Rules on subletting 130% AMI apartments? (Albany: sales, sublets, rentals)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Does the ability to sublet 130 AMI apartments vary by building?
My lease for my current 130% AMI lottery unit says I am allowed to sublet, as long as I don't do so at a profit.
I just won the lottery for another 130% AMI unit. I'd love to move into this new place, but they said subletting is prohibited (which is important to me since I travel a lot for my job). Is this legal? Are buildings allowed to make their own rules for subletting 130% AMI units or is there a sweeping law by HPD that covers all 130% lottery units (e.g., can sublet as long as you don't profit from it)?
This being said any terms regarding subleasing would be spelled out in lease and or riders.
Furthermore even if subletting is allowed you may find doing so frequently isn't going to happen. If out of say a two year lease you request subletting for 12 or 18 months, some LLs may have problems with that and deny such continued requests. It looks too much like someone is trying to run game, keeping an apartment but not using it as primary residence.
Reach out to HPD and ask, that is only way (besides reading lease/riders) that spells out what is allowed.
Location: Read the Marketing Handbook, and Income a Guide.
2,031 posts, read 1,645,707 times
Reputation: 491
Generally, even market rate rentals and coops can have rules prohibiting sublets completely or allowed but with restrictions such as a on the limit over the course of so many years. Or only after a minimum number of years of residence. And so on.
I live in one such 130 AMI unit. My lease states that I can sublet. There is some verbiage prohibiting subletting but it is crossed out with a line meaning it is not applicable to my unit.
Location: Read the Marketing Handbook, and Income a Guide.
2,031 posts, read 1,645,707 times
Reputation: 491
You could attempt to negotiate and have the sublet prohibition modified before you sign the lease. It might be boilerplate they would be willing to modify. The building might allow it for your first lease but not commit to for renewal. Just speculation on my part.
You could attempt to negotiate and have the sublet prohibition modified before you sign the lease. It might be boilerplate they would be willing to modify. The building might allow it for your first lease but not commit to for renewal. Just speculation on my part.
For rent regulated units whatever is included with original lease governs entire tenancy. Renewals are just that, and do not allow for modifications of original terms. Exceptions to this would be riders or other terms approved in Albany that become part of laws governing rent regulated units.
Rent regulated tenants generally do have right to sublet subject to terms spelled out in links above. Where that is taken away for some reason and states so in original lease means something is up, but could be entirely legal.
Certain voucher and other subsidized households cannot sublet their apartments IIRC. There might also be certain provisions depending upon underlying financing for said "affordable" housing.
Landlords in general are very weary of sublets because in past it was vastly abused by tenants running game. New rent regulations passed in 2019 gave tenants a bit of an out, but did not take totally away a LL's right to veto sublets.
Somethings are unavoidable; military service, higher education, family obligations, hospital or nursing home, even travel for employment purposes. But things mustn't happen too often... Again if every two years a tenant is subletting for 9, 10, 11, 12 or more months in total, and this goes on and on, at what point is said tenant "living" in that apartment as primary residence?
It seems like a bit of a gray area at my 130% building. Nothing in my lease explicitly prohibits it. I asked my building management when signing the lease, and they didn't say it wasn't allowed, but told me any subletter would have to go through the same approval process that I did, making it a pain in the ass, and that they would only really consider it if I was leaving and it was essentially for a lease takeover. So I didn't really press it.
What I'm unsure about is, from the LL's perspective, what would be considered "reasonably" or "unreasonably" withholding consent to sublet? If I were to produce a well-qualified subletter who was staying for a reasonable amount of time, what are the reasons they could say no?
I would love the option to be able to travel for extended periods sometime and just sublet while I'm gone, but I feel like it may also not be worth fighting my LL over.
Location: Read the Marketing Handbook, and Income a Guide.
2,031 posts, read 1,645,707 times
Reputation: 491
It should not be forgotten that an occupant who sublets is taking a risk. The terms of the sublet ought to have details. An example of the risk, I make four month long sales trip for my employer. I sublet my unit. However, the person who sublet my unit stops paying rent after the first month and disappeared. The LL likely has the right to make me pay the missing rent.
It should not be forgotten that an occupant who sublets is taking a risk. The terms of the sublet ought to have details. An example of the risk, I make four month long sales trip for my employer. I sublet my unit. However, the person who sublet my unit stops paying rent after the first month and disappeared. The LL likely has the right to make me pay the missing rent.
Prime tenant (tenant of record) is responsible for rent payments, not subtenant. As such it is the former who normally continues making rent payments each month. Indeed many LLs won't accept rent payments from a subtenant because of games played in past.
Using your example if prime tenant goes away for four months and tells subtenant to pay rent, and latter does not. LL will begin nonpayment court proceedings against prime tenant or tenants of record (all names on lease).
I asked the Sr. Compliance Mgr. at my building if I could sublet my apartment and this is what she told me....."What I explained was that the 421a program (which is the affordable housing program the ******* lottery falls under) does not permit subletting because the apartment is supposed to be the primary residence for the leaseholder. However, having someone like a housesitter stay is fine."
I know what I think about this statement, but what do you guys think?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
