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I am back with a question regarding subleasing my lottery apartment. My lease says that yes, it can be sublet. In fact, my lease says that the 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.
However, my building manager said to me that it is not allowed. Therefore, I would love to receive more information from individuals that might have sublet their apartment or any suggestions on where to consult for legal advice about this situation.
Dunno how up-to-date that is, but I think probably OK. I sublet a stabilized apartment almost 20 years ago, and I don't think the underlying law has changed. Back then the LL could not "unreasonably" withhold consent, which you are required to attempt to request. And of course you can't charge more than your rent + either 10% or 20%, depending on whether you're subleasing a furnished place.
Everything should be in writing between you and the LL and of course you and the subtenant.
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The building manager might think they are correct. They might be correct. But don’t rely on them. Consult a tenant advocate. Subletting for a profit is very likely violation.
Also, sublets might be allowed but not under all circumstances. There might be a limit on the duration. Also, if you sublet your lottery unit to move into another lottery unit someplace else you could be breaking a rule at the new place or maybe even both places.
If you are allowed to sublet you might still be liable for any damage the subletor makes, and almost certainly if they don’t pay the rent you still owe the landlord.
Thank you all for your responses. I will reach out to a tenant advocate. I only need to sublease it for no more than 5 months, I travel a lot for work, and I just need to free up that rent payment while I am out of town, and also I don't like leaving the apartment unattended. So, I won't be doing for profit.
There are specific rules for subleasing stabilized apartments. I believe back when I sublet the limit was no more than 2 years out of every 4. But in subletting it's more likely that the landlord will have to follow what the law allows rather than be able to promulgate more restrictive policies, especially those not in the lease. But WildAboutHarry is right: consult an expert.
Thank you all for your responses. I will reach out to a tenant advocate. I only need to sublease it for no more than 5 months, I travel a lot for work, and I just need to free up that rent payment while I am out of town, and also I don't like leaving the apartment unattended. So, I won't be doing for profit.
Were you ever able to get insight into this? I'm currently being told by HPD that you can't sublet any affordable housing/lottery units, and I want to make sure that's correct. Sounds off...
Were you ever able to get insight into this? I'm currently being told by HPD that you can't sublet any affordable housing/lottery units, and I want to make sure that's correct. Sounds off...
I'd like to know as well because my lease states otherwise. I'm in the running for another lottery and need to figure out a plan as my lease doesn't end until next Spring.
I'd like to know as well because my lease states otherwise. I'm in the running for another lottery and need to figure out a plan as my lease doesn't end until next Spring.
I had the same problem. What I did was ask the landlord directly if I could end my lease right away. To my surprise they said yes. I was sent an envelope containing all documents to end my lease, signed them and ended my lease a month later.
I had the same problem. What I did was ask the landlord directly if I could end my lease right away. To my surprise they said yes. I was sent an envelope containing all documents to end my lease, signed them and ended my lease a month later.
Thank you for sharing! Were you already in an lottery unit? I think my issue is that I'm already currently in a lottery unit and may be moving soon depending on how quick the turnaround is with this process with the new lottery building. I'm not sure how to go about this.
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