What If Your Landlord Never Responds to Lease Assignment Request? (New York: sublets, apartments)

[ParkSlopePony]

I live in a lottery building but I actually got the building through a broker who was brought in to help fill the units. I paid a broker’s fee and everything. I am moving to a new apartment and want to assign my lease or break it. According to the “New York City Lease Rider for Stabilized Tenants” which is a part of my lease, I should be allowed to request a lease assignment or vacate within 30 days if they don’t respond. But my landlord told me over the phone that they don’t allow lease assignments because it’s a lottery building? They don’t even allow sublets? How is that possible? Does the NYC Stabilized Tenants Lease Rider not apply to us? I sent an email and followed up with a written letter by certified mail 2 weeks ago and the lease person still hasn’t responded or told me what my options are. I also already have someone who wants to take it over. What do I do? Can I sublet without telling them or vacate?

[macnyc2003]

If you have that rider in your lease, then it applies to you. Lottery apartments are usually rent stabilized, as yours is, but occasionally there are some differences, including the right to sublet. But if you are reading your lease and it shows there you have the right to assign the lease, then you do.

I don’t have any experience with the Village Independent Democrats, but it wouldn’t hurt to contact them.

[vgome013]

If its in your lease it applies to you and I would highlight this to the landlord

[Hemlock140]

A written lease is limited to what is written before the signature page. A rider must be signed by both parties to be lawfully enforceable. If you a rider that the landlord signed, then you should remind them, and if needed seek help from one of the many renter assistance agencies in your area.