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Posted by Eric Gooden on June 26, 1996 at 17:00:39:

My roommate and I are currently subleting a rent stabilized apartment
in NYC and have been for the past 2 1/2 years. We are paying our
overtenant $1000/month. She pays her landlord $648/month. Originally
we agreed to the $1000 figure with her (because it's a huge 2 bedroom
and we would have payed much more elsewhere) and, although our signed
lease reads only $718, we still pay her $1000 a month. When our
original lease ran out in December, we agreed to go on a month-to-month
basis and continue to (legally or not) sublet the apartment.

I have heard that she can only legally charge us 10% over what she pays.
What's more, I have heard that she's only legally allowed to sublet the
place for two years out of every five.

I'm curious as to what my rights are to:
A) continue to reside in this apartment (should she tell us next month
that she wants to move back in next month)
B) take over the lease from her.
C) renew our sublet on a more formal basis than month-to-month

I'm not really interested in getting compensated for an overpayment of
rent--more interested in what my rights are as a subletter to keep living
in this apartment.

One footnote: the building has gone co-op and our overtenant choose not
to buy her apartment (probably because she's got a great deal going).
Needless to say, the management company is trying their best to kick
her out. She'd probably like to collect the extra $350 for as long
as she can.

Sorry for the long message. Any feedback is much appreciated.

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Comments:
: My roommate and I are currently subleting a rent stabilized apartment
: in NYC and have been for the past 2 1/2 years.  We are paying our 
: overtenant $1000/month.  She pays her landlord $648/month.  Originally 
: we agreed to the $1000 figure with her (because it's a huge 2 bedroom
: and we would have payed much more elsewhere) and, although our signed
: lease reads only $718, we still pay her $1000 a month.  When our
: original lease ran out in December, we agreed to go on a month-to-month
: basis and continue to (legally or not) sublet the apartment.

: I have heard that she can only legally charge us 10% over what she pays.
: What's more, I have heard that she's only legally allowed to sublet the
: place for two years out of every five.

: I'm curious as to what my rights are to:
: A) continue to reside in this apartment (should she tell us next month
: that she wants to move back in next month)
: B) take over the lease from her.
: C) renew our sublet on a more formal basis than month-to-month

: I'm not really interested in getting compensated for an overpayment of
: rent--more interested in what my rights are as a subletter to keep living
: in this apartment.

: One footnote: the building has gone co-op and our overtenant choose not
: to buy her apartment (probably because she's got a great deal going).
: Needless to say, the management company is trying their best to kick
: her out.  She'd probably like to collect the extra $350 for as long
: as she can.

: Sorry for the long message.  Any feedback is much appreciated.


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