sublet could lose apt. in rent stabilized building

[dogra]

My friend lived in a rent stabilized apartment that she sublet to me, with the landlord's knowledge, for a year. After that year, I continued to live in the apartment for another year. Though my name was on the mailbox, and I never tried to hide, I did not renew the sublease.

This past week The landlord sent my friend a lease renewal for the next two years. But it said in bold that if she renewed she would have to live in the apartment herself. It would have to be her primary residence.

What I'm trying to find out is, where does that leave me? Do I have any rights or protections? I would like to take over the lease, but I'm afraid they're going to dump me out when her lease is over. I still live in the apartment, and by the time this lease is up will have lived here for 2 1/2 years. The building is rent stabilized and I initially signed a sublet agreement with them (though I didn't renew this past year). One other thing I'm worried about is that they had her pay them the rent. I paid her and she would pay them.

Do I have any chance of staying and taking over the lease?

Help!

[jot0n0]

According to DHCR's sublet rules, the sublease may extend beyond the prime tenant's lease term. The prime tenant retains the right to the renewal lease. A tenant may not sublet the apartment for more than two years out of the four-year period before the termination date of the sublease. For example, a tenant seeks to sublet the apartment for two years starting January 1, 1995. The sublet would expire December 31, 1996. If the tenant has already sublet the apartment for any period of time between January 1, 1993 and December 31, 1994, the tenant would be exceeding the maximum two-year sublet rule. The owner could bring an eviction proceeding against the prime tenant.

If you already lived there for 2.5 years, the prime tenant could be evicted for not using apt as her primary resident. You would have no legal rights to stay since your sublet expired and living on a month-to-month tenancy. Primary tenant is required to give you 30 days notice to vacate premises, after which she would need to take you to court to evict you if you remain after the deadline. I don't know if prime tenant wants to retain the apt, if not you could ask LL to see if you can take over apt as tenant of record, but there will likely be a vacancy increase of 18-20% for a new one or two year lease, respectively.