Is Your Board Prepared for Apartment Swappers?

Jan. 22, 2016 — It sounds like a twist on a novel by the late Irish writer Maeve Binchy: a woman in Dublin and a woman in New York City agree to swap apartments for a year. And suddenly the resident in Apartment 4-C of your building has flaming red hair, a thick brogue, and a tendency to belt show tunes late into the night. If your building doesn’t have a provision forbidding or regulating apartment swapping, you’re stuck with the obstreperous Irishwoman for the coming year.

That’s why smart co-op boards have rules governing guests – as opposed to sub-letters. Some limit visits to 30 days, or require an occupant of the apartment to be present during a guest’s stay, notes the Ask Real Estate column in the New York Times. In some buildings, according to real estate lawyer Lawrence Chaifetz, shareholders are required to get written permission from the board for guests to stay alone or for longer than 30 days.

If your building doesn’t have a policy in place, you’re leaving yourself open to surprises like the red-headed apartment swapper from Dublin. Real estate lawyer Dean M. Roberts advises shareholders in such buildings to “simply play dumb” if they want to swap their apartment. “If you ask permission, you’re going to get a ‘no,’” Roberts says. “It’s easier to get forgiveness than permission.”

Smart boards require permission so they aren’t asked to forgive.