Can a landlord restrict the tenant’s immediate family members from occupying the rental premises?

Full Question:

I shifted to New York two months back. At present, I live alone but my wife along with our three children will be relocating to our rented house this month. My landlord is not allowing my family to move in with me. I had informed the landlord well in advance that my family would move in with me once I find a house. Can a landlord restrict the tenant’s immediate family members from occupying the rental premises?
01/25/2017   |   Category: Landlord Tenant   |   State: New York   |   #30952

Answer:

In New York, a landlord is not permitted to restrict the occupancy of rental premises to a tenant or to tenant’s immediate family. In addition, any such restriction added in a lease or rental agreement may be unenforceable and held against public policy. The relevant statutory provision is stated below.

NY CLS Real P § 235-f  reads:
 
“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.”
 
Therefore, the landlord is not permitted to restrict your immediate family from occupying the rental premises.