How do I get assigned?

[ayisyenn]

I am illegally subletting a rent stabilized apartment from a friend who fell on hard times after getting laid off. Though she has left some things in the apartment and comes from time to time to get things, I mainly stay in it. Due to financial difficulties, she plans on staying permanently with family now and I want to be assigned the lease. I have run into the LL several times, and in the beginning he suspiciously asked me questions about my friend and even asked me to tell her to call him. After several unsuccessful attempts (and even running into him once herself without either saying a word), she has stopped trying to reach him (it has been several months). Does anyone have any advice about how to approach the process of being assigned a lease. Is there anywhere online I can look for form letters or any orgs. in the city that can help me. I have great credit, so that is not an issue. I just want to keep the apartment and don't want the rent to be raised too much more than what my friend pays. Since her lease is up 5/31/03, I would like to know before then my status. I would ask for the lease to be in my name starting 4/1, but I don't know if there would be any incentive with it so close to the lease end date. But I wouldn't want to do it before then so that if I am denied I could find a place. Help!

[consigliere]

The landlord doesn't have to consent to an assignment of the lease.
 
By early March, the landlord would have to send the tenant a notice about not renewing the lease, because the tenant is not using the apartment as her primary residence.
 
Or the landlord could try to terminate the tenancy because of the illegal subletting.
 
You could talk to the landlord about taking over the apartment, but there would be a minimum rent increase of 18% for a one-year vacancy lease.
 

[MikeW]

Search for older threads on the topic of illusory tenancy.