Posted by New York Tenant on June 10, 2001 at 13:52:22:
In Reply to: vacancy (sublet) allowance question- is landlord trying to rip me off? posted by andrew on June 08, 2001 at 10:27:13:
I think everybody whos has posted answers has missed the point.
A call to the Rent Guidelines Board (RGB) at 212-385-2934 will probably provide the correct answer.
I believe that the subletting surcharge that applies is based on the RGB order in effect at the time of the subletting -- not the order in effect when the current lease was signed. In this case, that would be a 10% surcharge under Apartment and Loft Order #32 (http://tenant.net/Rent_Laws/RGBOrders/rgb32.html):
"ADDITIONAL ADJUSTMENT FOR RENT STABILIZED APARTMENTS SUBLET UNDER SECTION 2525.6 OF THE RENT STABILIZATION CODE
In the event of a sublease governed by subdivision (e) of section 2525.6 of the Rent Stabilization Code, the allowance authorized by such subdivision shall be 10%."
The surcharge is also 10% under proposed apartment and loft guideline #33 (http://www.housingnyc.com/guidelines/pguidelines.html).
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