Can a Rent Stabilized Tenant Rent Out a Room
My question involves landlord-tenant law in the State of: New York, New York.
I have lived in a rent stabilized apartment in brooklyn for about 6 or 7 years now. My roommate is moving out and I am the only person on the lease. Can I rent the extra room as a short term rental (anything from days or weeks to months at a time) using something like airbnb? I'm not looking to make a profit - just cover half the rent per month as I have in the past.
The only difference is that I'd be renting out a furnished room for shorter periods of time.
Any help would be greatly appreciated!
Re: Rent Stabilized Roommate Options
It looks like the courts are going to answer that with a "no".
Quote:
Quoting Eviction Case
A Manhattan Housing Court judge has ruled that rent-stabilized tenants can’t double-dip — or get a financial break and turn around and make money peddling their pads to tourists on websites such as Airbnb.
The ruling is the first to outright evict a tenant under rent controls without giving him a second chance, said Frank Ricci of the Rent Stabilization Association, which represents more than 25,000 landlords.
Re: Rent Stabilized Roommate Options
Isn't that ruling regarding renting the apartment and not living there? I'd be looking to stay in the apartment and just rent out the second room. Also- I'd only be looking to earn half my rent to make up for a current roommate moving out.
I've read I can rent out the room for more than 30 days without issues. But if it's under 30 and I'm not in the apartment at the time then it's not ok.
I just can't find anything specific about under 30 days while I'm still in the apt.
Or does this ruling overshadow that as well?
Re: Rent Stabilized Roommate Options
According to the New York City Rent Guidelines Board, you may sublet a rent stabilized apartment but you must do it properly. You are required to ask for a permission though a landlord can not refuse reasonable requests to sublet. The owner is allowed to charge a 10% sublet allowance. You are only allowed to sublet for two years out of any four year period. It is not required that you occupy the property while subletting.
Re: Rent Stabilized Roommate Options
Ron, she doesn't want to sublet. She wants to rent out a bedroom to what I guess would be a boarder.
Re: Rent Stabilized Roommate Options
Thanks bud. I was just going to add - this apartment is my primary residence. I don't have another place to live so the person would be a roommate.
I'm pretty sure I've read rent stabilized tenants are allowed 1 roommate outside of a family member without question (if landlord request info I'd submit it of course)
So my question is about finding roommates to live in my apartment with me for less than 30 days.
Ideally I'd rent 2 weeks a month and not make more than half my full rent.
Re: Rent Stabilized Roommate Options
If it's a privately owned building and not getting any rent subsidy like section 8, she can take in a roommate (paid or free) as well as long as she is the ONLY person on the lease. If there is more than one tenant listed on the lease, she is not allowed to do this. In this case permission isn't needed, but notification is required.
Re: Rent Stabilized Roommate Options
Building is privately owned.
It is rent stabilized but other than being rent stabilized I pay the full rent amount every month. (So I don't believe section 8 is involved)
I am the only person on the lease.
In the event of renting the extra room for 2 weeks a month to different people would the landlord really want to be notified for each person? Or just the general idea that I'd be renting it 2weeks a month to different people?
Re: Rent Stabilized Roommate Options
You'd know if you were section 8 or whatever, you'd have had to show you didn't make enough money.
You can tell the first time and see what the landlord wants as far as notification. Actually, there appears to be no statutory recourse if you fail to tell him.
Re: Rent Stabilized Roommate Options
So would that mean there is no law or ruling that says a rent stabilized tenant living in their apartment can not rent a seperate furnished room in the same apartment unit to another individual for less than x amount of days? Given I'm the only person on the lease and live, full time, in the apartment in one of the two bedrrooms.
Or better yet is there a law or ruling stating the opposite - that this is completely allowed.