Q: I miraculously landed in a 300-square-foot, rent-stabilized apartment in the West Village in 1997. It’s a walk-up dump, but in a good location. I lived and worked in New York City until 2016, keeping the apartment to use for myself and my brothers. Two years ago, my niece moved in. I pay the rent, which is very low, and she reimburses me. I would love to get rid of the apartment, but she’s ecstatic to be there. I know that subletting to her is not allowed. I think the super is aware, but doesn’t seem to care. What kind of trouble can I get into?
A: This situation presents two potential problems: Your rent-stabilized apartment is no longer your primary residence, and you appear to be subletting it without permission.
These are civil matters, but they can create headaches and be expensive. “They’re not going to get into any criminal trouble,” said Steven Ben Gordon, a tenants rights attorney.
To live in a rent-stabilized apartment in New York, it must be your primary residence, and any sublets must be approved. Each of these issues has a different legal process. Both get tricky if your niece refuses to leave.
On the residency question, the landlord can issue a notice of nonrenewal before your lease is up, and a notice of termination. If you receive a notice of nonrenewal and then vacate by the end of the lease, that would be the end of it, said Catharine Grad, a partner at Himmelstein, McConnell, Gribben & Joseph, LLP, in Manhattan.
Your landlord can also seek to evict you because of the illegal sublet. In the event that your brothers were on your lease, and your niece is the daughter of one of those brothers, you could make a case that she could stay because she is an immediate family member of your brother, Mr. Gordon said. Be aware, though, that a succession defense is costly and can take years, with no guarantee of success.
If your landlord tries to force you out of the apartment on either of these issues and you fight it, you could end up with a housing court case and be stuck with the landlord’s attorney’s fees, depending on your lease. While it’s illegal in New York state for landlords to deny rental housing to a prospective tenant on the basis of their history in housing court, it does happen.
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