Subletting
How to Choose a Subtenant Fairly and Lawfully
Choose a subtenant on the stay, not the person: do their dates fit, can they pay, do their references check out, and will they follow the house rules. Ask everyone the same questions, and never choose or refuse someone because of who they are. In New York that is illegal.
Sublet Buddy Guides4 min read
Times Square. Photo: Sublet Buddy.
In This Guide 7 sections
The Short Version
- Fair questions are about dates, payment, references, pets, smoking and schedule.
- Ask every person the same questions in the same order.
- Never choose or refuse someone over a protected trait, and never hint at a preference.
- Your landlord has to approve the person in writing too.
Decide What You Need Before Anyone Writes
Write down your requirements before the first message arrives: the exact dates, the monthly rent, how and when it is paid, and the house rules. Those are your criteria. Apply the same ones to everybody.
Deciding first keeps you fair, and it makes the choice easier. You are checking people against a list, not going on a feeling.
Questions You Can Ask
Every fair question is about the stay.
- What dates do you need, and are they fixed?
- How will you pay the rent, and can you show you can cover it, for example an offer letter, a pay stub, a funding letter, or a guarantor (someone who promises to pay if you cannot)?
- Can you give a reference, such as a past landlord, roommate or employer?
- Will anyone else be living in the room with you? (How many people, not who they are.)
- Do you have pets? Do you smoke?
- What is your usual schedule, so it works with roommates who are staying?
- Are you comfortable with the house rules in the listing?
You may ask about income to see whether someone can pay. You must treat every lawful source of income the same, including housing vouchers and other assistance.
What the Law Says You Cannot Do
New York City and New York State law make it illegal to choose or refuse someone for housing because of race, color, religion or creed, sex or gender, gender identity, sexual orientation, national origin, citizenship or immigration status, disability, age, marital or partnership status, family status (such as having children or being pregnant), lawful source of income, lawful occupation, military status, or status as a survivor of domestic violence, among other protected traits. Some narrow exceptions exist for certain shared living situations, but the simple and fair rule is to treat everyone the same and choose on the stay, not the person.
That covers the questions too. The city’s guidance says questions that reveal a protected trait are generally off limits, even if you ask everyone. So do not ask where someone is from, how old they are, whether they are married or have children, about their religion, or about a disability.
Do not ask for a photo with an application. If you check ID, accept any government ID and ask it of everyone. Leave arrest and criminal records out of it: New York limits how they can be used in housing decisions.
Have a Call and Show the Place
Keep your notes. If anyone ever asks why you chose one person over another, "their dates matched and their reference checked out" is the answer you want to be able to give.
- Reply to everyone in the order they wrote, with the same short list of questions.
- Offer a video call or a visit to anyone whose dates and budget fit. Walk them through the room, the shared spaces and the house rules.
- Call or email the reference. Ask two things: did they pay on time, and did they leave the place in good shape.
- Introduce the front-runner to roommates who are staying, to go over the shared-space rules.
- Choose the first person who meets all your criteria, and tell the others promptly and politely.
Look After Yourself Too
Be careful with anyone who wants to pay before seeing the place, sends more money than agreed and asks for some back, or will not get on a call. Those are common signs of a scam aimed at the person subletting.
Get the Landlord’s Approval for This Person
Your landlord’s written approval is for a specific person and specific dates. In a building with four or more apartments, the formal request names the proposed subtenant, and the landlord may ask reasonable questions about them. Tell the person you choose that this step is coming.
If you think you have been treated unfairly yourself, or want to check a rule, you can reach the NYC Commission on Human Rights through 311.
Questions
What questions can I ask a potential subtenant?
Questions about the stay: dates, how they will pay, references, how many people will live there, pets, smoking, schedule and the house rules. Ask everyone the same ones.
Can I choose a subtenant based on gender or age?
No. Choosing or refusing someone because of sex, gender identity, age or any other protected trait is illegal in New York, and you should not state a preference either.
Can I ask a subtenant for proof of income?
Yes, to see whether they can pay the rent. Treat all lawful income the same, including vouchers, benefits, family support and a guarantor.
How do I check a subtenant’s references?
Call or email a past landlord, roommate or employer and ask whether the person paid on time and left the place in good condition.
Does my landlord have to approve the subtenant I choose?
Yes. Get your landlord’s written approval for the named person and dates before they move in.
More in Subletting
- How to Sublet Your Apartment for the Summer in NYC2 min read
- How to Handle Your Sublet: A Start-to-Finish Playbook3 min read
- Sublet Checklist: What to Do Before You Leave4 min read
- How to Photograph Your Room for a Sublet (Phone Only)3 min read
- How to Ask Your Landlord to Sublet in New York4 min read
- Subletting with Roommates: How to Do It Right4 min read
- What to Do with Your Stuff When You Sublet Your Room4 min read
- When to List Your Sublet in NYC: Timing by Season4 min read
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Still Have a Question?
Answers come only from our own guides, with the guides linked so you can read the detail.
Official Sources
- Fair Housing NYC (NYC Commission on Human Rights and HPD): protected classes
- Fair Housing NYC (NYC Commission on Human Rights and HPD): tenant selection
- NY State Division of Human Rights: protected characteristics
- NY State Division of Human Rights: source of income discrimination
- New York Real Property Law § 226-b: right to sublease or assign (NY State Senate)
Laws, prices and city rules change. Check these pages for the current version before you rely on any summary, including this one.
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<a href="https://www.subletbuddy.com/guides/how-to-choose-a-subtenant">How to Choose a Subtenant Fairly and Lawfully</a> (Sublet Buddy Guides)This is general information, not legal advice. Rules differ by state, city, building and lease. Check your lease, get your landlord’s written approval before you sublet, and ask a local attorney about your situation.
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