Q: Do I have rights in an NYCHA apartment sublease eviction?
I've been living in a NYCHA apartment in New York for the past five years, subleased to me by a friend. We've accumulated unpaid rent, leading to the threat of eviction. Despite my friend's awareness and financial means, she is unwilling to pay. I have proof of payments made to her but have never communicated directly with NYCHA or received eviction notices in my name. Do I have any rights in this situation?
A:
Dear NYCHA Resident:
Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to share the apartment with a roommate. As you mentioned, management is unaware that you live in the apartment.
You and the tenant have the right to defend the eviction case in Housing Court. But if the tenant is uncaring about being evicted, the odds are not in your favor being able to hold the apartment without the rent being paid up in full.
NYCHA may very well succeed in the nonpayment eviction case if the rent remains unpaid.
Daniel Michael Luisi agrees with this answer
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