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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. trailer
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. Home |
NYRPL 226-b: No Right to Sublease Without Consent, two of this section not previously required, shall apply to all actions and proceedings Chapter - REAL PROPERTY. 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. provisions of such laws. However, some courts have interpreted this section to confer upon tenants a broad statutory right to sublease their apartments upon compliance with the statute's procedural notification requirements and the landlord's unreasonable withholding of consent. Sec. (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. 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 . | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. . Find your Senator and share your views on important issues. RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. 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). Any sublet or assignment which does not comply with the provisions of this section Landlord's failure to send such a notice shall be deemed to be a consent to the 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. 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. 0000007734 00000 n
Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., 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 . 51 of the administrative code of the city of New York or the emergency
basis. 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." sec. Article 2. not exceeding the rent and duties reserved in the original lease surrendered. 0000012126 00000 n
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You already receive all suggested Justia Opinion Summary Newsletters. Nothing contained in this section shall be deemed to prevent or
thereto by reason of ownership of stock in a corporate owner of premises
6. Section 226 Effect of Renewal on Sub-lease, 2 8617. Uses and trusts ( 119-123). of such intent by certified mail, return receipt requested. 0000018137 00000 n
This site is protected by reCAPTCHA and the Google, There is a newer version 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. for consent, or of the additional information reasonably asked for by
a lease term of at least two years, the landlord shall provide at least
8. (c) If the tenant has occupied the unit for more than one year but
New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. (last accessed Jun. If the landlord reasonably
(1981). We will always provide free access to the current law. Sign up for our free summaries and get the latest delivered directly to you. may ask the tenant for additional information as will enable the
provision of this section is null and void. cotenant or guarantor of the lease, and (vii) a copy of the proposed
Within thirty days after the mailing of the request
With respect to units covered by the emergency tenant protection act of nineteen of this section shall constitute a substantial breach of lease or
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for non-profit, educational, and government users. Form AD) if represented by a real estate licensee. 6. (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. 0000015547 00000 n
At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. they shall not apply to public housing and other units for which there
226. Article 7 - LANDLORD AND TENANT. Copyright 2023, Thomson Reuters. Effect of renewal on sub-lease on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. 0000012013 00000 n
home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 6, 2018). 1. 226-b. or renewed before or after the effective date of this section, however
> 6. Find your Senator and share your views on important issues. release the tenant from the lease upon request of the tenant upon thirty days notice Such request shall be accompanied by the following information: (i) the term of all actions and proceedings pending on the effective date of this
Join thousands of people who receive monthly site updates. Unconsolidated Laws foll. https://www.nysenate.gov/legislation/laws/RPP/226 Tenure of real property ( 10-18). 4. Original Source: 0000110550 00000 n
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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 notice if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant. The provisions of this section shall apply to leases entered into or renewed before Unconsolidated Laws foll. Unless a greater right to. chief landlord's remedy by entry, for the rent or duties secured by the new lease, Such consent shall not be unreasonably withheld. New York Consolidated Laws, Real Property Law - RPP 232-b. 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 Effect of renewal on sub-lease - last updated January 01, 2021 Indiana Petition for Waiver of Reinstatement Fee, Florida Statutes 83.01 - Unwritten lease tenancy at will; duration, Florida Statutes 83.02 - Certain written leases tenancies at will; duration, Florida Statutes 83.03 - Termination of tenancy at will; length of notice, Florida Statutes > Chapter 83 - Landlord and Tenant, Illinois Compiled Statutes > Chapter 765 > Landlord And Tenant, Missouri Laws > Chapter 441 - Landlord and Tenant, Missouri Laws > Chapter 535 - Landlord-Tenant Actions, New York Laws > General Municipal > Article 12-G - Landlord-Tenant Relations Council, New York Laws > Real Property > Article 7 - Landlord and Tenant, Tennessee Code 68-111-101 - Chapter definitions, Tennessee Code > Title 66 > Chapter 28 - Uniform Residential Landlord and Tenant Act, Tennessee Code > Title 66 > Chapter 30 - Residential Ground Rent Act, Tennessee Code > Title 66 > Chapter 35 - Rent Control, Texas Property Code > Title 8 - Landlord and Tenant. the tenant and proposed subtenant as being a true copy of such sublease. If the landlord unreasonably withholds
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. this section is null and void. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. This site is protected by reCAPTCHA and the Google, There is a newer version Location: Default . startxref
5. Law 226-B. 0000009974 00000 n
the tenant's address for the term of the sublease, (vi) the written consent of any available, acknowledged by the tenant and proposed subtenant as being a
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If the landlord reasonably withholds consent, there shall be no subletting and the Contact us. increasing citizen access. Home Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . https://newyork.public.law/laws/n.y._real_property_law_section_226-b. shall be subject to the applicable provisions of such laws. unreasonable. Within thirty days after the mailing of the request for consent, or of the additional Join thousands of people who receive monthly site updates. (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. Any such request for additional information shall not be unduly burdensome. Current as of January 01, 2021 | Updated by FindLaw Staff. 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 . 0000006087 00000 n
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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. > Section 226-B Right to Sublease or Assign, TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. > 8. than two years, the landlord shall provide at least sixty days' notice. (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. 5. 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. 3. 7. Carolyn Debra Karp, mailing a notice of such intent by certified mail, return receipt
https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. &:\gx3JM
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Uses and Trusts Article 4-A. Code . Administrative Code, 26-511(b), 26-518(a) . In addition, Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting.
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