Reasons why LL can deny request to sublet?

[fnbdave]

The prime tenant of a rent regulated apartment wants to sublet his apartment to me because he travels alot. If he asks the rental company to allow him to sublet can they legally refuse? What are some reasons they can use?

[fnbdave]

Yes, LL has given the prime tenant (my roommate) a notice to cure to get me out because the prime tenant travels alot and doesnt spend much time in the apartment. If the prime tenant can sublease to me whill this make everything ok?

[Lilly]

The prime tenant doesn't have to sublease to you; it sounds like you are the prime tenants' "Roommate". The LL can commence a non-primary residency proceeding against the prime tenant, but as long as he/she uses that apt as his/her primary residence the LL probably won't prevail, especially if the prime tenant has no other house/apartment, and spends his/her time away in hotel rooms. The important issue here seems to be that the prime tenant is away for work purposes only.

[consigliere]

fnbdave asked:

Yes, LL has given the prime tenant (my roommate) a notice to cure to get me out because the prime tenant travels alot and doesnt spend much time in the apartment. If the prime tenant can sublease to me whill this make everything ok?

If the landlord believes that the tenant isn't using the apartment as his primary residence, he can refuse to renew the lease. He can't terminate the lease.

However, non-primary residence is generally not curable.

Your landlord seems to be confused, and the tenant -- and you -- should consult an attorney experienced with the rent stabilization laws and regulations.
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[fnbdave]

We're under the impression someone is feeding the LL misinformation by telling them the prime tenant does not live in the apartment anymore.

How does the LL prove that the prime tenant does not live there anymore?

It is true the prime tenant owns a house in upstate New York but that is used as a summer home. The prime tenant still works for a business in NYC and travels often for his business, thus not being around a lot.