If you have a rent-stabilized apartment in New York City, you have the right to sublet it — even if your lease contains a no-subletting clause. New York Real Property Law § 226-b gives rent-stabilized tenants a statutory sublet right that supersedes lease restrictions, with specific procedures both you and your landlord must follow. This guide explains what you can do, what your landlord can and cannot do, and the steps to subletting legally.
Your Statutory Right to Sublet
Under New York Real Property Law § 226-b, tenants in buildings with four or more apartments have the right to sublet their apartment, subject to the landlord’s consent — but that consent cannot be unreasonably withheld. A landlord who unreasonably refuses a sublet request or fails to respond within the required timeframe is deemed to have consented.
For rent-stabilized tenants specifically, the Rent Stabilization Code also protects your sublet right. A no-subletting clause in a rent-stabilized lease does not eliminate this statutory right — the law supersedes the lease provision.
Key Rules for Subletting
- You must continue to use the apartment as your primary residence — subletting is for temporary absences, not permanent departure. If you permanently vacate and sublet, you risk losing your stabilized tenancy.
- You may sublet for no more than two years in any four-year period. This is the statutory limit for rent-stabilized tenants.
- You cannot profit on the sublet — you may charge the subtenant your actual legal regulated rent, but you cannot charge more than you pay your landlord. Charging excess rent is “landlord profiteering” and is itself a violation.
- You remain responsible to your landlord for all lease obligations during the sublet — if your subtenant damages the apartment or fails to pay, the landlord’s claim is against you.
The Required Process: Step by Step
Step 1: Send a Written Sublet Request to Your Landlord
Send a written request to your landlord by certified mail, return receipt requested. Your request must include:
- The term of the proposed sublet (start and end dates)
- The name of the proposed subtenant
- The subtenant’s current address and business address
- The reason for the sublet (temporary work relocation, medical care for a family member, etc.)
- Your address during the sublet period
- A copy of the proposed sublease (or a description of its terms)
Step 2: Wait for Your Landlord’s Response
Your landlord has 10 days from receipt of your request to ask for additional information. If they do, you then have 10 days to provide it. After receiving a complete request (or the additional information), the landlord has 30 days to respond — either consenting, consenting with conditions, or refusing with a specific reason.
If your landlord does not respond within 30 days of receiving a complete request, consent is deemed granted by operation of law.
Step 3: Evaluating a Refusal
If your landlord refuses, they must state a specific reason. Valid reasons for refusal include:
- The proposed subtenant has an unsatisfactory rental history
- The proposed sublet would violate the terms of the landlord’s mortgage
- The proposed subtenant would not use the apartment as their primary residence
Invalid reasons include general objections, no reason at all, or reasons that would not constitute grounds in a reasonable landlord’s view. An unreasonable refusal entitles you to sublet anyway — and if your landlord then brings a holdover case against you for subletting, the court will evaluate whether the refusal was reasonable.
Step 4: If Your Landlord Unreasonably Refuses
If your landlord refuses without a valid reason, you have two options:
- Proceed with the sublet and defend against any holdover proceeding your landlord brings, arguing the refusal was unreasonable
- Bring a court proceeding to compel consent — ask the housing court to order the landlord to consent to the sublet
Consult a tenant attorney before proceeding against a landlord’s refusal — the strength of your position depends on the specific reason given and your documentation.
Airbnb and Short-Term Sublets: What You Need to Know
NYC’s Multiple Dwelling Law prohibits renting an apartment for fewer than 30 days unless you (the primary tenant) remain present in the apartment during the rental. This means Airbnb-style short-term rentals where you leave are illegal in most NYC apartments, including rent-stabilized ones. Violations can result in significant fines and, for rent-stabilized tenants, loss of your stabilized tenancy. The statutory sublet right under RPL § 226-b applies to traditional sublets of 30 days or more, not short-term rentals.
Free Help
- DHCR Tenant Hotline: (718) 739-6400
- Met Council on Housing: (212) 979-0611
- Legal Aid Society: (212) 577-3300
- Legal Services NYC: lsnyc.org
Frequently Asked Questions
My lease says no subletting. Can I still sublet my stabilized apartment?
Yes. New York Real Property Law § 226-b gives you a statutory sublet right that supersedes lease restrictions in buildings with four or more apartments. Follow the proper request procedure and your landlord must respond with a valid reason if they want to refuse.
My landlord didn’t respond to my sublet request. Can I proceed?
If your landlord fails to respond within 30 days of receiving a complete request, consent is deemed granted by law. Document your request and the lack of response carefully before proceeding — you will need this documentation if your landlord later challenges the sublet.
How much can I charge my subtenant?
You may charge your subtenant no more than the legal regulated rent you pay your landlord. Charging more is prohibited for rent-stabilized tenants. You can also pass through any surcharges your landlord is permitted to charge you (such as a pet surcharge if applicable).
Can I sublet if I plan to move out permanently?
No. The statutory sublet right is for temporary absences while you maintain the apartment as your primary residence. If you permanently vacate and sublet, you lose your primary residency status and risk losing the stabilized tenancy entirely. Succession rights — not subletting — is the relevant concept if you are planning to permanently vacate and want a family member to take over.
