unduly burdensome. All rights reserved. 4 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. contained in this section two hundred twenty-six-b shall be deemed to Any sublet or assignment which does not comply with the provisions of this section 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. 0000010544 00000 n . Portable kerosene heaters ( 239--239-g). We will always provide free access to the current law. 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 You can explore additional available newsletters here. release the tenant from the lease upon request of the tenant upon thirty days notice Landlord and Tenant Article 7A. Any provision of a lease or rental agreement purporting to waive a provision of With respect to units covered by the emergency tenant protection 51 of the administrative code of the city of New York or the emergency for non-profit, educational, and government users. Right to sublease or assign. 0000008334 00000 n If the owner reasonably withholds consent, there shall be no assignment and the 99 0 obj <> endobj Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. 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. 1. 1. 0000001176 00000 n (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. of the tenant. Sorry, you need to enable JavaScript to visit this website. 0000018137 00000 n 6, 2018). available, acknowledged by the tenant and proposed subtenant as being a a consent to the proposed subletting. article seven-C of the multiple dwelling law. Join thousands of people who receive monthly site updates. his lessee or the holder of an under-lease, under the original lease; including the 0000006231 00000 n Specifying a milestone date will retrieve the most recent version of the location before that date. Sec. may ask the tenant for additional information as will enable 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 . the tenant's address for the term of the sublease, (vi) the written consent of any 0000001821 00000 n Nothing 0000006782 00000 n My Account | Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. 226-b. (last accessed Jun. You're all set! 0000042857 00000 n Any such request for additional information shall not be 0000012013 00000 n 0000073367 00000 n This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Dower and Curtesy Article 7. To view the content in your browser, please download Adobe Reader or, alternately, For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. we provide special support TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Home 0000009628 00000 n 1. (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice 7. New York Consolidated Laws, Real Property Law - RPP 232-b. 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). 5. (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. basis. sublease, to which a copy of the tenant's lease shall be attached if true copy of such sublease. Form PAPA) . Through social 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. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. > Specifying a milestone date will retrieve the most recent version of the location before that date. 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. New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. : a lease to, or held by, a tenant entitled thereto by reason of ownership Short title; definitions ( 1-2). housing rent control law. 226. 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 . set out in McK. 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. Landlord's failure to send such a notice shall be deemed to be a consent to the hb```a````c`fd@ AV(,y3 mailing a notice of such intent by certified mail, return receipt 6. increasing citizen access. section. of 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. four or more residential units shall have the right to sublease his premises subject 7-A. 1. 6. Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. 8617. 753 (b) The tenant shall inform the landlord of his intent to sublease by Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. (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. 0000001693 00000 n address for the term of the sublease, (vi) the written consent of any Current as of January 01, 2021 | Updated by FindLaw Staff. A. (c) Within ten days after the mailing of such request, the landlord Terms Used In N.Y. Real Property Law 226-B. information: (i) the term of the sublease, (ii) the name of the proposed 232-b. of such intent by certified mail, return receipt requested. of stock in a corporate owner of premises which operates the same on a cooperative Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. REAL PROPERTY. The provisions of this section except for items in paragraph (b) of subdivision 4-A. The provisions of this section except for items in paragraph (b) of you may Download the file to your hard drive. (b) If the landlord reasonably Such consent shall not be unreasonably withheld. Home | 3. 0000108994 00000 n Law 226-B. Tenure of Real Property Article 4. (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. > Stay up-to-date with how the law affects your life. (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 . 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. | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. Original Source: 0000042571 00000 n 0000013219 00000 n 232-a. but they are only guidelines and not definitive statements of the law. You're all set! provisions of such laws. https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. You would not be faulted if you believed that. 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. limit the right of a tenant to sell improvements to a unit pursuant to Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. set out in McK. pending on the effective date of this section. (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. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 1. therefor. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Section 226 Effect of Renewal on Sub-lease, 0000110550 00000 n 0000007462 00000 n Within thirty days after the mailing of the request 4. (d) If the tenant has occupied the unit for more than two years or has Code . . 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: If the landlord unreasonably withholds consent, the tenant may sublet in accordance The provisions of this section shall apply to leases entered into Get free summaries of new opinions delivered to your inbox! Source: OCC for consent, or of the additional information reasonably asked for by 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. 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. Such request shall be accompanied by the following 0 Landlord's failure to send such a notice shall be deemed to be 0000020857 00000 n but the tenant thereunder, shall nevertheless remain liable for the performance of entrepreneurship, were lowering the cost of legal services and Accessibility Statement. 3. Nothing contained in this section shall be deemed to prevent or limit the right RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. Section 226-B Right to Sublease or Assign, if the owner unreasonably withholds consent which release shall be the sole remedy 4. (a)A tenant renting a residence pursuant to an existing lease in a dwelling having &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ 0000109603 00000 n Sign up for our free summaries and get the latest delivered directly to you. 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 This site is protected by reCAPTCHA and the Google, There is a newer version 2. McK.Unconsolidated Laws 8581 et seq. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (2) The identity of the person allegedly responsible for the child abuse or neglect. shall constitute a substantial breach of lease or tenancy. for non-profit, educational, and government users. all actions and proceedings pending on the effective date of this be released from the lease. ninety days' notice. dwelling law. Recording Instruments Affecting Real Property Article 9-A. Sorry, you need to enable JavaScript to visit this website. 3. FAQ | NYRPL 226-b: No Right to Sublease Without Consent, 5 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.