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(a) You will be asked at time of signing of second lease to certify that you do not hold a residential lease elsewhere. It would be fraud to make that certification under these circumstances.
(b) Lottery buildings have, so far, been able to get away with "special rules" on banning subletting except to someone else who qualifies as an "eligible tenant." It's not completely clear whether this practice has an actual legal basis (i.e., an exception written into the RS law or a court ruling somewhere or something). I think it's an unreasonable rule, especially after the first year, but that is the rule in many leases (there are some exceptions). Of course, the penalty is lease termination, which is what you'd want anyways--but see (a).
(a) You will be asked at time of signing of second lease to certify that you do not hold a residential lease elsewhere. It would be fraud to make that certification under these circumstances.
(b) Lottery buildings have, so far, been able to get away with "special rules" on banning subletting except to someone else who qualifies as an "eligible tenant." It's not completely clear whether this practice has an actual legal basis (i.e., an exception written into the RS law or a court ruling somewhere or something). I think it's an unreasonable rule, especially after the first year, but that is the rule in many leases (there are some exceptions). Of course, the penalty is lease termination, which is what you'd want anyways--but see (a).
Those "special rules" likely are in place to prevent those who have won apartments in lottery from running game.
Last thing city or state wants or needs is developers getting bad tastes in their mouths about quality of tenants they've been landed with via lottery process. More so since these units fall under RS basically meaning said tenants cannot be touched. Yes, one can bring legal action against a tenant for violation of lease provisions, but that is costly, time consuming and not always a certain given outcome.
(a) You will be asked at time of signing of second lease to certify that you do not hold a residential lease elsewhere. It would be fraud to make that certification under these circumstances.
(b) Lottery buildings have, so far, been able to get away with "special rules" on banning subletting except to someone else who qualifies as an "eligible tenant." It's not completely clear whether this practice has an actual legal basis (i.e., an exception written into the RS law or a court ruling somewhere or something). I think it's an unreasonable rule, especially after the first year, but that is the rule in many leases (there are some exceptions). Of course, the penalty is lease termination, which is what you'd want anyways--but see (a).
Taken at face value, doesn't a) preclude anyone who has an existing lease from signing another? Since one typically signs a lease prior to terminating a previous lease.
"Those "special rules" likely are in place to prevent those who have won apartments in lottery from running game."
Well, but, as you know, because of the primary-residence rule, RS tenants can only sublet for a limited amount of time a year, unless they fall into certain categories of exceptions (military, college). Landlords are also still able to reject a truly unsuitable proposed subtenant. So a lottery winner couldn't just hand the place off indefinitely to a random subletter straight off their murder conviction.
As an anti-fraud measure generally, as I said, a one-year restriction on subletting seems fair.
I never did notice landlords being shy about filing those Golub notices in the past!
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