[NY] Is a long-term roommate arrangement in a co-op considered a sublet?
I’m not moving out. I’ll be traveling most of the year. I’m going to have a roommate in my second bedroom and rent out my bedroom. When I’m in New York, I’ll sleep on the couch, but I’ll be gone for almost all of 9 months. Are they my roommates or subletters?
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Here are my thoughts: Under NYC law, the line between “roommate” and “subtenant” generally hinges on whether the primary resident continues to maintain the unit as their primary residence and shares the space concurrently. New York’s “Roommate Law” (RPL § 235-f) allows a tenant or lawful occupant to share the apartment with at least one unrelated person, provided the tenant/owner also resides there. In a co-op, though, the proprietary lease and house rules often control and can require board consent or prohibit arrangements that resemble subletting (RPL § 226-b). Because you plan to be away for nine months—even if you occasionally sleep on the couch—the board could view this as a de facto sublet (the other occupant has exclusive possession of your bedroom for most of the year). Co-ops commonly require prior written consent for any sublet. To avoid issues, review your proprietary lease and house rules and consider seeking formal approval if there’s any chance the arrangement will be treated as a sublet.
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In New York City, is there a law about sublets?
Lexi, Chatbot
I understand you’re looking for information about sublet laws in New York City. Have you already signed a lease for the property you’re considering subletting?
I own a co-op apartment.
Lexi, Chatbot
Are you looking to sublet the entire property or just a portion of it?
I’m not moving out. I’ll be traveling most of the year. I’m going to have a roommate in my second bedroom and rent out my bedroom. When I’m in New York, I’ll sleep on the couch, but I’ll be gone for almost all of 9 months. Are they my roommates or subletters?
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your sublet situation.
Yes.
Infolawyer
Good afternoon and welcome. Please give me a moment to review your question.
Thanks.
Infolawyer
Here are my thoughts: Under NYC law, the line between “roommate” and “subtenant” generally hinges on whether the primary resident continues to maintain the unit as their primary residence and shares the space concurrently. New York’s “Roommate Law” (RPL § 235-f) allows a tenant or lawful occupant to share the apartment with at least one unrelated person, provided the tenant/owner also resides there. In a co-op, though, the proprietary lease and house rules often control and can require board consent or prohibit arrangements that resemble subletting (RPL § 226-b). Because you plan to be away for nine months—even if you occasionally sleep on the couch—the board could view this as a de facto sublet (the other occupant has exclusive possession of your bedroom for most of the year). Co-ops commonly require prior written consent for any sublet. To avoid issues, review your proprietary lease and house rules and consider seeking formal approval if there’s any chance the arrangement will be treated as a sublet.
What if I have follow-up questions later today or tomorrow about the answer you gave?
Infolawyer
You’re welcome to submit new questions — happy to help.
Okay, thanks.
Infolawyer
Best of luck, my friend.
Infolawyer
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