Tenant Without Lease Can't Sublet

LVT Number: 15197

Rent-stabilized SRO tenant with no lease lived in a unit for 20 years and asked landlord for permission to sublet for five months. Landlord asked the DHCR if tenant was allowed to sublet. In an opinion letter, the DHCR said no. The Rent Stabilization Code allows tenants with leases to sublet in accordance with the terms of RPL Section 226-b, the sublet law. But since tenant was a month-to-month tenant with no lease, landlord didn't have to allow the sublet.

Rent-stabilized SRO tenant with no lease lived in a unit for 20 years and asked landlord for permission to sublet for five months. Landlord asked the DHCR if tenant was allowed to sublet. In an opinion letter, the DHCR said no. The Rent Stabilization Code allows tenants with leases to sublet in accordance with the terms of RPL Section 226-b, the sublet law. But since tenant was a month-to-month tenant with no lease, landlord didn't have to allow the sublet.

DHCR Opin. Ltr. by Charles Goldstein (2/9/01) [2-pg. doc.]

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