TenantNet Forum

Where tenants can seek help and help others



sublet question, should i call management?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

Moderator: TenantNet

sublet question, should i call management?

Postby stabilvillage » Wed Aug 02, 2017 7:40 pm

Hi,
I've been in a stabilized apartment for 10 years and am trying to attend grad school and legally sublet for two years. I followed all the rules listed (letter of intent, proposed tenant info, notarized sublease agreement, etc) and sent everything to my management co. three weeks ago. I've not received any response. It was sent certified mail so I know it arrived there about 17 days ago. Should I call them and get an update or leave it alone? I know if they don't respond in 30 days that it means "consent" but I'm nervous about not getting actual consent. It will be very difficult for me to return to NYC for court dates if they ignore my request and then try to evict me.

Should I call?
stabilvillage
 
Posts: 4
Joined: Wed Aug 02, 2017 6:56 pm

Re: sublet question, should i call management?

Postby TenantNet » Wed Aug 02, 2017 8:06 pm

You can call them, but in my opinion, they will most likely blow you off. That's what LLs often do on sublet requests, or they will send you a 40-page questionnaire that is unduly burdensome, and probably illegal. This behavior is to try to get RS tenants out.

The shorter the sublet period the better if you decide to just go ahead and do it. The law does allow this, i.e., unreasonable, but the reality is the LL would take you to court when you're away.

Many many many years ago I was going to be away for the summer, i.e., three months. I found a person, wrote up a sublease acceptable to both of us and contacted the LL. They gave me a 40-page document to fill out. I told them I changed my mind and went ahead and just did it. I knew I would be only 100 miles away, so if I needed, I could handle it. Turns out they didn't know and nothing happened. Of course one can't depend on a similar outcome. That's just my story.

In smaller buildings I know tenants often just go ahead and do it or make a deal with the super so the LL won't know.

You have other options, including just leaving the place empty and not subletting. Of course that makes no sense, and could make you vulnerable to a claim of non-primary residence. That's another situation full of pitfalls.

I can't tell you to call, or not to call.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: sublet question, should i call management?

Postby stabilvillage » Wed Aug 02, 2017 8:28 pm

Thank you so much for responding. I almost regret even trying to do this legally. I did so because I wanted to protect my subtenant from being at risk and myself from losing my apartment. I probably should have bribed the super and just taken my chances. I feel like I'm in the right, according to the law. But I suspect I'm going to end up in court anyway and out a lot of money for an attorney. I don't understand how landlords can get away with willfully ignoring a properly executed request and subsequently drag a tenant into court. But, it is what it is. Thanks again for taking the time to answer my question.
stabilvillage
 
Posts: 4
Joined: Wed Aug 02, 2017 6:56 pm

Re: sublet question, should i call management?

Postby TenantNet » Wed Aug 02, 2017 8:41 pm

They get away with it because the Democratic politicians let them. If it were only 3 months - as in my experience - you could probably get away with it without repercussions. But 2 years is really putting yourself at risk. I think there is case law allowing one to be away at a legitimate school in a degree-granting program without putting yourself at risk for a claim of non-primary residence. But you should check with a tenant attorney for that. And, of course, you would be paying rent on an empty unit for 2 years.

One other thing, if you do sublet, we recommend you be 100% honest with the sublet tenant. Do not charge them more than you are allowed. Usually that's detailed in the yearly RGB order.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: sublet question, should i call management?

Postby stabilvillage » Wed Aug 02, 2017 8:58 pm

My sub-tenant would be paying the same rent I pay. I showed her my lease (we attached a copy of it to the proposed sublease we sent in) and she knows what the real rent is. I was actually kind of excited for someone else to get to enjoy an affordable apartment for a couple of years. My subtenant (who I know through my sister) actually cried when I offered to sublet to her. She commutes 90 minutes each way in and out of the city for work. This is why the whole thing is so disheartening. I'm following the rules precisely, I'm definitely not profiteering, and it seems like that should protect me. If I were only gone a few months, I would definitely leave the place empty and pay. But doing so for two years is beyond what I can afford.

One more question (if you have the time): Do I end up on the tenant black list if they take me to court??
stabilvillage
 
Posts: 4
Joined: Wed Aug 02, 2017 6:56 pm

Re: sublet question, should i call management?

Postby TenantNet » Thu Aug 03, 2017 1:36 am

Pay attention to the rules in the DHCR Fact Sheet on sublets: http://www.nyshcr.org/Rent/FactSheets/orafac7.pdf

The owner may charge the prime tenant the sublet allowance in effect at the start of the lease, if the lease is a renewal lease. The allowance is established by the New York City Rent Guidelines Board Order. The prime tenant may pass this sublet allowance along to the subtenant.


This year - and I think most years, the allowance is another ten percent. Of course if the owner doesn't charge it, then I believe it would be waived.

Back to your question whether to call. If the LL doesn't respond to your application, then he's waived the right to object. Could be he's just disorganized. I would not prod him. He's had notice.

As for the blacklist, if they take you to court, chances are yes, you would be on it. BTW, the blacklist is really just the court's record that you were taken to court. I know there have been efforts to require information to be included on the blacklist if the LL drops the case or loses, but I don't know if that's required at this time or not.

The one way around the blacklist is to pre-empt the LL and for the tenant to file a case first in NYS Supreme Court, usually asking the court to rule on the issue. Such a case is not reported on the blacklist. You should consult with a tenant attorney if that's a road you wish to follow, and it might get expensive. But it might prevent problems while you are away. I know tenant attorney James Fishman (an advertiser on this site) has done that several times.

Because I presume your time is tight on this, it might be worth getting a consultation from a tenant attorney (and not just relay on us).

Another strategy - assuming the LL doesn't respond to your request - is to have an attorney ready to go if the LL starts a case.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: sublet question, should i call management?

Postby 10ants » Sat Aug 05, 2017 3:13 pm

According to the fact sheet, if you wait another week or two without hearing from the landlord, you should be allowed to do it by default:

Within ten days after the mailing of the request, the owner may ask the tenant for additional information.

Within 30 days after the mailing of the tenant’s request to sublet, or of the additional information reasonably asked for by the owner (whichever is later), the owner must send a reply to the tenant consenting to the sublet or indicating the reasons for denial. Failure of the owner to reply to the tenant’s request within the required 30 days will be considered consent.

If the owner consents, or does not reply to the request within the appropriate 30 day period, the apartment may be sublet. However, the prime tenant remains liable for all obligations under the lease.
10ants
 
Posts: 141
Joined: Wed Jul 29, 2009 11:44 pm

Re: sublet question, should i call management?

Postby TenantNet » Sat Aug 05, 2017 3:44 pm

I think he's read the Fact Sheet. His first post said he followed all the rules.

Problem is that even with the default, LLs just go ahead and take tenants to court, and of course that is when they are out-of-town. This intimidates the tenants and also the person(s) subletting. Depending on how far away they are, they have to either come back to defend the court case, or hire an attorney.

So going by the Fact Sheet, in cases like this, is meaningless.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: sublet question, should i call management?

Postby stabilvillage » Sun Aug 06, 2017 11:35 am

Yes, my concern is them waiting until they know I've moved and then bringing a case against me. It will scare my subtenant and be costly for me. If I don't get a response within 30 days, I will proceed, but in the meantime I'm gathering all the information I might need should there be an issue. I'm getting documents from my school, documents from my sublet's employer proving sufficient income, her credit report, references and whatever else they should be asking for. At minimum I'll have supporting evidence of my legitimate reason for subletting and my subletee's viability as a sub tenant.

Thanks for all the insight. This has been so stressful and I really appreciate the feedback.
stabilvillage
 
Posts: 4
Joined: Wed Aug 02, 2017 6:56 pm


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 41 guests