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Posted by Sandro on January 28, 1997 at 10:04:57:

In Reply to: Re: Subletting, stabilized and free-market apts posted by TenantNet on January 27, 1997 at 19:44:25:

: : Could someone confirm the following for me? I really would appreciate it.
: : In a rent-stabilized apartment, it seems I have the automatic right
: : to sublet,even if there is a clause prohibiting that in the lease.

: Subletting is governed by Real Property Law section 226(b) which means if you
: follow the procedures (we have fact sheets on this on the web site, do a search)
: then you can sublet no matter what the lease says. Rent Control tenants do
: not have a similar right as they don't have leases as all.

: : In a free-market apartment, I have the right to sublet, but only with
: : the landlord's approval. This approval may not be "unreasonably"
: : withheld. If so, I can sublet anyway. If the landlord wants to take me
: : to housing court, he may.

: The same provision apply to both rent stab and free market. Landlords will
: take tenants to court to harass and intimidate and they know the judges
: are on their sides most of the time (or just plain lazy).

Thank you for this information. You folks are fast in your response!

Though I've checked out your FAQs and Fact Sheets, a clarification, please:

For rent stabilized, it seems the right is automatic, and not at all subject
to a landlord's "reasonable" consent. Instead, on a "free market" it seems
that the sublet is indeed subject to the landlord's "reasonable" consent.
Therefore, it seems that you are much more secure in your right and ability
to sublet in a rent stabilized apartment.

Is this correct?

Thanks.

:
: : Sandro

Follow Ups:

• Re: Subletting, stabilized and free-market apts TenantNet 1/28/97 (0)

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Comments:
: : : Could someone confirm the following for me?  I really would appreciate it.
: : : In a rent-stabilized apartment, it seems I have the automatic right 
: : : to sublet,even if there is a clause prohibiting that in the lease.

: : Subletting is governed by Real Property Law section 226(b) which means if you
: : follow the procedures (we have fact sheets on this on the web site, do a search)
: : then you can sublet no matter what the lease says. Rent Control tenants do
: : not have a similar right as they don't have leases as all.

: : : In a free-market apartment, I have the right to sublet, but only with
: : : the landlord's approval.  This approval may not be "unreasonably" 
: : : withheld.  If so, I can sublet anyway.  If the landlord wants to take me
: : : to housing court, he may.

: : The same provision apply to both rent stab and free market. Landlords will
: : take tenants to court to harass and intimidate and they know the judges
: : are on their sides most of the time (or just plain lazy).

: Thank you for this information.  You folks are fast in your response!

: Though I've checked out your FAQs and Fact Sheets, a clarification, please:

: For rent stabilized, it seems the right is automatic, and not at all subject 
: to a landlord's "reasonable" consent.  Instead, on a "free market" it seems
: that the sublet is indeed subject to the landlord's "reasonable" consent.
: Therefore, it seems that you are much more secure in your right and ability
: to sublet in a rent stabilized apartment.

: Is this correct?

: Thanks.


: : 
: : : Sandro


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