Sublease Fees

[gman310]

State: New York

I sublet an apartment in a West Side co-op, and the Board has recently approved a 25% annual service fee on top of the maintenance for all persons who are subleasing or sharing their apartment.

The Proprietary Lease states that “The Board of Directors shall have the authority before an assignment or sublet of a proprietary lease...to fix a reasonable fee to cover actual expenses and attorneys’ fees of the Corporation, a service fee of the Corporation and such other conditions as it may determine”. There is a tenant’s Review Committee which approves all subleases and non spousal shares prior to occupancy.

As my sublease was approved in 1997, and there has been no change in the tenancy in my apartment (which would trigger a new approval), am I subject to such a fee after the assignment has been accepted by the Board?

Gman310
New York, NY

 

[JETX]

As my sublease was approved in 1997, and there has been no change in the tenancy in my apartment (which would trigger a new approval), am I subject to such a fee after the assignment has been accepted by the Board?

Depends. What did the Board say when you asked THEM??

 

[gman310]

I have not yet approached the Board, as I have just received the letter, and am exploring my options.

It is my impression. from the tone of the letter, that they are desirous of collecting this fee from all subleasers or owners sharing their apartments.

The Board has stated a position that they desire that all apartments be owner occupied, but there are at least two owners (including myself) who wholly sublease their apartments, and at least two others who share their (two bedroom) apartments with non-spousal roomates, and one owner who shares his apartment with his "significant other".

GMan310

 

[JETX]

Wonderful.

 

[HomeGuru]

Ditto.............

 

[gman310]

So would you be able to tell me what my options are?

Or do you need more information?

GMan310

 

[You Are Guilty]

So would you be able to tell me what my options are?

Or do you need more information?

GMan310

Your options are to pay it, or don't. If you choose the latter, expect the Board to take action after a month or two of your failure to pay. You might be able to make an argument as far as exactly when the new fee would apply to your sublease (i.e. upon renewal and not immediately), but that's about the only "loophole" you have.

 

[HomeGuru]

options, sloptions........so few and far between............

 

[gman310]

Thanks for your advise.

GMan310

 

[Some Random Guy]

Although GMan seems to have limited options, what about the other non-married couples in the building?

Would this policy run afoul of laws against discrimination against marital status. New York State law adds marital status to the list of protected classes for housing discrimination.

 

[JETX]

Although GMan seems to have limited options, what about the other non-married couples in the building?

ROTFLMAO!!! No.

 

[You Are Guilty]

Although GMan seems to have limited options, what about the other non-married couples in the building?

Would this policy run afoul of laws against discrimination against marital status. New York State law adds marital status to the list of protected classes for housing discrimination.

So you're suggesting the poster "go gay" so he can avoid paying the fee? That's a novel idea. (I think you're missing the point here. Read the question again).

 

[gman310]

Although I have wonder if the law would protect gay roomates from this surcharge, while impacting straight roomates (does it therefore discriminate against straight people?) that would be another discussion for another time.

My question is can a resolution to accept a subtenant be materially altered (by adding a surcharge) after the date of the resolution?

The Proprietary Lease states that “The Board of Directors shall have the authority BEFORE an assignment or sublet of a proprietary lease...to fix a reasonable fee to cover actual expenses and attorneys’ fees of the Corporation, a service fee of the Corporation and such other conditions as it may determine”.

Would this resolution be subject to those limitations?

GMan310

 

[Some Random Guy]

So you're suggesting the poster "go gay" so he can avoid paying the fee?

My post seemed rather clear that I was not referring to the OP -and in fact has nothing to do with anyone's sexual orientation. This was an off-topic discussion asking about a point of law as to whether a Co-op can charge married couples and unmarried couples (including hetero ones) different rates based solely on marital status.

New York has specifically made marital status a protected class for discrimination.

The law: http://www.dhr.state.ny.us/hrlaw.html#296

Which contains:
5. (a) It shall be an unlawful discriminatory practice for the owner,6 lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof:

(1) ...

(2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age,
disability, marital status, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in
connection therewith.

 

[You Are Guilty]

Lighten up, Francis, it was a joke.

Anyway, the point you're missing is that being that it is illegal for gays to marry in NY, there is no discrimination based on their "marital status" (or lack thereof). (And if it ever becomes legalized, it will almost certainly be an issue for the Courts to resolve.)