RA-LR1 (9/19) Page 7 of 12
“Family Member” includes the spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother,
brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or
daughter-in-law of the tenant.
“Family member” may also include any other person living with the tenant in the apartment as a primary residence
who can prove emotional and nancial commitment and interdependence between such person and the tenant.
Examples of evidence which is considered in determining whether such emotional and nancial commitment
and interdependence existed are set forth in the Rent Stabilization Code. Renewal lease succession rights are also
discussed in detail in DHCR Fact Sheet #30.
8. SERVICES
Written notication to the owner or managing agent should be given but is NOT required, before ling a decrease
in service complaint with DHCR. Owners who have not received prior written notication from the tenant will
however, be given additional time to respond to a complaint led with DHCR. Applications based on a lack of heat
or hot water must be accompanied by a report from the appropriate city agency.
All emergency conditions do not require prior written notication. These include but are not limited to: vacate order
(5 day notication), re (5 day notication), no water apartment wide, no operable toilet, collapsed or collapsing
ceiling or walls, collapsing oor, no heat/hot water apartment wide (violation required), broken or inoperative
apartment front door lock, all elevators inoperable, no electricity apartment wide, window to re escape (does not
open), water leak (cascading water, soaking electrical xtures), window-glass broken (not cracked), broken/unusable
re escapes, air conditioner broken (summer season). Complaints to DHCR on the appropriate DHCR form that cite
any of these emergency conditions will be treated as rst priority and will be processed as quickly as possible. It
is recommended that tenants use a separate DHCR form for any problematic conditions that are not on this
emergency condition list.
Certain conditions, examples of which are set forth in the Rent Stabilization Code, which have only a minimal
impact on tenants, do not aect the use and enjoyment of the premises, and may exist despite regular maintenance
of services. These conditions do not rise to the level of a failure to maintain required services. The passage of time
during which a disputed service was not provided without complaint may be considered in determining whether a
condition is de minimis. For this purpose, the passage of 4 years or more will be considered presumptive evidence
that the condition is de minimis.
The amount of any rent reduction ordered by DHCR shall be reduced by any credit, abatement or oset in rent
which the tenant has received pursuant to Sec. 235-b of the Real Property Law (“Warranty of Habitability”) that
relates to one or more conditions covered by the DHCR Order. For additional information see DHCR Fact Sheets #3,
#14 and #37.
9. SUBLETTING AND ASSIGNMENT
A tenant has the right to sublet his/her apartment, even if subletting is prohibited in the lease, provided that the tenant
complies strictly with the provisions of Real Property Law Section 226-b. Tenants who do not comply with these
requirements may be subject to eviction proceedings. Compliance with Section 226-b is not determined by DHCR,
but by a court of competent jurisdiction. If a tenant in occupancy under a renewal lease sublets his/her apartment,
the owner may temporarily increase the rent by the current rent guidelines board adjustment, regardless of whether
the owner has increased the rent by the guidelines board amount within the prior twelve months. This char
ge may
be passed on to the sub-tenant. However, upon termination of the sublease, the Legal Regulated Rent shall revert to
the Legal Regulated Rent without such temporary increase. The rent increase is the allowance provided by the NYC
Rent Guidelines Board available when the tenant’s lease commenced, and it takes eect when the subletting takes
place.
A tenant who sublets his/her apartment is entitled to charge the sub-tenant the rent permitted under the Rent
Stabilization Law, and may charge a 10% surcharge payable to the tenant only if the apartment sublet is fully
furnished with the tenant’s furniture. Where the tenant charges the sub-tenant any additional rent above such
surcharge and sublet allowance, if applicable, the tenant shall be required to pay to the sub-tenant a penalty of three
times the rent overcharge, and may also be required to pay interest and attorney’s fees. The tenant may also be
subject to an eviction proceeding.
Assignment of Leases
In an assignment, a tenant transfers the entire remainder of his or her lease to another person (the assignee), and
gives up all of his/her rights to reoccupy the apartment.