KRNS

My son will be out of state on a month to month contract. I'll be staying periodically in his apt but am wondering if I can do something like couch surfing for Fodorite members only to offer the bedroom for a nyc visit for a fee. We do not want to sublet or do anything illegal, just something to offset his rent for the time being.
Is anything like this a legal possibility.
I live out of state so would not be there much. I am not on the lease.
Thanks for any advice.

Moderator3

Moved to US forum.

SusieQQ

Does he own or rent the apartment? Condo and Coop boards would need approval if he owns. If renting then his lease needs to be checked.

Here is a good article on the subject:

The Risk of Renting Out a Room in Your Apartment Home Guides SF Gate

Kathie

Be aware that NYC has some strict regulations about rent out one's apartment. The linked article is from San Francisco, so doesn't include info on the specific issues in NYC. Even you, as a family member would raise some issues in NYC, but would be legal. You renting out a room or allowing couch-surfing while you are staying there might endanger your son's lease.

SusieQQ

Yes, that article I sited is about SF, but there is a lot of good information in general that should be considered., Kathie.

Renting a room in an owner's apartment is usually legal in NYC, if the owner is also there. But, he wouldn't be so that is a problem. And the regulations by the condo or coop board or his lease if renting are issues.

KRNS

I do not want to advertise to the public; just if anyone here on Fodor's, as a "friend", wants to stay for a visit. While my son is away he says I can have any of my friends use the apt so I thought if any of my Fodor friends were interested, and as a Thank you, wants to give me money, it would be alright.

Over a decade ago I was dating a man who was staying at a friends apt for a year, I don't remember where the friend was, but I know an actual sublease was never signed, it was a casual situation between friends. This is what gave me the idea to do something similar.


Thank you for your thoughts SuzieQQ and Kathie.

SusieQQ

I wouldn't take the chance. The factor is paying for the room. This is a huge issue in NYC now. If someone else in the building suspects anything illegal, you and your "friend" could be kicked out. And your son could loose his lease.

Kathie

SusieQQ, yes, there is good info in the article, I just meant to point out that the issues in NYC are more complicated than in most places - even San Francisco. Thanks for posting the link.

HappyTrvlr

We have stayed at a friend’s condo in NYC in her absence and we had to be approved by the condo board, investigated, first.

KRNS

It's not a condo, just a normal apt building that he has a regular monthly rent but I will have to find out from him what the lease states.
It's just something I thought of when he said I could have friends stay. I live 2 1/2 hours away and have stayed there with my grandkids many times. It seems a shame to have it empty when a Fodor's friend could use it for a very good price. Only one bedroom but I have slept very comfortably on the "L" shaped sofa and the pull out sofa in the sunken living room.
It's within walking distance to the Cloisters and Inwood Park. Saturday I walked to the Farmer's Market a few blocks away and the "A" train is 3 blocks away. It is perfect for someone wanting to visit the city but I want only to make it available to my personal friends or my internet Fodor's friends and only for the summer until son knows if his position will become permanent then he will give up apt. I am not trying to make a business of this, just thought it would be a win/win for friends and son.
I appreciate all the thoughts on this. I know I will make use of this, I am friendly with the superintendents wife and have spoken to the landlord so I am not a stranger there.

Christina

It's illegal, you want to rent out an apt to tourists when the owner isn't in residence. On top of that, you are trying to make money from your son's apt and he doesn't even apparently know about it, just said some friends could stay with you. People on the internet you don't know aren't really friends, and if they are paying, they are still clients. Pretending is is free and someone is just giving you money as a gift won't fool anyone. That's paying whatever you call it. If I were your son, I'd be angry that you are contemplating renting out his place to strangers from an internet forum when he didn't even say you should do that.

WhereAreWe

I highly doubt you are privy to conversations between the OP and her son.

KRNS has been on Fodors for 10 years, I suspect she may actually have friends that she's met through this site. Even without a face to face meeting, it is possible to get to know people and their personalities via internet.

To the OP: if you want to offer it to friends on here, I'd suggest sending them private messages. This thread may end up getting some hits and random people may message you if they run across it, but you'd be safer to just offer it to people you are more familiar with. (Pretty sure you already know that so I'm stating the obvious). You'll still want to heed everyone's advice about whether it's a good idea or not based on his lease. You may want to consider a reciprocal arrangement where you stay with those friends in their city some time in the future to avoid the money issue.

ellenem

As a Manhattan resident for more than 40 years, I have two concerns about this.

As others have mentioned, as soon as money changes hands, your son will probably be in violation of his lease. Every Manhattan lease I have ever seen includes a no-subletting-without-landlord-permission clause.

Please be VERY careful about what you say to the super and anyone else in the building about your son's absence. I have heard of more than one instance of a landlord trying to evict a totally legal tenant, claiming that the person did not really live there anymore. The legal requirement is for the person to occupy the apartment more than 180 days per year. Depending on the landlord, if they hope to get a new tenant and raise the rent, they may begin an eviction process if they have an inkling your son may not live there anymore--or live there enough.

I had this happen to a friend. While she was away on a 30-day vacation I was stopping by once a week to water plants and take in mail, only to find the eviction notice posted on her door. (Imagine the phone call I had to make.) Yes, she was away on an extended vacation, and yes, she spent a lot of nights at her boyfriend's place, but there was really no question this was her legal apartment. Yet she had to hire a lawyer to get the landlord to back down. It was obvious to her that when asked by the landlord about her, some worker in the building (doorman? super?) must have mentioned that she seemed to be away a lot. And then she had to begin keeping a record of time spent in her own home, just in case they tried again.

marvelousmouse

I think Christina came across as harsh, but she’s not wrong.

The minute money changes hands, the person is no longer a friend or family, but a subletter. You’re violating the lease. Obviously I don’t know about your son’s specific lease, but mine explicitly says that I cannot sublet at all, and if I have guests stay “ frequently”, I have to get landlord permission because of the water bill and other concerns. FYI: your boyfriend’s “casual arrangement” violated the terms of his lease unless the guy had explicit permission to be there from the landlord. I know plenty of people who did that in college, and the only reason any of them got away with it is they didn’t get caught. If you get caught, you get evicted unless you have a very lax landlord.

Also, re:internet friends. I’ve been on fodor’s for years too. I wouldn’t hesitate to meet many of you for coffee or sightseeing. But 1) you can’t really claim to know someone if you’ve never met them and 2) the argument doesn’t apply because they aren’t even the leaseholder’s friends. It’s not like the son can vouch for anyone if his landlord asks “who are these people?”

so unless your plan is to be in the apartment with your friend, like on vacation, and no money changes hands, then no. It sounds like your son has a pretty sweet apartment, and he wouldn’t want to lose that.

obxgirl

>>>>I do not want to advertise to the public; just if anyone here on Fodor's, as a "friend", wants to stay for a visit.

NeoPatrick

Thank you for reminding us why those short term rentals in NYC are illegal. I'm trying to imagine being a resident in another apartment in your son's building putting up with this kind of illegal activity.

suze

Yes you need to read the lease. I am guessing it's not legal because you would basically be subletting (unofficially & short-term at that) if you accept money from people (even if they are your "friends") for staying in a vacant apartment. You think the neighbors aren't going to notice different people coming and going and report the activity to the landlord or property manager??

Too bad this post was moved because it's more of a Lounge topic, than about NYC!

obxgirl

Ridiculous.

Short term apartment lets in NYC and other major US cities are absolutely a worthy travel topic for the US forum.

Half of the European forum would be purged if apartment rentals in Paris were considered a "Lounge" topic.

suze

Half of the European forum would be purged if apartment rentals in Paris were considered a "Lounge" topic.

And that would be a bad thing?

curiousgeo

I agree with suze on the coming and going of different people in the building. I live in a medium sized complex with many long time residents. New faces arriving and leaving with rolling bags are very much noticed.

Most are legitimate guests, visiting friends or family. But it was quickly discovered one absentee owner was doing an Airbnb rental. That was quashed immediately. People aren’t blind or stupid.