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Roommate Law is not a Sublet LawDec 19, 2011

If the owners of the apartment are not living in the unit with you, then the Roommate Law does not apply. It's a straight sublet, and both you and the owners will have to follow whatever protocol the coop requires. Some coops don't allow subletting at all.

Although it may be tempting, don't try to move in and hope no one notices. If you're caught, it means major headaches for both you and the owners of the apartment. The owners will have breached their Proprietary Lease and will be responsible for all the coop's legal fees in getting you evicted.

Of course there was a NYC judge who ruled that that the Roommate Law *did* imply a right to sublet without permission (Lincoln Guild Housing Corporation v. Stuckelman). But everyone knew that was an absurd ruling that was going to get overturned on appeal, and it was.

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