New York Sublet Laws and Legality Guide
Go Back To Previous PageIn New York City, subletting an apartment is legal under certain conditions. Regular tenants—those who do not receive affordable or public housing benefits—must obtain permission from their landlords or property managers before subletting their apartments. Landlords may have specific requirements that tenants need to meet in order to sublet, such as maintaining a good rental history, obtaining appropriate insurance coverage, or following specific subletting procedures. Let’s explore New York Sublet Laws.
If you are a regular tenant and have successfully negotiated with your landlord, you can legally rent out your apartment. However, this does not apply to tenants who receive housing subsidies (e.g., FEPS, SCRIE, DRIE) or those living in HUD, Section 8, or non-profit buildings. Typically, tenants in income-restricted apartments or subsidized housing projects are not allowed to sublet their units.
Additionally, tenants living in condominiums, cooperatives, and rent-controlled apartments face stricter limitations and should consult their building’s bylaws and property managers for
specific rules. If you’re unsure about your ability to legally sublet your apartment, it’s important to read further for more information.
Do I Have a Legal Right to Sublet My Apartment?
Yes, subletting is legal in New York City. According to New York State law, most tenants have the legal right to sublet their apartments. However, you must seek permission from your landlord to do so.
First, notify your landlord of your intention to sublet. They may have a specific procedure in place. If they do not, New York State’s formal process requires that you send a written request via certified mail with a return receipt requested directly to your landlord. Your written request should include the following information about your proposed subtenant and the arrangement:
- The length of the sublease
- The name and address of the subtenant
- Your reason for requesting a sublease
- The amount of rent your subtenant will pay you
- An outline of the security deposit agreement you have negotiated with your subtenant
- A copy of the proposed sublease agreement
If your landlord denies your request, state law requires them to provide a reasonable explanation for the denial (e.g., if the proposed subtenant has poor credit or insufficient income). Your landlord has 30 days to approve or deny your proposed sublet. If they do not respond within that time frame, it is considered an approval.
Who Can’t Sublet Their NYC Apartments?
Unless you fall into one of the following categories, you likely have the right to sublet your apartment:
- Public Housing Residents & Rent Subsidies: Tenants who participate in HUD or Section 8 programs do not have the right to sublet. Additionally, tenants receiving rent subsidies (e.g., FEPS, SCRIE, or DRIE) generally do not have the right to sublet either.
- Non-Profit Buildings: Tenants in non-profit housing may be prohibited from subletting according to program guidelines.
- Co-ops: Tenants in co-op (and condo) apartments should check their building’s by-laws and proprietary lease to determine their right to sublet. However, rent-stabilized and rent-controlled tenants in co-op buildings retain their right to sublet, regardless of the co-op’s or condo’s by-laws.
- Rent-Controlled: Rent-controlled tenants can only sublet their apartments if their lease includes a clause that permits subletting.
By understanding these categories, you can determine your rights regarding subletting your apartment.
What are the requirements for sublet rent-stabilized apartments?
As a rent-stabilized tenant, you must follow specific rules when subletting your apartment:
- Rent Limitations**: You can only charge your legal rent to the subtenant. However, if you are subletting a furnished apartment, you are allowed to charge a 10% surcharge. If you overcharge your subtenant, they have the right to sue you for the overcharge amount plus treble damages.
- Primary Residence Requirement**: The apartment must remain your primary residence. Even while subletting, you must intend to return to your apartment after the sublease ends. If you fail to maintain your apartment as your primary residence during the sublease, your landlord may initiate a non-primary residence holdover proceeding to evict you.
- Sublet Duration**: The rent-stabilization law limits your sublet to a maximum of two years. This includes the term of the proposed sublease and applies to the four years leading up to the termination date of the proposed sublease.
- Lease Transfer Restrictions**: Subletters cannot automatically take over your lease if you decide to move out. The landlord must approve any transfer or new lease.
Make sure to adhere to these guidelines to protect your rights as a tenant.
New York Sublet Laws: Can I List My Apartment on Airbnb?
You cannot offer a sublet for less than 30 consecutive days. Renting out a unit in a Multiple Dwelling Building for short stays or transient use violates several legal regulations, including §4.8a of the New York State Multiple Dwelling Law, §27-2004.a.8(a) of the New York City Housing Maintenance Code, and §310.1.2 of the New York City Building Code.
Specifically, New York State’s multiple dwelling laws from 2011 declare that short-term rentals of fewer than 30 days are illegal in Class A buildings. Therefore, renting your apartment for less than 30 days does not legally qualify as a sublet in New York City and is against the law.
Can I Rent a Room in My Apartment on Airbnb?
You can rent out a room in your apartment as long as you are living there throughout the entire rental period. Airbnb laws do not regulate this arrangement. If done properly, you can usually rent out a room in your apartment on Airbnb. The important point to remember is that you must still inhabit the condo.
Consequences for Illegally Subletting a NYC apartment
If you are caught renting your apartment for less than 30 days, you could face a fine of up to $7,500. Additionally, if you rent out a rent-regulated apartment on Airbnb, your landlord can evict you for profiteering from the rent-regulated apartment and for illegally using the space.
Where Can I List My NYC Sublet?
You can list your NYC sublet on platforms like LeaseBreak, Craigslist, and Facebook. For Facebook, consider using both the Marketplace and various sublet-related groups, such as Ghostlight Housing. These sites have the largest audiences, making them the most likely to help you find a tenant quickly.
Additionally, you can list your sublet on several top NYC apartment rental websites and a variety of smaller niche sites.
NYC Sublet Laws Bottom Line
To sublet a room or apartment in New York City, tenants must formally notify their landlords and provide detailed information about the subtenant and the sublease agreement. However, not all tenants have the right to sublet. Those living in public housing or non-profit buildings are legally prohibited from subletting their apartments.
Additionally, rent-stabilized tenants must adhere to specific regulations. They are not allowed to charge more than the legal rent and must maintain the apartment as their primary residence. It’s important to note that if you are caught illegally subletting your apartment, you could face a hefty fine of up to $7,500.
Georges has been working in Wall Street for the last 16 years trading derivatives with hedge funds. He has been an active real estate investor for over a decade. Georges graduated from HEC Business School in Paris and holds a master in Finance from ESADE Barcelona.
