since you requested to use my linens you will pay me $__________ independent of roommate sharing.
Also, since you requested the use of my television, VCR and DVD you will pay me $_____________ independent of roommate sharing.
Also, since you requested use of my computer you will pay me $_________ independent of roommate sharing.
If this letter sets forth the terms of the agreement which you have agreed to in consideration of you becoming my roommate for the duration of your stay in my apartment then please countersign this letter which is now executed with a duplicate original for your file.
Very truly yours, Leaseholder
Consented and Agreed
_________________ (Signature of [print name of roommate])
The above letter only concerns the financial arrangements which will keep you out of the clutches of a holdover proceeding.
How monies should be paid between the parties weekly or monthly is for the parties to decide. Payments between the parties should be by check or in cash receipts should be given and all records be kept so that the transactions can be examined if any dispute arises.
What I have stated above is for the situation where your first contact with the roommate is at the point that the person becomes a roommate.
If the person who comes to live with you is your close friend of thirty years' duration or is your significant other I do not see any reason for any formal arrangement and you may be more interested in taking steps to protect succession rights (read my article on succession).
Robert A. Katz
Counsel to Queens League of United Tenants
posted by Robert A. Katz at 11:42 AM
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