Subletting and NY driver's license. (sublease, apartment, leases)

[spressobean]

Hi all. So here's a question. I'm subletting an apartment from friends right now (technically illegally since it's not through a landlord, although the super is aware of who I am and the entire building is filled with rotating subletting students; in other words, no one's trying to evict me anytime soon).

I would like a NY driver's license and get rid of my Out-of-State one, not because I'm going to be driving but because there are times when I need to prove I am a NY resident and it's easier to have one. I plan on living here permanently, although I'll probably be subletting for the next year or two. I'll also be working and paying taxes here.

Can I get a license and put my current apartment's address on there? Or is there a potential legal issue, since I'm not on the lease?

[Fred314X]

You can certainly list your current address on your license. Then notify Motor Vehicles if and when it changes. (I did that; it's not necessary to have a new license issued unless you request it. You just want them to have your current address in their database when it comes time for renewal).

[Cida]

Check to see what the DMV requires. They may ask for something like utility bills - are the utilities in your name?

[NY Annie]

If you are required to have proof of tenancy/residency, ask for a receipt the next time you pay your rent to whomever.

[spressobean]

Ok thanks so much. I just wasn't sure if there was a potential legal issue down the road... Again, I REALLY don't think eviction is in sight, however, if someone did drop by and I had to play the "visiting friend" card, I didn't know if having a license with the address would come back to bite me.

[holden125]

Originally Posted by spressobean

Hi all. So here's a question. I'm subletting an apartment from friends right now (technically illegally since it's not through a landlord, although the super is aware of who I am and the entire building is filled with rotating subletting students; in other words, no one's trying to evict me anytime soon).

I am not sure why you think this is a problem. The whole point of a "sublease" is that it's not through a landlord. The landlord leases to a tenant, who then subleases to a subtenant-you. The only issue would be if the original lease forbids subletting, but that would be a problem for the original tenants, not for you. The most that could happen is someone could tell you to leave because your residence there violates the original lease.

[spressobean]

It's a co-op and nothing was cleared through the board, hence the "illegal" part. But yeah, worst case scenario I'd just leave.... The building's really old and again, full of students, so I doubt it will be a problem. Just making sure.

[ArkCali Transplant]

...if you get one...be sure to have six points of IDs...they have a list there...and most importantly birth certification.

Been trying to get one for months and even though I have six points, they STILL won't let me get an ID.

FYI...

[jcoltrane]

Originally Posted by holden125

I am not sure why you think this is a problem. The whole point of a "sublease" is that it's not through a landlord. The landlord leases to a tenant, who then subleases to a subtenant-you. The only issue would be if the original lease forbids subletting, but that would be a problem for the original tenants, not for you. The most that could happen is someone could tell you to leave because your residence there violates the original lease.

I wonder, is the person you are subletting from a friend or stranger? First, I would discuss the issue with him/her. Second, the above quote is why you need question much of what is posted to this forum.

Simply from your original post, I believe you are aware of the law----that the LL needs to be informed of your presence and ultimately permission must be granted in many cases. In any case, it is the law and the lease which governor your sublet.

A NYS license with your name and likeness upon it can, possibly, be used as proof----that the prime tenant has vacated and is profiteering by illegally subletting---probably resulting in eviction. It is a risk that, indeed, could come back to bite you.

Also, the well, everyone in the building is doing it defense----does not work!!! So, if for whatever reason the LL deemed it necessary to evict the prime tenant and have you removed----the circumstance with the rest of the tenants is irrelevant.

If in deed and fact, the LL has no problem with subletting, then simply why not see to that all your Ts are crossed and Is are dotted---then you'll have no worries.

Luck!

[jcoltrane]

Sorry, didn't catch the part about the apartment being a co-op. BIG difference.

JFYI, what occurs in circumstances like yours is this. Some owner wants to sell, finds a buyer, but no one will finance the purchase---because lenders, these days, most often require a high ratio of owner/renters. So, in order to make the building financiable---protecting their investments, boards will begin enforcing the by-laws, specifically, those regarding renters.

This also occurs when the building needs a loan in order make capital improvements.

Until such a day, you s/b find---but, be certain, that day will come.