Does 10% surcharge law apply?

[johnphilp]

Hi. I’m new to the board. Apologies if this topic has been covered.

I live in a former Mitchell-Lama building now under it’s own unique agreement. We want to sublet. Our lease specifically states that we are not a ‘rent stabilized’ or ‘rent controlled’ building. Does the 10 percent surcharge law pertain to all leases in NYC, or can we sublet for an amount we see fit?

Any help is appreciated.

[consigliere]

The 10% sublet surcharge applies only to rent stabilized apartments under the current order of the New York City Rent Guidelines Board.

Under New York law, a landlord can't unreasonably refuse to consent to a sublet, so you should be able to charge whatever the market will bear.

This does not apply to co-ops, but it appears that Waterside was converted from a Mitchell-Lama rental to a private rental.

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