Lucas A. Ferrara in New York Times, Real Estate Section, A REGULATED TENANT SWAPPING SPACES, July 14, 2010
By Jay Romano
Q.
I am a tenant in a rent-stabilized apartment in Manhattan. A friend who lives in Paris has suggested that we swap apartments for a few weeks or a month. May I do this under the rent-regulation law?
A.
"Apartment swapping is a practice that could place a regulated tenancy in jeopardy," said Lucas A. Ferrara, a Manhattan real estate lawyer.
Roommates and guests are usually permitted, he said; but whenever a tenant allows someone else to exclusively occupy an apartment in the tenant's absence it is typically considered a "sublease," which most lease agreements prohibit, unless the landlord's consent is first secured.
The letter writer could be subject to an eviction proceeding, Mr. Ferrara said. He noted that while the problem would be solved once the visitor left, the letter writer might have to cover the landlord's legal fees.