lease succession rights

[hsojrd]

I live in a rent stabilized apt that I want to sublet to my brother. I understand that I can sublet for, at the most, 2 years out of every 5-6 (?or something like that). If, for some reason, we do not return to the apt after 2 years, and my brother has continuously lived there for that time, does he fall under the lease succession laws for stabilized apts. The wording in the law is that the successor "lived with" the primary lease holder for 2 years. Does subletting constitute "living with?" Any and all thoughts would be helpful.

[eastsidah]

No. He has to live with you while you occupy the apartment.

[NYHawk]

ditto

[Cranky Tenant]

Agreed. The basic idea is to allow family members, who lived together as a family, to continue living in the apartment after the leaseholder leaves or dies.

It's not intended for one person to pass it on to relatives who never lived in the apartment with the leaseholder.