Subletting Legally: Co-op Rules, Condo Rules, and Rental Building Rules
"Can I sublet?" has three different answers in New York, and getting it wrong can cost you your apartment.
If you're a renter in a rental building
New York Real Property Law §226-b gives most tenants in buildings with four or more units a right to sublet with the landlord's consent — which may not be unreasonably withheld. The procedure matters:
Send a written request by certified mail, return receipt requested, including: the term of the sublet, the subtenant's name, address and business address, your reason, your address during the sublet, the subtenant's written consent, and a copy of the proposed sublease with your lease attached.
The landlord has 10 days to request additional information (which must be reasonable).
The landlord must respond within 30 days of your request or the additional information, whichever is later.
Failure to respond within that window is deemed consent.
If consent is unreasonably withheld, you're entitled to be released from the lease on 30 days' notice. If it's withheld without good reason, you may have a claim for costs and attorney's fees.
You remain liable on the lease throughout — a sublet doesn't transfer responsibility. For that, you need an assignment, which the landlord may refuse for any reason (but refusing unreasonably entitles you to release).
Rent-stabilized tenants: additional rules apply, including that you generally may not charge your subtenant more than your own regulated rent (plus a modest furnished surcharge where applicable). Overcharging a subtenant in a stabilized unit is a serious matter that can jeopardize your tenancy.
Primary residence: subletting your stabilized apartment while not maintaining it as your primary residence risks a non-primary-residence proceeding. Sublets are for temporary absences.
If you own a condo
Generally the most permissive. Condo by-laws typically allow owners to rent their units, subject to:
Minimum lease terms (commonly 6 or 12 months)
Notice to the board and submission of the lease
The association's right of first refusal on the lease in some buildings
Registration fees and sometimes a move-in deposit
This is why investors, foreign buyers, and anyone who might need flexibility should buy condos rather than co-ops.
If you own a co-op
The most restrictive, and the rules are building-specific — set by the proprietary lease and house rules. Common patterns:
Outright prohibition in many prestigious buildings
Limited permission — a frequent formula is 2 years out of every 5, or 1 year out of 3, after an initial owner-occupancy period (often 1–2 years)
Board approval of each subtenant — a full application, financials, and sometimes an interview, just like a purchase
Sublet fees — often a percentage of maintenance or a per-share charge, payable to the corporation
No LLC or corporate subtenants, no sublet-of-a-sublet, no pied-à-terre subtenants
Check before you buy, not after. If your life plan includes the possibility of relocating and renting out the apartment, the sublet policy is a core purchase criterion — not a detail.
Subletting a co-op in violation of the proprietary lease is a lease default. Co-ops can and do terminate proprietary leases over unauthorized sublets, which in the worst case means losing the apartment.
Short-term rentals: effectively prohibited
Rentals of fewer than 30 days in Class A multiple dwellings are generally illegal in New York City unless the permanent occupant is present. NYC's Local Law 18 registration regime requires hosts to register with the Mayor's Office of Special Enforcement, bars booking platforms from processing unregistered transactions, and has sharply curtailed the short-term market.
Beyond the city rules, nearly every lease, condo by-law, and co-op proprietary lease independently prohibits short-term rentals. Fines are substantial, and for co-op and condo owners, violations can trigger building enforcement on top of city penalties.
Don't solve a vacancy problem by creating a legal one.
Practical checklist before you sublet
Confirm the governing rules in writing — your lease, the by-laws, or the proprietary lease and house rules.
Follow the written procedure exactly, especially the §226-b certified mail steps for renters.
Screen your subtenant as a landlord would — they're living in a unit you remain responsible for.
Use a written sublease that incorporates the master lease and ends before it does.
Collect a deposit (subject to the one-month cap) and document the apartment's condition with photos.
Tell your insurer — your renters or homeowners policy may need adjusting.
Keep every approval in writing. Board and landlord consent is worthless as a memory.
This article is for general informational purposes only and does not constitute legal advice. Sublet rights are fact-specific and depend on your building's governing documents. Consult a licensed New York attorney. Sources: NY Real Property Law §226-b; Rent Stabilization Code; NYC Local Law 18 of 2022; NYS Multiple Dwelling Law. As of October 2026.
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