Q: what is best way to pass along a rent stabilized apt in nyc without having rent spike?
I am moving into an apt 13 months in on a 2 year lease (11 months left). The goal is to be able to renew the lease at same rate with exception of regulated rent % increase. What is the best way to go about this? do I sublet then have option to renew or can I have the lease assigned to me? or does the current lease holder only have the right to renew? would the landlord have right to evict me after 11 months? I read the vacancy charge is no longer in play. the lease holder has been in the apt for 12 years.
A: Rent Stabilized tenants do not have the right to sublet without a landlord's prior approval. If you sublet a Rent Stabilized apartment, as a subtenant you do not obtain succession rights to that apartment. If the tenant of record elects to surrender possession to the landlord at the expiration of the lease, it will be up to the landlord whether he/she wishes to offer you a lease.
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