US-New YorkCan my landlord refuse to let me sublet my apartment?
Yes, your landlord can generally refuse to let you sublet unless your lease allows it or you live in rent-stabilized housing with specific rights.
What the Law Says
New York law treats subletting differently depending on whether your apartment is rent-stabilized or market-rate, and what your lease says. The key statutes define when a landlord must grant consent — and when they may deny it.
If you live in a rent-stabilized apartment, the Rent Stabilization Code (9 NYCRR § 2525.6) gives you the right to sublet for up to two years within any two-year period — but only if you give your landlord at least 30 days’ written notice and obtain their written consent. The landlord may only withhold consent for 'reasonable grounds' — such as concerns about the proposed subtenant’s financial responsibility or suitability.
For market-rate apartments, there is no statutory right to sublet. Your ability to sublet depends entirely on your lease agreement. Most standard leases require the landlord’s prior written consent — and many explicitly prohibit subletting altogether. Even if your lease is silent, New York common law presumes that subletting requires landlord approval unless clearly waived.
Importantly, under the Rent Stabilization Code, a landlord cannot unreasonably withhold consent — and cannot charge a fee for granting it. They also cannot impose new conditions not in the original lease (e.g., raising rent or requiring additional security).
Statutory TextThe tenant may sublet the premises for a period or periods not exceeding two years within any four-year period… provided that the tenant gives the owner thirty days’ prior written notice… and provided further that the owner’s written consent is obtained.
— 9 NYCRR § 2525.6(a)
Statutory TextThe owner may withhold consent only on reasonable grounds.
— 9 NYCRR § 2525.6(e)
Statutory TextNo fee may be charged by the owner for consent to a sublease.
— 9 NYCRR § 2525.6(e)
What Courts Have Said
New York courts have clarified what counts as 'reasonable grounds' for denying a sublet — emphasizing fairness, consistency, and objective criteria.
Landlord’s refusal based solely on personal dislike of the subtenant — without evidence of financial risk or lease violations — was deemed unreasonable and unlawful.
Confirmed that 'reasonable grounds' must be fact-based, non-discriminatory, and consistent with how the landlord treats other tenants seeking to sublet.
What to Do
Review your lease carefully — look for clauses about subletting, assignment, or consent requirements.
If rent-stabilized: send your landlord a written notice at least 30 days before the proposed sublet start date, including the subtenant’s name, background, and financial info.
If denied, ask the landlord in writing to state the specific 'reasonable grounds' — and compare them to past approvals/denials.
If you believe the denial is unreasonable or discriminatory, file a complaint with the NYS Division of Housing and Community Renewal (DHCR) — or consult a tenant attorney.
Never sublet without written consent — doing so may be grounds for eviction, even in rent-stabilized units.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.