Apartment not under rent stabilization or rent contral l

[syueh2002]

I wanted to sublet my apartment, but I just read my lease and found out that the apartment is not under rent control or rent stabilization law!!
Can I still sublet it?? I am dealing with a very bad landlord, and he simply said he does not agree the sublet simply because he doesn't like my attitude. How can I deal with this landlord and still get out of the lease??

[consigliere]

A tenant's right to assign or sublet is governed by Section 226-b of New York State's Real Property Law, and not by the rent control or rent stabilization laws.

If the landlord of any residential building (other than a co-op, or public housing or other similar housing) unreasonably refuses a request to assign a lease, the tenant can, in effect, cancel the lease on 30-days' notice to the landlord.

If the landlord of a building with four or more residential units (other than a co-op, or pubic housing or other similar housing) unreasonably refuses a request to sublet, the tenant can go ahead with the sublet.

Of course, if the landlord contests that its refusal to permit the assignment or subletting was unreasonable, the landlord would take the case to housing court to have the issue settled. In the case of a landlord's unreasonable refusal to consent to a subletting, the court can award attorneys' fees and costs to the tenant.

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[TenantNet]

One other thing to add to Consiglier's answer -- just because a lease says a unit is not rent stabilized, that does not necessarily make it so. (rent control is based on when a tenant moved in -- prior to 1971). Rent Stab status is based on the law, not a lease provision. In general, if a unit is in a building with 6 or more units, built prior to 1874 and is not a coop (or in some cases subject to to high rent/high income or tax abatement deregulation), the chances are very good it should be rent stab no matter what the LL or lease says. The tenant should check with DHCR on this. If the above conditions are true, the tenant should also seek legal advice. In some cases DHCR will act on a cokmplaint, but the agancy is notoriously anti-tenant.