An issue addressed in this column in 1985,1 and one which continues to challenge co-op boards, is subletting by shareholders of their apartments. Co-op proprietary leases generally restrict and may even prohibit subletting, and courts have generally upheld such restraints as reasonable, in furtherance of the co-op's objectives—maintaining owner occupancy in the building by those with an equity stake rather than renters. A typical lease provision prohibits subletting,
unless consent thereto shall have been duly authorized by the Directors. Any consent to subletting may be subject to such conditions as the Directors or lessees, as the case may be, may impose. There shall be no limitation on the right of Directors or lessees to grant or withhold consent, for any reason or for no reason absent unlawful discrimination, to a request to sublet.
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