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Re: Rent Control Subletting

Posted by TenantNet on March 14, 1997 at 14:36:43:

In Reply to: Rent Control Subletting posted by Scott on March 14, 1997 at 14:02:44:

: My friend lives in a rent control walk up building on the Upper East Side.
: She is subletting her apartment (while she lives there also) illegally to
: someone else. Legally, what could happen to her for doing this? Can she
: lose the apartment if she gets caught?

Yes, although it can be a cumbersome process. The right to sublet is
embodied in Real Property Law section 226-b (available on TenantNet)
which gives tenants the right to sublet "if they have a lease."
Most Rent Control tenants no longer have a lease, so they do not
have the right to sublet. On the other hand, if she were rent
stabilized, she would have such a right. Of course, if the landlord
agrees to a sublet, that's a different matter.

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