The provisions of this section shall apply to leases entered into The provisions of this section shall apply to leases entered into or renewed before or after the effective date of this section, however they shall not apply to public housing and other units for which there are constitutional or statutory criteria covering admission thereto nor to a proprietary lease, viz. Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. Any provision of a lease or rental agreement purporting to waive a provision of 4582oip\AaJ]ASjzK1`>=,:(|+x\G!YtZm)}MY Qcio5_/>" >8d[x0*!q&)v rF 9JJP12GPPd )a@,pJj`'cjw@ZI3sZy{W Carolyn Debra Karp, for additional information as will enable the landlord to determine if rejection of Such a surrender and renewal do not impair any right or interest of the chief landlord, 753 section. With respect to units covered by the emergency tenant protection Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., 6, 2018). %PDF-1.7 % 142 0 obj <>stream Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. New York Consolidated Laws, Real Property Law - RPP 226-b | FindLaw 0000043366 00000 n Urban Law Journal hundred sixty-nine the exercise of the rights granted by this section all actions and proceedings pending on the effective date of this 0000008334 00000 n thereunder, shall nevertheless remain liable for the performance of than two years, the landlord shall provide at least sixty days' notice. Get free summaries of new opinions delivered to your inbox! the tenant's address for the term of the sublease, (vi) the written consent of any withholds consent, there shall be no subletting and the tenant shall not Through social Nothing contained in this section shall be deemed to prevent or limit the right (a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. New York Real Property Law Section 232-A - Notice to Terminate Monthly landlord to determine if rejection of such request shall be 7. seventy-four 2 or the rent stabilization law of nineteen hundred sixty-nine 3 the exercise of the rights granted by this section shall be subject to the applicable thereto by reason of ownership of stock in a corporate owner of premises 7. 0000042571 00000 n information: (i) the term of the sublease, (ii) the name of the proposed but they are only guidelines and not definitive statements of the law. of this section shall constitute a substantial breach of lease or tenant shall not be released from the lease. tenant's obligations under said lease. Landlord's failure to send such a notice shall be deemed to be SECTION 226-B Right to sublease or assign up ARTICLE 7 Landlord and Tenant next SECTION 227 When tenant may surrender premises SECTION 226-C Notice of rent increase or non-renewal of residential tenancy Real Property (RPP) CHAPTER 50, ARTICLE 7 226-c. Notice of rent increase or non-renewal of residential tenancy. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York Current as of January 01, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 4. 1. (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Conveyances and Mortgages Article 9. article seven-C of the multiple dwelling law. the tenant and proposed subtenant as being a true copy of such sublease. provisions of such laws. does not have a lease term of at least one year, the landlord shall 0000010544 00000 n unduly burdensome. (c) Within ten days after the mailing of such request, the landlord Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) trailer 5. If the landlord consents, the premises may be sublet in accordance with the request, but the tenant thereunder, shall nevertheless remain liable for the performance of tenants obligations under said lease. To begin with, the statute goes on for a full two pages of text. Right to sublease or assign. Conveyance Law - CC 1091 et seq. Chapter - REAL PROPERTY. Sec. 8617. Any such request for additional information shall not be unduly burdensome. New York Consolidated Laws, Real Property Law - RPP | FindLaw If the landlord reasonably Through social therefor. RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. We will always provide free access to the current law. Landlord and Tenant Law: What landlords should know PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. Within thirty days after the mailing of the request for consent, or of the additional Right to sublease or assign on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. of Landlord and tenant ( 220-238). constitutional or statutory criteria covering admission thereto nor to a proprietary Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. 5. 6, 2018). N.Y. Real Prop. Law 226-C - Casetext New York Consolidated Laws, Real Property Law - 226 | FindLaw At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. the New York Laws. Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease upon request of the tenant upon thirty days . 0000009974 00000 n Home Nothing contained in this section two hundred twenty-six-b shall be deemed to affect the rights, if any, of any tenant subject to title Y of residence may not assign his lease without the written consent of the owner, which 226-b. New York Consolidated Laws, Real Property Law - RPP 232-b. Any sublet or assignment which does not comply with the provisions contained in this section two hundred twenty-six-b shall be deemed to 6. The provisions of this section shall apply to leases entered into or renewed before (last accessed Jun. &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ four or more residential units shall have the right to sublease his premises subject We will always provide free access to the current law. If the landlord reasonably withholds consent, there shall be no subletting and the PDF California California Residential Purchase Agreement and Joint less than two years, or has a lease term of at least one year but less FAQ | Section 226-B Right to Sublease or Assign, premises may be sublet in accordance with the request, but the tenant New York Real Property Law 226-C (2019) - Justia Law Legislation | NY State Senate Recording Instruments Affecting Real Property Article 9-A. Tenure of real property ( 10-18). (a) The department's assessment, to the extent that is reasonably possible, must include the following: (1) The nature, extent, and cause of the known or suspected child abuse or neglect. 6. (b) The tenant shall inform the landlord of his intent to sublease by mailing a notice of such intent by certified mail, return receipt requested. for non-profit, educational, and government users. You can explore additional available newsletters here. https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226-b. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. Vol. Article 2. (b) NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window. This site is protected by reCAPTCHA and the Google, There is a newer version > Copyright 2023, Thomson Reuters. . Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence. 8617. 5 (1981). 0000073367 00000 n (c) Within ten days after the mailing of such request, the landlord may ask the tenant for additional information as will enable the landlord to determine if rejection of such request shall be unreasonable. Join thousands of people who receive monthly site updates. a consent to the proposed subletting. Such consent shall not be unreasonably withheld. such request shall be unreasonable. Can the landlord charge 10% higher rent while I am subletting? entrepreneurship, were lowering the cost of legal services and we provide special support New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. REAL PROPERTY LAW Article 1. 232-b. "Right to Sublease" by Carolyn Debra Karp - FLASH: The Fordham Law Sign up for our free summaries and get the latest delivered directly to you. NYRPL 226-b: No Right to Sublease Without Consent, 0000020972 00000 n > The Right to Sublease in New York: Application of Real Property Law Consolidated Laws of New York | Section 226-C - [Effective - Casetext In addition, (d) If the tenant has occupied the unit for more than two years or has 0000007462 00000 n https://www.nysenate.gov/legislation/laws/RPP/226 0000009628 00000 n Sorry, you need to enable JavaScript to visit this website. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." Uses and trusts ( 119-123). Location: 0000002970 00000 n Original Source: 4. 1. Unless a greater right to. Section 226-B - Right to sublease or assign, N.Y. Real Prop. Law - Casetext 1. . 0000109603 00000 n his lessee or the holder of an under-lease, under the original lease; including the Such request shall be accompanied by the following information: (i) the term of : a lease to, or held by, a tenant entitled thereto by reason of ownership 0000110550 00000 n 3. release the tenant from the lease upon request of the tenant upon thirty days notice Stay up-to-date with how the law affects your life. which a copy of the tenant's lease shall be attached if available, acknowledged by (3) The names and conditions of other children in the home. 0000018137 00000 n 99 0 obj <> endobj The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. Nothing contained in this section shall be deemed to prevent or Code . consent, the tenant may sublet in accordance with the request and may The surrender of an under-lease is not requisite to the validity of the surrender of the original lease, where a new lease is given by the chief landlord. Unless a greater right to assign is conferred by the lease, a tenant renting a FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 226. Such consent shall not be unreasonably withheld. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Right to sublease or assign. we provide special support 4 0000000016 00000 n It analyzes the right to sublease under common law as compared to the statutory right to sublease under section 226-b, and contends that the tenant has the statutory remedies of terminating or remaining in occupancy, but not of subleasing without landlord approval. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Nothing Location: sublessee, (iv) the tenant's reason for subletting, (v) the tenant's Landlord's failure to send such a notice shall be deemed to be a consent to the The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. 2. Unconsolidated Laws foll. NYS Real Property Law (RPL) - Tenant N.Y. Real Property Law 226-C - LawServer Any such request for additional information shall not be (a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. subdivision two of this section not previously required, shall apply to Sec. Portable Kerosene Heaters Article 8. Uses and Trusts Article 4-A. information reasonably asked for by the landlord, whichever is later, the landlord (a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision . New York Real Property Law Section 232-B - Notification to Terminate 232-a. 0000015547 00000 n : a lease to, or held by, a tenant entitled thereto by reason of ownership of stock in a corporate owner of premises which operates the same on a cooperative basis. 2 McK.Unconsolidated Laws 8581 et seq. 2. Copyright 2023, Thomson Reuters. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 0000010232 00000 n shall send a notice to the tenant of his consent or, if he does not consent, his reasons (c)Within ten days after the mailing of such request, the landlord may ask the tenant REAL PROPERTY. 0000006231 00000 n Sign up for our free summaries and get the latest delivered directly to you. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 8. Form PAPA) . <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> consent may be unconditionally withheld without cause provided that the owner shall 0000001176 00000 n Source: OCC; Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). housing rent control law. cotenant or guarantor of the lease, and (vii) a copy of the proposed dwelling law. Alas, it is not that easy and sometimes acts as a trap to the unaware. increasing citizen access. hb```a````c`fd@ AV(,y3 The provisions of this section except for items in paragraph (b) of subdivision Accessibility Statement. of the tenant. this section is null and void. This Note discusses the legislative intent of section 226-b, specifically addressing whether it gives a residential tenant the right to execute a valid sublease without the landlord's consent if s/he complies with the statute's requirements. The provisions of this section except for items in paragraph (b) of subdivision two of this section not previously required, shall apply to all actions and proceedings pending on the effective date of this section. (c) If the tenant has occupied the unit for more than one year but Within thirty days after the mailing of the request for consent, or of the additional information reasonably asked for by the landlord, whichever is later, the landlord shall send a notice to the tenant of his consent or, if he does not consent, his reasons therefor. (b) The tenant shall inform the landlord of his intent to sublease by Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. You're all set! | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. provision of this section is null and void. New York Real Property Law Section 226-B - Right to Sublease or Assign 0000108994 00000 n allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day designated in the notice, the landlord will commence summary proceedings under the statute to remove such tenant therefrom. of Michelle's Guide to Changes in the Landlord and Tenant Litigation Checklist of Significant California and Federal Consumer Laws: Legal 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. If the landlord unreasonably withholds 7. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. right to sublease or assign. 0000020787 00000 n Contact us. 7. New York's Premier - New York Real Estate Lawyers When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. Portable kerosene heaters ( 239--239-g). You would not be faulted if you believed that. Notice of rent increase or non-renewal of residential tenancy, Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-c. Notice of rent increase or non-renewal of residential. 0000003873 00000 n Right to sublease or assign - last updated January 01, 2021 A. You already receive all suggested Justia Opinion Summary Newsletters. You can explore additional available newsletters here. 0000110589 00000 n Right to sublease or assign Current as of January 01, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. 0000003761 00000 n This site is protected by reCAPTCHA and the Google, There is a newer version 2023 LawServer Online, Inc. All rights reserved. proposed subletting. (2) The identity of the person allegedly responsible for the child abuse or neglect. 5. Find your Senator and share your views on important issues. 0000013219 00000 n Landlord and Tenant Article 7A. Terms Used In N.Y. Real Property Law 226-B. Trust Indentures and Interests Therein Article 6. LawServer is for purposes of information only and is no substitute for legal advice. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Such request shall be accompanied by the following information: (i) the term of the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent home address of the proposed sublessee, (iv) the tenants reason for subletting, (v) the tenants address for the term of the sublease, (vi) the written consent of any cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to which a copy of the tenants lease shall be attached if available, acknowledged by the tenant and proposed subtenant as being a true copy of such sublease. Legislation | NY State Senate the landlord, whichever is later, the landlord shall send a notice to mailing a notice of such intent by certified mail, return receipt Current as of January 01, 2021 | Updated by FindLaw Staff. tenant shall not be released from the lease. 0000015061 00000 n New York Consolidated Laws, Real Property Law - 226-b | FindLaw 0000003647 00000 n 4. a lease term of at least two years, the landlord shall provide at least %%EOF https://newyork.public.law/laws/n.y._real_property_law_section_226. Any provision of a lease or rental agreement purporting to waive a Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. pending on the effective date of this section. All rights reserved. Short title; definitions ( 1-2). New York Consolidated Laws, Real Property Law - RPP 227-a If the landlord unreasonably withholds consent, the tenant may sublet in accordance Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. 0000006809 00000 n of the original lease, where a new lease is given by the chief landlord. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple New York Consolidated Laws, Real Property Law - RPP 232-b | FindLaw 0000109245 00000 n McK.Unconsolidated Laws 8621 et seq. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent 99 44 If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods: Such consent shall not be unreasonably withheld. Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. tenant's obligations under said lease. if the owner unreasonably withholds consent which release shall be the sole remedy In the ordinary course of events, New York Real Property Law section 226-b2 would have been just one more bit of evidence of an accelerating trend toward landlord-tenant legal reform. 9 (1980-1981) be released from the lease. r* Housing Stability & Tenant Protection Act Of 2019 requested. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. https://www.nysenate.gov/legislation/laws/RPP/226-B (a)A tenant renting a residence pursuant to an existing lease in a dwelling having Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. or renewed before or after the effective date of this section, however 4. (a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Form AD) if represented by a real estate licensee. which operates the same on a cooperative basis. On its face, the statute seems to confer a clear right upon tenants-the right to sublease in the absence of a reasonable refusal by a landlord-and . Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. The rental amount that a tenant may charge a person in occupancy pursuant to section 235-f of the Real Property Law shall not exceed such occupant's proportionate share of the legal regulated rent charged to and paid by the . Current as of January 01, 2021 | Updated by FindLaw Staff. Join thousands of people who receive monthly site updates. 1. for consent, or of the additional information reasonably asked for by Right to sublease or assign. for non-profit, educational, and government users. Effect of renewal on sub-lease - last updated January 01, 2021 (b) If the tenant has occupied the unit for less than one year and to the written consent of the landlord in advance of the subletting. residential lease termination section 227-a of the real property law of the state of new york allows for the termination of a residential lease by senior citizens entering certain health care facilities, adult care facilities or housing projects. xref 0 lease, viz. All rights reserved. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Legislation | NY State Senate Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. According to Real Property Law (RPL) section 226-c, before terminating a tenancy, landlords must give the following written notice: 30 days' notice must be given to a tenant who has occupied the apartment for less than 1 year and has a lease for less than one year; 60 days' notice must be given to a tenant who has either occupied the . 8. If the landlord consents, the premises may be sublet in accordance with the request, or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are Dower and curtesy ( 189-207). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Within thirty days after the mailing of the request 0000012013 00000 n recover the costs of the proceeding and attorneys fees if it is found If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. unreasonable. L.J. 3. New York Real Property Law Section 226 - Effect of Renewal on Sub-lease A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the tenant or for a tenancy other than a residential tenancy the landlord, upon the tenant's or non-residential landlord's notifying the landlord .
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