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Posted by New York Tenant on May 30, 2001 at 09:52:34:

In Reply to: Can a landlord increase my rent by 10% bc of a subletter? posted by Keyser Soze on May 28, 2001 at 23:05:17:

The 10% surcharge for subletting has nothing to do with DHCR's recent revisions to the Rent Stabilization Code.

The Rent Guidelines Board (RGB) has allowed a subletting surcharge in its last few guidelines, including the current guidelines (just search for the keyword "sublet").

RGB Apartment and Loft Order #32:

http://tenant.net/Rent_Laws/RGBOrders/rgb32.html

Furthermore, you, as a tenant, have always been allowed to charge an additional 10% for subletting a fully furnished apartment.

Therefore, if you're subletting a fully furnished apartment, you could charge the subtenant 120% of your current rent and pay 110% of your current rent to the landlord during the term of the sublet.

:
: My landlord is claiming that the new revisions to the Rent Stabilization Code "entitle" him to a 10% increase on my monthly rental payment for the period of my summer sublease. He told me this three weeks after I had already agreed to terms with the new subletter and gained his approval. It came as a shock to both my and my subletter and now we are trying to figure out how to renegotiate our sublet contract.

: I've looked online and found 2525.6(c) of the new DHCR Rent Stabilization Code, which provides that the landlord can increase the rent upon acceptance of a sublease according to the "vacancy allowance" provided for in 2522.8 of the Code but cannot make heads or tails of how to compute the correct "vacancy allowance." I would appreciate anyone's advice on this matter greatly! You can also email me.

• RGB Apartment and Loft Order #32

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Comments:
: The 10% surcharge for subletting has nothing to do with DHCR's recent revisions to the Rent Stabilization Code.  

: The Rent Guidelines Board (RGB) has allowed a subletting surcharge in its last few guidelines, including the current guidelines (just search for the keyword "sublet").  

: RGB Apartment and Loft Order #32:  

: http://tenant.net/Rent_Laws/RGBOrders/rgb32.html 

: Furthermore, you, as a tenant, have always been allowed to charge an additional 10% for subletting a fully furnished apartment.  

: Therefore, if you're subletting a fully furnished apartment, you could charge the subtenant 120% of your current rent and pay 110% of your current rent to the landlord during the term of the sublet.  

: :
: : My landlord is claiming that the new revisions to the Rent Stabilization Code "entitle" him to a 10% increase on my monthly rental payment for the period of my summer sublease.  He told me this three weeks after I had already agreed to terms with the new subletter and gained his approval.  It came as a shock to both my and my subletter and now we are trying to figure out how to renegotiate our sublet contract.  

: : I've looked online and found 2525.6(c) of the new DHCR Rent Stabilization Code, which  provides that the landlord can increase the rent upon acceptance of a sublease according to the "vacancy allowance" provided for in 2522.8 of the Code but cannot make heads or tails of how to compute the correct "vacancy allowance."  I would appreciate anyone's advice on this matter greatly!  You can also email me.


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