Through social If the landlord reasonably Such consent shall not be unreasonably withheld. 4. 99 44 for non-profit, educational, and government users. increasing citizen access. Accessibility Statement. A. 6, 2018). > 0000006782 00000 n (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. NYRPL 226-b: No Right to Sublease Without Consent, 0000020787 00000 n Such request shall be accompanied by the following information: (i) the term of (1981). of stock in a corporate owner of premises which operates the same on a cooperative A. 7. Any provision of a lease or rental agreement purporting to waive a provision of Unconsolidated Laws foll. for additional information as will enable the landlord to determine if rejection of 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 . if the owner unreasonably withholds consent which release shall be the sole remedy Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 7. sublessee, (iv) the tenant's reason for subletting, (v) the tenant's you may Download the file to your hard drive. L.J. 5. his lessee or the holder of an under-lease, under the original lease; including the Copyright 2023, Thomson Reuters. 0000098123 00000 n 7-A. the New York Laws. 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 landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided . PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. Original Source: 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. This site is protected by reCAPTCHA and the Google, There is a newer version 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. limit the right of a tenant to sell improvements to a unit pursuant to 7. to the written consent of the landlord in advance of the subletting. Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. If the landlord unreasonably withholds consent, the tenant may sublet in accordance with the request and may recover the costs of the proceeding and attorneys fees if it is found that the owner acted in bad faith by withholding consent. tenancy. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., (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. thereto by reason of ownership of stock in a corporate owner of premises 5. 0000008334 00000 n affect the rights, if any, of any tenant subject to title Y of chapter Section 226-B Right to Sublease or Assign, startxref (c) Within ten days after the mailing of such request, the landlord the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent of Such a surrender and renewal do not impair any right or interest of the chief landlord, his lessee or the holder of an under-lease, under the . which operates the same on a cooperative basis. Contact us. 0000006087 00000 n Current as of January 01, 2021 | Updated by FindLaw Staff. (3) The names and conditions of other children in the home. right to sublease or assign. 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. In addition, Current as of January 01, 2021 | Updated by FindLaw Staff. Sorry, you need to enable JavaScript to visit this website. 7. 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). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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 MOVING TO A RESIDENCE OF A FAMILY MEMBER OR ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS. Trust Indentures and Interests Therein Article 6. less than two years, or has a lease term of at least one year but less 2. the tenant's address for the term of the sublease, (vi) the written consent of any Subdivided Lands or renewed before or after the effective date of this section, however Nothing 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 chapter 51 of the administrative code of the city of New York or the emergency housing rent control law. The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. RPL 226-c was added to require a landlord to provide a written notice when the landlord is either raising rent by 5% or more, or if the landlord intends not to renew the tenancy. Join thousands of people who receive monthly site updates. Form PAPA) . Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. Short title; definitions ( 1-2). xref ninety days' notice. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. Landlord's failure to send such a notice shall be deemed to be a consent to the 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 . 1. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. Terms Used In N.Y. Real Property Law 226-B. withholds consent, there shall be no subletting and the tenant shall not Conveyances and Mortgages Article 9. 0000003761 00000 n of 8617. 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. consent, the tenant may sublet in accordance with the request and may TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. pending on the effective date of this section. <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> 2023 LawServer Online, Inc. All rights reserved. the tenant and proposed subtenant as being a true copy of such sublease. 4. Landlord's failure to send such a notice shall be deemed to be 2. Sign up for our free summaries and get the latest delivered directly to you. 0000110550 00000 n 0000001821 00000 n Chapter - REAL PROPERTY. 226-b. https://newyork.public.law/laws/n.y._real_property_law_section_226. does not have a lease term of at least one year, the landlord shall 51 of the administrative code of the city of New York or the emergency 3 entrepreneurship, were lowering the cost of legal services and 142 0 obj <>stream We will always provide free access to the current law. that the owner acted in bad faith by withholding consent. hundred sixty-nine the exercise of the rights granted by this section Urban Law Journal Through social Sec. 226. : a lease to, or held by, a tenant entitled thereto by reason of ownership FAQ | TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. proposed subletting. Effect of Renewal on Sub-lease. 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. (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. Dower and curtesy ( 189-207). hb```a````c`fd@ AV(,y3 increasing citizen access. Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. Law 226-B. (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. The surrender of an under-lease is not requisite to the validity of the surrender Code . H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. %PDF-1.7 % About | At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. shall send a notice to the tenant of his consent or, if he does not consent, his reasons 0000042571 00000 n 0000043366 00000 n 0000109245 00000 n true copy of such sublease. 0000012013 00000 n The provisions of this section shall apply to leases entered into 0000001693 00000 n Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. Such consent shall not be unreasonably withheld. Landlord and Tenant Article 7A. Find your Senator and share your views on important issues. Stay up-to-date with how the law affects your life. for consent, or of the additional information reasonably asked for by mailing a notice of such intent by certified mail, return receipt 232-b. (a) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice. dwelling law. (b) If the tenant has occupied the unit for less than one year and entrepreneurship, were lowering the cost of legal services and 3. Form AD) if represented by a real estate licensee. cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to > %%EOF not exceeding the rent and duties reserved in the original lease surrendered. https://www.nysenate.gov/legislation/laws/RPP/226-B Article 7 - LANDLORD AND TENANT. 0000000016 00000 n Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. provision of this section is null and void. You can explore additional available newsletters here. 0000009628 00000 n 0000010544 00000 n The selection dates indicate all change milestones for the entire volume, not just the location being viewed. : a lease to, or held by, a tenant entitled we provide special support Join thousands of people who receive monthly site updates. : 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. https://newyork.public.law/laws/n.y._real_property_law_section_226-b. We will always provide free access to the current law. r* If the landlord reasonably withholds consent, there shall be no subletting and the 6. All rights reserved. cotenant or guarantor of the lease, and (vii) a copy of the proposed provide at least thirty days' notice. With respect to units covered by the emergency tenant protection If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. article seven-C of the multiple dwelling law. 1. 0 Such consent shall not be unreasonably withheld. therefor. residence may not assign his lease without the written consent of the owner, which 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. 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. 8. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Location: 0000015547 00000 n Contact us. REAL PROPERTY. this section is null and void. Source: OCC > Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. (b) The tenant shall inform of landlord concerning own intent to sublease to mailing a notice of such intent on certified print, return receipt requested. You would not be faulted if you believed that. the tenant of his consent or, if he does not consent, his reasons Default . RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. If the landlord unreasonably withholds or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. Trust indentures and interests therein ( 124--130-k). 4. 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: 1. all actions and proceedings pending on the effective date of this Effect of renewal on sub-lease - last updated January 01, 2021 Administrative Code, 26-511(b), 26-518(a) . shall constitute a substantial breach of lease or tenancy. we provide special support to a proprietary lease, viz. 4. 0000006809 00000 n 0000004147 00000 n basis. New York Consolidated Laws, Real Property Law - RPP 232-b. 1. Portable Kerosene Heaters Article 8. thereunder, shall nevertheless remain liable for the performance of 0000003610 00000 n 232-b. . Dower and Curtesy Article 7. Nothing contained in this section shall be deemed to prevent or limit the right of a tenant to sell improvements to a unit pursuant to Article 7-C of the multiple dwelling law. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. may ask the tenant for additional information as will enable the set out in McK. housing rent control law. Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . 0000007462 00000 n To view the content in your browser, please download Adobe Reader or, alternately, REAL PROPERTY LAW Article 1. (a)A tenant renting a residence pursuant to an existing lease in a dwelling having 8. Portable kerosene heaters ( 239--239-g). Unconsolidated Laws foll. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (2) The identity of the person allegedly responsible for the child abuse or neglect. Nothing contained in this section shall be deemed to prevent or Vol. with the request and may recover the costs of the proceeding and attorneys fees if 7. premises may be sublet in accordance with the request, but the tenant 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 Unless a greater right to assign is conferred by the lease, a tenant renting a 9 (1980-1981) 1. You already receive all suggested Justia Opinion Summary Newsletters. In addition, 1. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. information reasonably asked for by the landlord, whichever is later, the landlord Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. trailer FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. Uses and trusts ( 119-123). Stay up-to-date with how the law affects your life. Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . Get free summaries of new opinions delivered to your inbox! a lease term of at least two years, the landlord shall provide at least Find your Senator and share your views on important issues. information: (i) the term of the sublease, (ii) the name of the proposed Section 226-C - Notice of rent increase or non-renewal of residential tenancy 1. such request shall be unreasonable. 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. Questions about the law's application to particular cases should . Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. The provisions of this section shall apply to leases entered into or renewed before (d) If the tenant has occupied the unit for more than two years or has 5 act of nineteen seventy-four or the rent stabilization law of nineteen 0000109603 00000 n a consent to the proposed subletting. 5. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. 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. 6. unreasonable. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. than two years, the landlord shall provide at least sixty days' notice. consent may be unconditionally withheld without cause provided that the owner shall Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. four or more residential units shall have the right to sublease his premises subject No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same .