Your questions answered about subletting an apartment, short-term leasing, Airbnb and more in New York City.
Subletting is a common practice in New York, where leaseholders rent out their space to other renters for a period of time. There are many reasons a renter may need to sublet. Perhaps they are leaving the City for a few months for work or personal reasons. Instead of breaking their lease, they can sublet their space to someone else to cover the costs of rent. If you’re a renter in NYC, here are 5 things you need to know about subletting your apartment.
1. Subletting for less than 30 days is illegal.
In New York City, renters cannot sublet their space for less than 30 days. So if you’re going on vacation for a couple of weeks, renting out your space is not permitted. Buildings need to be zoned to accommodate short-term rentals. For example, dormitories or hotels are permitted to lease short-term. Most residential buildings in NYC don’t have the appropriate permissions to accommodate short-term renters.
2. You can use Airbnb and other platforms to sublet.
But what about Airbnb? Airbnb and other short-term renting platforms are having a hard time in New York City, since stricter laws came into effect. All spaces listed on Airbnb for short-term renting (less than 30 days), need to apply for short-term renting permits from the city. But if you want to host for periods longer than 30 days, you can still use Airbnb without this city permit.
3. You need to notify your landlord if you want to sublet your apartment.
All renters are entitled to sublet their apartment. Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. If you want to sublet your space, you must inform your landlord and give them a 30-day notice. You will also have to submit documentation about your subtenant. They likely will have to meet certain income and credit requirements to qualify. Your landlord has the right to ask for additional info within that 30 day or period, or deny the request (with good reason). If they don’t say anything, you can assume an approval after the 30 day window has passed.
4. You CAN sublet your rent-stabilized apartment – but there are restrictions.
Rent-stabilized apartments are also eligible for sublet with a few restrictions. You can only sublet the apartment for 2 years at a time. You cannot indefinitely sublet your space. If the apartment is unfurnished, the maximum you can charge the subtenant is the same rent you pay. If you leave the space furnished, you can charge a 10% premium on the rent. Not sure if your apartment is stabilized? Check out our comments here.
Subleasing your space at the end of the day is a contract. Both parties should set clear expectations on price, security deposit, timeline and other rules. Once you get approval from your landlord to sublet, get your subtenant to sign a sublease agreement. Here is a free template to get you started.
Have you ever subleased your space? How was the experience? Was your landlord flexible? Be sure to share an anonymous review on openigloo, and help the next renter that considers your building and landlord.
New York City has some of the strongest tenant protections in the country and has a stringent process of how and when renters can be evicted from their homes. While everyone hopes to never be at risk of eviction or potentially in a combative situation with a landlord, it’s important to know your rights. Here are 4 things every renter should know about evictions and illegal lockouts.
1. Only a City Marshal or Sheriff has the authority to carry out a Warrant of Eviction.
Eviction proceedings take time, and only a court order from a judge can result in an eviction. Landlords cannot force you to leave without an eviction order. Receiving a letter from your landlord is not an eviction either. If you’re uncertain about whether a notice you’ve received is legitimate, call 311 and ask for the Tenant Helpline.
2. An illegal lockout is when a landlord changes the lock on your apartment or removes your things without a legal eviction order.
Lockouts are illegal and considered a misdemeanor in NYC. If you find yourself in this situation, you can call the police and file a report. While the NYPD cannot help you regain access to your unit, they can take your statement and supervise while you get locks changed back. Go to nyc.gov/IllegalLockouts to learn more about what to do if you’ve been locked out of your apartment.
3. Short-term tenants and undocumented renters are also protected from evictions and lockouts.
You may think that because you don’t have a lease or are an undocumented immigrant that these laws don’t apply to you. That is false. Even without a formal lease, once you’ve lived in a space for 30 days you are entitled to the same protections as any other renter.
4. Landlords cannot withhold essential utilities and repairs.
In some cases, tenants may feel pressure to leave their home because the landlord is withholding essential utilities, such as water and electricity, and repairs, like ceiling leaks and holes in the floor. This kind of behavior is considered tenant harassment and is completely illegal. If you find yourself in this situation, report it to the City and keep everything well-documented. You can take your landlord to court for harassment, and if they are found guilty of tenant harassment, they could face penalties, including applying for building permits and other City programs.
If you are unsure about any of the above or what your rights are as a tenant, call 311 and ask for the Tenant Helpline to get free one-on-one support. Tenant Support Specialists can connect you with free legal resources and other guidance. The Mayor’s Public Engagement Unit also has resources with more information on how to protect yourself against evictions and illegal lockouts.
Have you ever had a landlord that didn’t respect NYC eviction and lockout rules? In addition to connecting with City resources, be sure to share an anonymous review on openigloo and help the next renters that may consider that building. During your apartment hunt, you can also check openigloo for the eviction histories of every address in NYC. This City data can help you assess which landlord portfolios are particularly known for their eviction practices.
Radiators heat 80% of NYC buildings – and 70% of households reported that those chronically overheated. But what are radiators, how do they work, and what do renters need to know about them to survive NYC winters?
Radiators work by drawing heat from water or steam and using that heat to warm up your apartment. They are made from metal because it is an excellent conductor of heat and can usually be found in your apartment windows. Here are 4 things you should know about NYC radiators.
1. Radiators are supposed to be scorching hot.
In NYC, radiators have a few states – overworking, underworking, and in some lucky cases functioning just right! Renters had to open their windows while using radiators in the early 20th century to keep warm. This is because the city wanted to combat airborne illnesses and create ventilation in crowded apartments and buildings. Despite creating sauna-like conditions, your radiator is overheating your apartment as intended.
2. You can’t control them.
While you might want to open or close the knob on your radiator, please remember that it is only an on/off switch. This knob does not control the heat. In fact, if you leave the knob turned only halfway, you might get a lot of steam trapped – which can create a loud clanking sound.
3. You can install a valve to control heat on radiators.
Renters can buy radiator valves to install and control the heat emitting from a radiator. If you are interested in installing one, it’s important to have confirmed permission from your landlord beforehand.
4. You can request a radiator cover from your landlord if you have children under the age of 12 residing with you.
Radiators can be scorching to the touch and can pose a real danger to young children. That’s why in 2013, a New York state bill passed requiring landlords to install radiator covers at the request of a tenant residing with a child aged twelve or younger. A radiator cover is a protector that covers the hot metal pipes but still allows heat to pass through. In accordance with the rules, landlords must pay for the radiator cover installation and have 90 days to do so. If he/she fails to do so, the tenant may install a cover and deduct the cost from the rent.
5. You may need to bleed your radiator.
You may need to bleed your radiator if it’s not working or making loud clanking noises. As a result, renters must bleed radiators when there is too much trapped air in the pipes. It’s important to bring this to your landlord or super’s attention. Renters should NOT attempt to bleed your radiator on their own. In some cases, boiling water could come spraying out, both burning you and flooding your space.
Compared to other states, New York has some of the most robust sets of housing laws to protect renters. Everything from security deposit regulation to lease breaks. The catch? More often than not, renters may not have the time to know the ins and outs of every rental housing law in NYC and what applies to them. At openigloo, we’ve collected thousands of reviews from NYC renters who are sharing the good, bad, and ugly of renting in our beloved city. In many cases, we’ve read reviews where a renter complains about a landlord’s practice that is completely illegal, such as entering an apartment without notice or overcharging for late fees.
Here are 9 rental housing laws that every NYC renter should know.
1. Landlords have 14 days to return your security deposit
Renters with market-rate apartments should receive their deposits back within 14 days. Landlords have to explain and itemize damages within that 14-day window. If they don’t, they have forfeited the deposit back to you. Navigating security deposits in NYC is tough, but it’s important to know the laws in place to protect tenants from landlords unjustly keeping deposits. Check out ourpost about security deposits here.
2. You must be given 30-90 days notice if your landlord is going to raise your rent more than 5% or not renew your lease.
This law applies to market-rate (i.e., non-stabilized) apartments. If a tenant has a lease of less than one year, a 30-day notice is mandatory. A 60-day notice is required for renters who have lived in an apartment for more than one year, but less than two years. Tenants who have lived in a unit for more than two years must get 90 days notice. For rent-stabilized tenants, permitted rent increases are set by the Rent Guidelines Board every year. Landlords HAVE TO renew the leases of rent-stabilized tenants. Not sure if you have a stabilized apartment? Check out our post about rent stabilization here.
3. No, landlords cannot enter your apartment whenever they want.
Some openigloo users have written about landlords entering an apartment whenever they want, claiming, “It’s my property, so I can do what I please”. Actually, no. Landlords are not permitted to enter your apartment without appropriate notice except in cases of emergency (i.e., flood, fire, medical emergency). In all other cases, the landlord needs to provide notice to show your apartment to prospective renters or do scheduled repairs.
4. Landlords have to make a reasonable effort to re-rent your apartment if you break your lease.
Sometimes life happens, and a renter needs to break a lease. In 2019, there were landmark rent reforms that shifted some responsibility to landlords when it comes to re-renting an apartment after a tenant breaks the lease. Landlords now have what’s called “a duty to mitigate”. This means they need to make a reasonable effort to re-rent the apartment rather than simply taking you to court for unpaid rent. Check out our post about breaking a lease in NYC for more info.
5. Buildings with over 9 units, need to have a janitor available 24 hours a day.
You read that right! According to NYC’s housing maintenance code, owners of buildings with 9 or more apartments are required to provide janitorial services, either themselves or by hiring a janitor. These services need to be available 24 hours a day. According to the New York State Multiple Dwelling Law, buildings with 13 or more units in a multiple dwelling building where the owner doesn’t reside, must have a janitor that resides in the building or within 200 feet of the building.
6. Landlords are required to provide heat and hot water is one of the housing laws in NYC.
Your hot water has to be working 24 hours a day, 365 days a year. There is also a heating season (October 1 through May 31) where between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees. Between 10 p.m. and 6 a.m., heat must register at least 62 degrees Fahrenheit. The city receives tens of thousands of heat complaints every year. You can check your building’s history with heating violations on openigloo.
A tenant can be evicted in New York for several reasons. The most common include failing to pay rent or violating the lease. In order to legally evict a tenant, a landlord must get a judgment from the court allowing the eviction to occur. Before the landlord can file an eviction lawsuit, the landlord MUST give the tenant 14 days notice. COVID-19 has resulted in more eviction protection for renters who are behind on their rent. Regardless of a renter’s situation, it’s important to know that only a city marshal can evict a tenant, not a landlord.
8. Landlords cannot discriminate against you as an applicant or tenant because of your race, religion, sexual orientation, and more.
While the federal Fair Housing Act prohibits housing discrimination, the New York City Human Rights Law goes further to protect even more groups. Specifically, NYC prohibits housing discrimination based on actual or perceived race, creed, color, national origin, gender, age, disability, sexual orientation, uniformed service, marital status, partnership status, alienage, or citizenship status of any person or group of persons. If you believe you have been the victim of discrimination, you can file a complaint with the New York City Commission on Human Rights.
9. Landlords cannot charge more than $50 for late rent payments.
Late fees can only be charged if rent is received more than five days after the due date established in the lease, and cannot exceed $50 or five percent of the rent, whichever is less. Some leases will include outrageous (and illegal) late fee policies – like $100 per day. Double-check your lease and make sure any clauses included about late fees are in accordance with the law!
Renting in NYC is hard. There are so many housing laws in NYC, and they are constantly changing. Unfortunately, it’s up to renters to know their rights and make sure these laws are respected. If you have a landlord that has broken any of these laws, you can let them know and give them a chance to remediate. You can file a complaint with 311, or in extreme circumstances, take your landlord to court for damages. Whether you’re a seasoned NYC renter or have just arrived, we hope this list of 9 housing laws can help you navigate your next lease!
Have an experience to share? Submit an anonymous review about your building on openigloo, and help a future renter find (or avoid) their next apartment!
