From time to time a Unit Owner or a Shareholder will place an illegal sublet into their unit without the prior written authorization of the Board of Managers or the Board of Directors in that particular building. One Board Member had inquired if they could take it upon themselves to remove the sublet directly or if they needed to go to bat with the Shareholder in question, first.

The relationship between the illegal tenant and the Board actually does not exist. The relationship that does exist is between the Board of Managers / Directors and the Unit Owner / Shareholder. It would be illegal (in NY) for the Board to evict the illegal sublet without going through the legal process of eviction. The action should not be brought against the illegal subtenant, but should be brought against the Unit Owner / Shareholder directly.

Failing to remedy the illegal sublet may lead the Unit Owner / Shareholder to be evicted from their property and in turn, the illegal subtenant would also be evicted as well. We can hope that it doesn’t get quite that far and the two parties can work it out prior to ending up in Housing Court.