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$50 for credit check for legal sublet

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$50 for credit check for legal sublet

Postby goldbourbon » Tue Aug 27, 2002 10:15 pm

I live in a rent stabilized apartment and I will be legally subletting to a friend for 2 years while I am out of the country for business. I am doing everything in proper order, giving the landlord one month's notice and a request for sublet for the friend via a certified letter. The landlord has requested a rental application be filled out for my friend as well as requesting a $75 credit check fee, can he legally do this? And if not, where on the DHCR website does it say this?
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Re: $50 for credit check for legal sublet

Postby TenantNet » Wed Aug 28, 2002 12:55 pm

That's wrong. A credit application fee would violate the RSL and be an overcharge. Nor dodes the RPL 226(b) provide for this. Landlords may not "unreasonably" deny a sublet, but that of course is subject to differing interpretations. One possible reason that might be justified is whether the proposed sublettor has financial means. But there is no provision to pass on the fee for a credit check. There are increases allowed, but not a credit application fee.
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Re: $50 for credit check for legal sublet

Postby Cranky Tenant » Thu Aug 29, 2002 3:44 am

Another point... if the tenant is still responsible for paying the rent, then why should the sub tenant have to undergo a credit check?
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