Yes, you can sublet a rent-stabilized apartment in New York. You just can't overcharge your subtenant. You are specifically prohibited from asking for more rent than you pay, with two exceptions:
- The law allows your landlord to raise the rent by 10% during a sublease. You can pass the added expense onto your subtenant.
- If your sublet is furnished, then you can charge an additional 10% for the monthly rent.
That caps any rent increases for sublets at 20%. If you try and charge more, your subletter could file a complaint with the New York State Division of Housing and Community Renewal—and, if they approve the complaint, you'll be required to pay your subletter three times the overcharge in damages. These regulations are outlined in more detail in their fact sheet on sublets.
The information provided on this website does not, and is not intended to, constitute legal advice.