Subletting a rent-stabilized apartment in NYC
A rent-stabilized tenant in New York may sublet with the landlord's consent, which cannot be unreasonably withheld, but only if the apartment remains the tenant's primary residence and the tenant intends to return; the sublet may not exceed two years in any four-year period; and the subtenant may be charged no more than the legal regulated rent, plus a 10 percent surcharge only if the apartment is sublet fully furnished with the tenant's own furniture. Overcharging a subtenant or giving up primary residence can cost the stabilized tenancy.
Reviewed October 28, 2026 by the SubletNY team against the sources listed at the end.
Primary residence is the whole game
Stabilization protects a home, not an investment. If the landlord can show that the apartment is no longer your primary residence, the lease need not be renewed. A long sublet, a driver's licence or voter registration elsewhere, or a second home can all be evidence. Keep the apartment as your legal address, keep paying the rent yourself, and keep records showing you intend to return.
Two years in four, and the rent
The sublet, or the total of several sublets, may not exceed two years in the four-year period ending on the last day of the proposed sublease. The subtenant pays no more than the legal rent on the lease, plus 10 percent if the apartment is sublet furnished with the tenant's furniture (not a token lamp: furnished means furnished). A rent-stabilized tenant who charges more is overcharging, and the subtenant can recover the overcharge.
The consent request
The same § 226-b procedure applies: certified mail, the full list of items, thirty days to answer, silence is consent. Add a line stating that the apartment will remain your primary residence and that you intend to return. The landlord may charge the sublet allowance (the 10 percent) to you during the sublet when the apartment is furnished.
When not to sublet
If you do not plan to return, a sublet is the wrong tool and the lease should be surrendered instead. If you are in a preferential-rent or Section 8 arrangement, ask before acting. This guide is general information from public sources, not legal advice; for a dispute, speak to a tenant lawyer or a tenant association.
