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I don't know about you but when I signed my Tenant Income Certification (TIC), one of the documents was: Attachement N-1 - PRE-LEASE ACKNOWLEDGEMENT AND CERTIFICATION
One of the clauses was:
I fully understand that any form of subletting or assignment of my lease in this affordable
housing program is strictly prohibited and unlawful.
I understand that violating the above requirement will have consequences which may
include the loss of the apartment(s) and lease(s) in question, in addition to potential
criminal charges.
So the Sr. Compliance Mgr. at your building was correct about the rules but trying to be 'flexible' by letting the 'housesitter' slide... However, in other words, it is at tenant's own risk!
Quote:
Originally Posted by Lenny_G_70
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?
Last edited by someoneinqueens; 05-14-2022 at 05:56 PM..
In my building you can sublet your apt without management’s permission as long as the tenant complies with provisions of real estate property law section-226-b.
I’m addition you cannot sublet at a profit unless the apartment sublet is fully furnished with the tenants furniture a maximum of 10% surcharge.
I did a Tenant Income Certification TIC, but an Attachment N-1 - PRE-LEASE ACKNOWLEDGEMENT AND CERTIFICATION was not part of it thus I did not sign it.
My lease does state...
"9. SUBLETTING AND ASSIGNMENT
A tenant has the right to sublet his/her apartment, even if subletting is prohibited in the lease, provided that the tenant
complies strictly with the provisions of Real Property Law Section 226-b. Tenants who do not comply with these
requirements may be subject to eviction proceedings. Compliance with Section 226-b is not determined by DHCR,
but by a court of competent jurisdiction. If a tenant in occupancy under a renewal lease sublets his/her apartment,
the owner may temporarily increase the rent by the current rent guidelines board adjustment, regardless of whether
the owner has increased the rent by the guidelines board amount within the prior twelve months. This charge may
be passed on to the sub-tenant. However, upon termination of the sublease, the Legal Regulated Rent shall revert to
the Legal Regulated Rent without such temporary increase. The rent increase is the allowance provided by the NYC
Rent Guidelines Board available when the tenant’s lease commenced, and it takes effect when the subletting takes
place.
A tenant who sublets his/her apartment is entitled to charge the sub-tenant the rent permitted under the Rent
Stabilization Law, and may charge a 10% surcharge payable to the tenant only if the apartment sublet is fully
furnished with the tenant’s furniture. Where the tenant charges the sub-tenant any additional rent above such
surcharge and sublet allowance, if applicable, the tenant shall be required to pay to the sub-tenant a penalty of three
times the rent overcharge, and may also be required to pay interest and attorney’s fees. The tenant may also be
subject to an eviction proceeding."
I did a Tenant Income Certification TIC, but an Attachment N-1 - PRE-LEASE ACKNOWLEDGEMENT AND CERTIFICATION was not part of it thus I did not sign it.
My lease does state...
"9. SUBLETTING AND ASSIGNMENT
A tenant has the right to sublet his/her apartment, even if subletting is prohibited in the lease, provided that the tenant
complies strictly with the provisions of Real Property Law Section 226-b. Tenants who do not comply with these
requirements may be subject to eviction proceedings. Compliance with Section 226-b is not determined by DHCR,
but by a court of competent jurisdiction. If a tenant in occupancy under a renewal lease sublets his/her apartment,
the owner may temporarily increase the rent by the current rent guidelines board adjustment, regardless of whether
the owner has increased the rent by the guidelines board amount within the prior twelve months. This charge may
be passed on to the sub-tenant. However, upon termination of the sublease, the Legal Regulated Rent shall revert to
the Legal Regulated Rent without such temporary increase. The rent increase is the allowance provided by the NYC
Rent Guidelines Board available when the tenant’s lease commenced, and it takes effect when the subletting takes
place.
A tenant who sublets his/her apartment is entitled to charge the sub-tenant the rent permitted under the Rent
Stabilization Law, and may charge a 10% surcharge payable to the tenant only if the apartment sublet is fully
furnished with the tenant’s furniture. Where the tenant charges the sub-tenant any additional rent above such
surcharge and sublet allowance, if applicable, the tenant shall be required to pay to the sub-tenant a penalty of three
times the rent overcharge, and may also be required to pay interest and attorney’s fees. The tenant may also be
subject to an eviction proceeding."
So she is not correct according to the lease.
Yeah seems this might be the standard? This is exactly what mine says. Though I would prefer a lease reassignment/transfer over subletting…
Well, I guess every housing lottery has different conditions then & in this case, mine was very clear that sublet is not allowed.
Oh, I have below clauses too in my lease but I guess it won't matter anymore as I have to sign the Attachment N-1.
Quote:
Originally Posted by Lenny_G_70
I did a Tenant Income Certification TIC, but an Attachment N-1 - PRE-LEASE ACKNOWLEDGEMENT AND CERTIFICATION was not part of it thus I did not sign it.
My lease does state...
"9. SUBLETTING AND ASSIGNMENT
A tenant has the right to sublet his/her apartment, even if subletting is prohibited in the lease, provided that the tenant
complies strictly with the provisions of Real Property Law Section 226-b. Tenants who do not comply with these
requirements may be subject to eviction proceedings. Compliance with Section 226-b is not determined by DHCR,
but by a court of competent jurisdiction. If a tenant in occupancy under a renewal lease sublets his/her apartment,
the owner may temporarily increase the rent by the current rent guidelines board adjustment, regardless of whether
the owner has increased the rent by the guidelines board amount within the prior twelve months. This charge may
be passed on to the sub-tenant. However, upon termination of the sublease, the Legal Regulated Rent shall revert to
the Legal Regulated Rent without such temporary increase. The rent increase is the allowance provided by the NYC
Rent Guidelines Board available when the tenant’s lease commenced, and it takes effect when the subletting takes
place.
A tenant who sublets his/her apartment is entitled to charge the sub-tenant the rent permitted under the Rent
Stabilization Law, and may charge a 10% surcharge payable to the tenant only if the apartment sublet is fully
furnished with the tenant’s furniture. Where the tenant charges the sub-tenant any additional rent above such
surcharge and sublet allowance, if applicable, the tenant shall be required to pay to the sub-tenant a penalty of three
times the rent overcharge, and may also be required to pay interest and attorney’s fees. The tenant may also be
subject to an eviction proceeding."
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?
There are several different ways city gets "affordable" or "low income" housing. 421-A is one, but there is also mandatory inclusion, bonus inclusion, LIHTC (Low Income Housing Tax Credit), and maybe some others.
Developers and city can use one or more (IIRC) to come up with something that works to provide deep enough subsidies. This likely accounts for why there is such a range of opinions on who can and cannot sublet and or under what conditions. Depending upon how the "affordable" or "low income" units are financed might very well influence if subletting is allowed and under what conditons.
As have said by NYS law renters are generally allowed to sublet long as certain conditions are met (LL's consent or in aid of his withholding same unreasonably, etc....). So for a building to outright ban subletting contravening those laws means something has to override.
I have never done one but that is my goal over subletting as it takes the risk off you.
Subletting is when primary tenant keeps apartment under their name as intends to return.
Assignment is where a tenant wants to get out of balance remaining on lease because they have no intention of returning, no longer wish to keep apartment.
With subletting all primary tenants named on lease continue to be responsible for all terms including paying rent on time. Tenant may sublet, but rent payments must still come from him/her, not subtenant. If there is damage to apartment, violations of lease or whatever primary tenants are held responsible, not subtenant.
If LL aggress to an assignment of lease then primary tenant or tenants are off the hook. A new lease will be drawn up in name of new tenant or tenants who now become primary in their own right.
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