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Posted by TenantNet on March 14, 1997 at 14:36:43:

In Reply to: Rent Control Subletting posted by Scott on March 14, 1997 at 14:02:44:

: My friend lives in a rent control walk up building on the Upper East Side.
: She is subletting her apartment (while she lives there also) illegally to
: someone else. Legally, what could happen to her for doing this? Can she
: lose the apartment if she gets caught?

Yes, although it can be a cumbersome process. The right to sublet is
embodied in Real Property Law section 226-b (available on TenantNet)
which gives tenants the right to sublet "if they have a lease."
Most Rent Control tenants no longer have a lease, so they do not
have the right to sublet. On the other hand, if she were rent
stabilized, she would have such a right. Of course, if the landlord
agrees to a sublet, that's a different matter.

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Comments:
: : My friend lives in a rent control walk up building on the Upper East Side.
: : She is subletting her apartment (while she lives there also) illegally to 
: : someone else.  Legally, what could happen to her for doing this?  Can she 
: : lose the apartment if she gets caught?

: Yes, although it can be a cumbersome process. The right to sublet is
: embodied in Real Property Law section 226-b (available on TenantNet)
: which gives tenants the right to sublet "if they have a lease."
: Most Rent Control tenants no longer have a lease, so they do not
: have the right to sublet. On the other hand, if she were rent
: stabilized, she would have such a right. Of course, if the landlord
: agrees to a sublet, that's a different matter.


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