Subletting without permission

[Na-Na]

I live in a multi-story apartment building with a very conscientious, responsible Super. I have been told by my management company that I am not allowed to sublet my apartment however I have heard that in NYC many people go ahead and do it anyway, without notifying the leasing company. I read something from this site explaining the long process of legally appealing and asking for permission to sublet, but I really think my management company would come up with "reasonable" cause to deny my request. So, here are my questions:
1) What would be "reasonable" cause to deny a sublet request when the lease explicitly states no subletting allowed?
2) What Could be the consequences to me if I were caught illegally subletting my apartment?
3) What if I told them the person was a friend (which it would be in reality) staying in my apartment while I'm away and the rent checks continue to come from me? Wouldn't this be akin to taking a roommate and therefore, legal, even if I'm away a lot of the time they're there? Is there anything that prevents me from allowing a friend to stay in my place for 1 to 2 months when I'm not there?

I'm just really worried that a) the super will notice and b) it will put him in a very uncomfortable position which I don't want to do.

I would appreciate your suggestions on this. Thanks so much.

[TenantNet]

Your Super has nothing to do with it other than report you to the management. You may think he's OK, but you need to assume he knows from where his paycheck comes.

Review the material on the site and in the Reference Section of the Forum on subletting. You have a right to sublet within the rules established by the RPL no matter what the LL says.

The problem is that they will deny, probably unreasonably, and take you to court when you are not here. You could be required to "cure" the subletting by moving back in. That's always been the problem. They will come up with almost any excuse.

And in any sublet situations, the rent checks would still be coming from you (if the LL is smart). A roommate situation is when you are still in occupancy. I suppose if you were gone a few weeks, that is a roommate situation. But if it drags on for months, that allows the LL to claim it's a sublet.

[Na-Na]

Thanks for this response. I actually had written my question after reviewing the pages on subletting on tenant.net -- is there another place I should also look for more details?

Based on what I read, it seems like although the tenant technically has the right to sublet, the procedure is set up in such a way that it doesn't matter that we "have the right" because the LL can and usually does refuse it anyway.

You mentioned that a consequence might be being forced to "cure" the sublet by moving back into the apartment -- could they evict or fine me also?

And, my concern about the super was that he WOULD report me because he's a nice guy but very honest. What about if I had someone staying here for up to 4 weeks at a time to pet-sit? Do you think that would require LL approval or I could just do it?

Thanks again. I'm a novice in these things, really appreciate the input.

[TenantNet]

A LL who claims the tenant is subletting illegally would have to issue a Notice to Cure, then a Termination Notice, then take you to Housing Court claiming a breach of the lease. A tenant can "cure" the breach before the court case or even afterwards if found against the tenant. Courts give a brief period afterwards before any Warrant of Eviction.

Yes the system is gamed towards the LLs.

Tenants always take a chance ... even in situations where I've seen tenants pay off the Super to not report them, sometimes they do. I've even seen LLs take tenants to court after they've given permission. There's no downside for the courts and the Housing Court judges -- mostly pro-landlord -- go along with it.

Pet-sitting is pet-sitting in your eyes, but the LL might see it as subletting. Another option is to have the pet-sitter not sleep there, just feed the pet and walk the dog, then go away. You might be able to do that for 4 weeks without consequence. There are professional pet-sitters that can do this.

[Landlord's Boy]

A LL who claims the tenant is subletting illegally would have to issue a Notice to Cure, then a Termination Notice, then take you to Housing Court claiming a breach of the lease. A tenant can "cure" the breach before the court case or even afterwards if found against the tenant. Courts give a brief period afterwards before any Warrant of Eviction.

You're talking about subletting a residential occupancy for business use. That defeats the purpose of residential Rent Stabilization. Even the other tenants in the building may object. This sort of thing can be shut down extra quick. Two thumbs down.

[TenantNet]

Where does the OP mention business use? I reread the thread and didn't see any mention of it.