LL asking intrusive questions and attaching riders on LR

[SlopeGuy]

My Lease Renewal contains riders I've never signed before. One is a blanket RS lease rider, I've always read (esp. here) never to sign any sort of rider given in LR paperwork.

LL is also asking me to officially declare who my roommate(s) are, and I've never done that before. Is that necessary, if you are the sole person on your lease? The language they used seems to make it sound like the LL can either approve or deny you to even HAVE roommates whatsoever in the apt.

What exactly are the rules with AirBnB and RS apts when the leaseholder lives in the unit?

[TenantNet]

First, make sure the rider you've received is the DHCR lease rider - see http://www.nyshcr.org/forms/rent/ralr1.pdf

If so, that is required to be attached to all vacancy and renewal leases. While there is a place on page 3 for the tenant to sign and return to the LL, we recommend that tenants do NOT do that. DHCR has confirmed to us that it's not required.

As for other riders, do not accept or acknowledge them. Lease renewals must be on the same terms and conditions as the expiring lease.

For roommates (this is not necessarily part of the renewal process and can be asked at any time), the LL does have the right to ask - and tenants must tell - the name of any roommates who are not on the lease. LLs can't withhold a lease renewal based on a tenant's failure to respond - but be aware, if they have specific information, they might take you to court.

Beyond the name of the person(s), the LL has no right to any additional information, including the nature of the relationship or any financial information on the roommate, or even how much the roommate pays to the tenant. (But remember you can't charge a roommate more than 50% of the rent.)

If you have no roommates, you can ignore the request, or tell the LL you live alone, your choice.

It is the tenants choice whether or not they have roommates and who they are. There are limits on the number of roommates, but not if you have them or who they are.

As for AirBnB, that is a complex issue. The AirBnB operation in general is a security risk for the entire building and annoys many neighbors. Tenants do not enjoy having a hotel being operated next door to them.

As for the legality, you can't rent for less than 30 days unless you are also present in the unit at the same time. So you can't rent out the entire apartment (with you sleeping somewhere else). Renting a room is permitted, but ONLY if you are present.

As for telling the LL that you are renting with an AirBnB operation, that's probably an invitation to court. I would consult with a tenant attorney who has deal with this before.

[BubbaJoe123]

What exactly are the rules with AirBnB and RS apts when the leaseholder lives in the unit?

In terms of general NYC law, so long as you still live in the apartment, you can have short-term roommates (i.e. <30 days). Renting out the whole apartment for <30 days is against the law.

In terms of Rent Stabilization, I think a reasonable argument can be made that you can only charge ANY roommate (including AirBnB folks) 50% of the rent. So, if your rent is $1200/month ($40/day), you can only charge them $20/night. To charge more would be profiteering, which, unless I'm mistaken (and tenant.net will certainly correct me if I am), constitutes non-curable grounds for eviction.

A roommate is fine. AirBnB puts you on very shaky ground.

[TenantNet]

A note on Bubba's reply... It's NYS law, not NYC.

"as you still live in the apartment" can mean different things to different people. The law says you must be present in the unit when there are short-term guests. That means you must sleep there the nights the guests are there. You can't go sleep somewhere else. And in effect that means you can't rent the entire apartment to AirBnB guests; they can rent rooms to sleep in (less your bedroom).

There are cases being decided every day on tenants who try to game the system, so it's an evolving set of case law. Some tenants have been evicted, so I would be very careful on what you do and how you do it.

I don't know if Bubba's second point has ever been applied to an AirBnB situation, but it would be interesting to see. Some of the AirBnB rates surely pay above the legal rent.

Our view is that RC and RS are for the benefit of long-term tenants and to make NYC an affordable - and stable - place to live. AirBnB seems to undermine that. Above all, tenants should not be profiteering a RS apartment.

[TenantNet]

New article we posted on AirBnB in the forum's reference section (follow-ups are posted here, not in the reference section)
viewtopic.php?f=15&t=12104