Here is New York Sublet Laws and Legality Guide in 2024 that You Must Need to Know

In Manhattan, a one-bedroom flat usually costs around $3,400 a month. Long-term and short-term renting are very popular because of this. There are lots of listings in New York City, so you’re sure to find one that fits your needs. It doesn’t matter if you need a rent for three days or three months. But people who already live in New York City should be careful, because illegally subletting your room could get you kicked out.

Is It Legal for Me to Rent Out My Apartment?

According to propertyclub, In New York City, it is allowed to sublet. New York State law says that most renters can legally rent out their apartments to other people. You still need to get permission from your landlord to rent out your room to someone else.

First, you should let your owner know that you want to sublet. They will probably have a process in place that you need to follow. If they don’t, the more official process set up by New York State says you have to send a written request to your landlord via certified mail, with a request for a return receipt.

Who Can’t be Sublet Their NYC Apartments?

If you are not in any of the following groups, you most likely have the right to rent out your room.

  • Public housing residents: People who live in HUD or Section 8 housing can’t rent to other people. The same goes for renters who get rent subsidies like FEPS, SCRIE, DRIE, etc. They usually can’t sublet either.
  • Non-profit buildings: Tenants in non-profit housing may not be able to share their apartments according to program guidelines.
  • Co-ops: People who live in coop (or condo) flats need to check the rules of their building and their proprietary lease to see if they can rent out their apartments to other people. This rule only doesn’t apply to people who live in a co-op building and have their rent stabilized or controlled. If you are a rent-regulated renter, you can still sublet, even if the coop or condo governing body says otherwise.
  • Rent controlled: These renters can’t rent out their apartments to other people unless their old lease has a clause that lets them.
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Can I list My Apartment on Airbnb?

The short answer is no, unless you are willing to rent for at least 30 days in a row. They break §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 when they are used for short-term rentals or temporary use.

It is against the law in New York State’s Class A buildings to rent for less than 30 days, according to laws passed in 2011. So, renting out your apartment for less than 30 days is against the law in New York City and is not called a sublet.

Effects of Illegally Subletting a NYC apartment

If you rent out your room for less than 30 days, you could get a $7,500 fine. If you rent out a rent-controlled apartment on Airbnb and are caught, you can be kicked out by your owner for taking advantage of a rent-controlled apartment and using it illegally.

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