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My friend's parent has a rent-controlled 1BR apartment. They currently use it as a storage unit but plan on leaving NYC. I was offered the apartment for $900/month. Are there any rules about subletting this type of apartment? The original tenant will still have their name on the lease. I'd hate to see one of these rare rent-controlled apartments left in NYC end up at $1500 like the other units in the same building.
You can sublet an ordinary rent-stabilized apartment (*), but it basically has to be at cost (think there's a very small administrative add-on allowed), and the apartment has to remain the primary residence of the tenant.
So, tenant goes to Florida every winter for three months, sublets to you for that period = OK
Tenant wanders off to Florida for good, sublets to you indefinitely = not OK
If your friend's parent is using the apartment just for storage, they're already in violation of the conditions of the lease. Just FYI.
(*) Some of the apartments stabilized through the housing lotteries have more restrictive conditions imposed.
My friend's parent has a rent-controlled 1BR apartment. They currently use it as a storage unit but plan on leaving NYC. I was offered the apartment for $900/month. Are there any rules about subletting this type of apartment? The original tenant will still have their name on the lease. I'd hate to see one of these rare rent-controlled apartments left in NYC end up at $1500 like the other units in the same building.
Lol, the level of entitlement is off the charts.
So let me get this straight:
Your friend's parent (not even your friend) has a rent-controlled apartment that they use as STORAGE.
They're leaving NYC, and want to leave it to you, someone who is not entitled to it under rent control regulations (rent control is different from rent stabilization).
The original tenant will still have the name on the lease, so you're subletting an apartment that shouldn't even be sublet.
And you'd HATE to see it go for the (oh so astronomical) sum of $1,500?
You can sublet an ordinary rent-stabilized apartment (*), but it basically has to be at cost (think there's a very small administrative add-on allowed), and the apartment has to remain the primary residence of the tenant.
So, tenant goes to Florida every winter for three months, sublets to you for that period = OK
Tenant wanders off to Florida for good, sublets to you indefinitely = not OK
If your friend's parent is using the apartment just for storage, they're already in violation of the conditions of the lease. Just FYI.
(*) Some of the apartments stabilized through the housing lotteries have more restrictive conditions imposed.
Rent controlled is not rent stabilized.
Rent controlled apartments cannot be sublet under any circumstances (except if their lease explicitly permits this). They also must only be left to family members who have paid their income taxes for the last 2 years at the address as well along with the tenant of record.
Point blank period, OP is selfish, his friend is selfish, his friend's parents are selfish, and I hope someone catches wind of their little scheme.
Rent controlled tenants do *NOT* have any right to sublet apartment unless they have a lease which specifically states it is possible. Many RC apartments do not have written leases (they were originally rented before such things were mandatory or common), and if that is the case then OP is SOL.
If LL finds out about sublet he can bring action compelling resident to move, and or also take tenant of record to court if suspects unit is no longer their primary residence.
Once a RC apartment is vacated it converts to rent stabilization and will be under those terms going forward. This means rent increases will be whatever RGB votes on each year.
My friend's parent has a rent-controlled 1BR apartment. They currently use it as a storage unit but plan on leaving NYC. I was offered the apartment for $900/month. Are there any rules about subletting this type of apartment? The original tenant will still have their name on the lease. I'd hate to see one of these rare rent-controlled apartments left in NYC end up at $1500 like the other units in the same building.
I know it's natural to want a great deal, but at a certain point, the one-sided "deal" becomes unethical. $900 for a 1BR is so far below market it's not fair to the landlords.
Instead of thinking of it as only being illegal, think of why it's illegal. We want to live in a society with fair prices and equitable exchanges. $1,500 is more than a fair price for a NYC 1 BR. Less than that is exploitation.
Plus, just think of all that bad karma you'd accumulate by essentially stealing that apartment, hah.
First off, maybe you're assuming the apartment is rent-controlled because "they've had it for a while now." Rent stabilization began in 1971. So unless they had the apartment before that date, you shouldn't assume it's rent controlled.
You need to see their lease.
This is important distinction because you can legally sublet a rent-stabilized apartment, but not a rent-controlled apartment, as previous posters have already said. And many people use the terms interchangeably, which is a big no-no.
Here's the deal:
Rent stabilized tenants DO have the right by law to sublet, but rent controlled tenants DO NOT, unless they have a current or prior lease containing a clause that permits them to sublet. (Rent stabilization is the larger of the rent-regulation systems. Rent control applies only to tenancies that began before 1971.)
I'm only curious - what part of the city is the one bedroom $900?
Fordham Manor
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