Am I able to have an unrelated person reside rent free in my apartment while I’m away if my coop board has declined my petition to sublet?

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Am I able to have an unrelated person reside rent free in my apartment while I’m away if my coop board has declined my petition to sublet?

I own an apartment (actually shares in a co-op). I am moving abroad for work and petitioned my self managed co-op board to sublet. They declined my petition without reason. Technically, they are not required to disclose the reason for rejecting my petition to sublet and I have not pursued the reason. I will be occupying the apartment intermittently and will still claim the apartment as my principle residence, continuing to pay NY state taxes, mortgage, co-op fees etc, and receive my mail at this residence. Am I allowed to have a friend occupy rent free?

Asked on August 23, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to answer your question, you need to carefully read all recorded "covenants, conditions and restrictions" concerning your property which you own in that the recorded documents and any rules created as a result of the recorded "covenants, conditions, and restrictions" will control what you can do and not do with respect to your property and the possibility of having a "guest" reside in your unit rent free.

Most likely there is no prohibition as to your property and the ability to allow a "guest" stay in the unit rent free. If you will still be occupying the unit from time to time, I see no rationale basis prohibiting its use by a third party friend. An occupied unit is always best from a safety standpoint in the event something goes wrong inside it.

Good luck.


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