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They're making you work for it.

Posted by MikeW on July 19, 2000 at 17:32:02:

In Reply to: Subletting Denied - Rent Stabilized Question NYC HELP! posted by Lara Jefferson on July 19, 2000 at 15:49:10:

They're using the law to pressure you into giving up the apartment. They really don't have valid grounds to prevent you from subletting, but they're going to force you into court to get your rights. They're gambling that you won't want the hassle, and will walk away.

Basically you can do two things:

A) Take them to court to force them to allow the sublease.

B) Sublease it anyway, and fight them in court, when the try to evict you. Maybe, knowing they would lose, they'll drop the issue, but I doubt it. To them, it's probably worth gambling the legal fees that you'll go away.

I don't know if there is any DHRC play for this problem.

You basically have to decide how hard your willing to fight, and how much you're willing to spend, to keep the apartment.

: Rnt Stabilized Apartment in 18 unit building. I have current lease for next 20 months. I am going to grad school for 20 months and want to sublet and will return to the apartment after that time.

: I am asking for permission to sublet my apartment for a period of 20 months – a period during my current lease. I have submitted all necessary information as required in accordance to the Real Property Law Section 226-b and submitted the additional information my landlord requested. I have documented that I plan on returning to NYC and retaining this apartment as my primary residence. In addition, I am leaving my furniture and majority of my belongings in the apartment.

: The landlord and their lawyer have sent me a letter declining the request to sublet because they feel that the reasons for subletting are “not compelling” and “there is no proof or indication of the circumstances that will allegedly occur that will enable you to return to the apartment. Clearly you have not shown that your absence from the apartment will be a temporary one.” I feel that my request for sublet has been withheld unreasonably.

: I would like to pursue this matter and am looking for information or resources that will assist me in overturning their denial as I am only planning on being absent for 20 months and do plan on returning to the apartment. Please contact me as I would like to discuss my next steps.

: Regards,
: Lara Jefferson
: New York, NY

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