Rules on subletting 130% AMI apartments?

[Marshabrady]

Originally Posted by BugsyPal

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.

Yes, and why assignment is what I’ll go for first…

[BugsyPal]

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?

If apartment in question is rent regulated, then by law it must be tenant's primary residence. How this is determined has been hashed out via hundreds of court proceedings (usually bought by LLs), but basically comes down to several factors.

By same token rent laws in NYS realize your landlord while owner of property does not have total right to get into your personal affairs.


If a tenant wants someone to stay in their apartment while away (house, pet or whatever "sit") that's fine. Long as tenant continues to pay rent and otherwise not violate terms of lease.

Renting out apartment say via AirBnB OTOH is not allowed for rent regulated units, so that's out.

Having a continuous parade of "guests" or "house sitters" while primary tenant is no where to be seen, that is going to sooner or later be shut down. You cannot have a two year lease, and spend a total of less than six months or less in said apartment without good reasons. If away for educational, family or business purposes yes that would likely ok. People imprisoned in jail or upstate have kept their rent regulated apartments.

[dime99]

Sounds like no subletting lottery apartments.

[Marshabrady]

Originally Posted by dime99

Sounds like no subletting lottery apartments.

I think that depends. My neighbor had a sublet for a year. I’m also able to do it.

I also think it depends, meaning the rules in my building for middle income differs from lower income.

[dime99]

Originally Posted by Marshabrady

I think that depends. My neighbor had a sublet for a year. I’m also able to do it.

I also think it depends, meaning the rules in my building for middle income differs from lower income.

That's interesting. I guess if management allows it, then it's fine.