It's Illegal to Have Two Roommates

Based on different aspects of the New York City’s Housing Maintenance Code, three or more unrelated people living in an apartment or house is breaking the law.

Based on the Census Bureau’s 2008 American Community Survey, almost 15,000 New York City homes have at least three roommates unrelated to the head of the house and this number is underreported.

The intent of this law is to protect the health and safety of residents. Making alterations in the dwelling, such as partitions and locks on interior doors violates this code according to Eric Bederman, a spokesperson of the Department of Housing Preservation and Development. Such alterations become an obstruction of egress, which can be a safety and fire hazard. 

“It may be an ‘economical’ way to live but it’s not a safe way to live especially if your access to a fire escape or door may be blocked because of a lock or partition,” stated Bederman.

Many New Yorkers are unaware of this code and are utterly shocked.

“I actually haven’t heard that at all,” replied Angela Massamary, 23. “The rents are so high that people ask for roommates. That's what a lot of people do here.” Massamary lives in a house in Floral Park, Long Island with three male roommates.

Group homes and dorms are exceptions to this code but many college students choose to live off-campus because of the expensive dorm prices.

“The dorms at FIT are so expensive!” exclaimed Imkyung Lee, a student from FIT and who lives off-campus in midtown. “I’m trying to save my money because I’m desperate.”

On Craigslist, one 34-year-old female, Dawn Gubemy posted a page titled “$600 2 Large Rooms searching For 2 friendly Roomies (Bx).” She lives in Co-op City, Bronx in an apartment with three bedrooms, one of which was converted from a living room.

“I haven’t heard about that [the code] but if we [her future roommate and herself] make any agreement, it would be a handshake,” said Gubemy.

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Many New Yorkers are unaware of this code since it is difficult for HPD inspectors to notice the violations.

The tenants call 311 and HPD sends an inspector to the apartment or house. Inspectors cannot walk into a building due to suspicion.

“Something like this [code] is, I would be extremely hard to, in some cases observe and then prove,” stated Bederman.

There have been cases when people did not know they were living in an illegally partitioned room and when they called maintenance for an inspector, the inspector writes up a violation, only if the inspector can identify the violation. Sometimes the violation is difficult to detect.

HPD can only write up violations but cannot prosecute or arrest tenants.

According to Bederman, if the obstruction of egress becomes a direct hazard, HPD has the authority to tell the tenants to vacate their dwelling and directs the owner to restore it to its proper use.

Frank P. Grad, a professor of Columbia Law School was responsible for drafting this code.

Professor Frank P. Grad and Columbia Law School did not respond.

“There was a study done by Columbia [School of Law] at 30+ years ago to create the housing maintenance code,” replied Louise Seeley, the Assistant Director Housing Court.

The Legislative Drafting Research Fund of Columbia University, led by Grad wrote a preliminary report called “Legal Remedies in Housing Code Enforcement in NYC.” It was prepared for housing maintenance and standard enforcement studies.

Bederman describes where the housing chain needs to be linked.

“The Housing Maintenance Code is primarily something that directs landlords and building owners and what they’re responsible to do for their tenants.”