Landlord Who Unreasonably Refused Sublet Request Can't Collect Sublet Allowance

Landlord refused tenant's sublet request and sued to evict for illegal subletting. The court ruled for tenant and permitted the sublet. Landlord then asked the DHCR if it could collect the temporary 10 percent sublet allowance permitted under Rent Guidelines Board Order #34. In an opinion letter, the DHCR said no. The Rent Stabilization Code permits landlord ''who consents to'' a sublet request to temporarily increase the legal regulated rent by the permitted sublet allowance. Since landlord didn't consent to the sublet, it couldn't collect the sublet allowance.

DHCR Opin. Ltr. by Charles Goldstein (10/8/02) [2-pg. doc.]