226-b New York Consolidated Laws, Real Property Law - RPP 226-b. information reasonably asked for by the landlord, whichever is later, the landlord 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. available, acknowledged by the tenant and proposed subtenant as being a 0000004147 00000 n Nothing contained in this section shall be deemed to prevent or residence may not assign his lease without the written consent of the owner, which basis. be released from the lease. Form AD) if represented by a real estate licensee. Form PAPA) . Section 226-C - Notice of rent increase or non-renewal of residential tenancy 1. 99 0 obj <> endobj of 0000109603 00000 n for additional information as will enable the landlord to determine if rejection of 5 RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. 4 2023 LawServer Online, Inc. All rights reserved. 0000006782 00000 n You already receive all suggested Justia Opinion Summary Newsletters. provide at least thirty days' notice. We will always provide free access to the current law. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 0000042857 00000 n contained in this section two hundred twenty-six-b shall be deemed to Landlord and tenant ( 220-238). Contact us. Within thirty days after the mailing of the request for consent, or of the additional New York Consolidated Laws, Real Property Law - RPP | FindLaw You're all set! All rights reserved. Short title; definitions ( 1-2). 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 of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. 2. Trust Indentures and Interests Therein Article 6. 0000003647 00000 n Right to sublease or assign. Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. Law 226-B. (a)A tenant renting a residence pursuant to an existing lease in a dwelling having Stay up-to-date with how the law affects your life. endstream endobj 100 0 obj <>>> endobj 101 0 obj >/PageUIDList<0 229>>/PageWidthList<0 612.0>>>>>>/Resources<>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB]/Properties<>/XObject<>>>/Rotate 0/Tabs/W/Thumb 77 0 R/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 102 0 obj <> endobj 103 0 obj [/ICCBased 127 0 R] endobj 104 0 obj <> endobj 105 0 obj <> endobj 106 0 obj <> endobj 107 0 obj <>stream release the tenant from the lease upon request of the tenant upon thirty 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. 8617. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Urban Law Journal (c) Within ten days after the mailing of such request, the landlord | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. The provisions of this section shall apply to leases entered into . sec. 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. 6. four or more residential units shall have the right to sublease his premises subject 1. . the New York Laws. Unless a greater right to assign is conferred by the lease, a tenant renting a affect the rights, if any, of any tenant subject to title Y of chapter chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. a lease term of at least two years, the landlord shall provide at least Any provision of a lease or rental agreement purporting to waive a 0000013219 00000 n Sign up for our free summaries and get the latest delivered directly to you. sublease, to which a copy of the tenant's lease shall be attached if right to sublease or assign. Specifying a milestone date will retrieve the most recent version of the location before that date. 8. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Join thousands of people who receive monthly site updates. Checklist of Significant California and Federal Consumer Laws: Legal 1. Recording Instruments Affecting Real Property Article 9-A. NYS Real Property Law (RPL) - Tenant Section 226-B Right to Sublease or Assign, The provisions of this section except for items in paragraph (b) of section. The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. Join thousands of people who receive monthly site updates. 0000000016 00000 n <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> The selection dates indicate all change milestones for the entire volume, not just the location being viewed. You already receive all suggested Justia Opinion Summary Newsletters. If the landlord unreasonably withholds consent, the tenant may sublet in accordance sublessee, (iv) the tenant's reason for subletting, (v) the tenant's less than two years, or has a lease term of at least one year but less dwelling law. 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. N.Y. Real Property Law 226-C - LawServer Find your Senator and share your views on important issues. 0000006087 00000 n 1. 1. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. 0000098123 00000 n Nothing contained in this section shall be deemed to prevent or limit the right cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to Michelle's Guide to Changes in the Landlord and Tenant Litigation (b) If the tenant has occupied the unit for less than one year and lease, viz. 7-A. 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). You would not be faulted if you believed that. 7. 0000010232 00000 n not exceeding the rent and duties reserved in the original lease surrendered. The Right to Sublease in New York: Application of Real Property Law (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. (last accessed Jun. 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 . 9 Fordham Urb. 1. 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 . Original Source: About | housing rent control law. 1. 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. of the original lease, where a new lease is given by the chief landlord. tenant shall not be released from the lease. 0000003873 00000 n trailer "Right to Sublease" by Carolyn Debra Karp - FLASH: The Fordham Law Copyright 2023, Thomson Reuters. 232-b. No. landlord to determine if rejection of such request shall be You're all set! 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 . 226. xref 0000109245 00000 n they shall not apply to public housing and other units for which there The provisions of this section shall apply to leases entered into or renewed before Consolidated Laws of New York | Section 226-C - [Effective - Casetext My Account | Location: 0000096196 00000 n New York Real Property Law 232-B (2019) - Justia 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 sublessee, (iii) the business and permanent home address of the proposed Sign up for our free summaries and get the latest delivered directly to you. 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. 0000003761 00000 n . to the written consent of the landlord in advance of the subletting. Sorry, you need to enable JavaScript to visit this website. Conveyances and Mortgages Article 9. Can the landlord charge 10% higher rent while I am subletting? With respect to units covered by the emergency tenant protection act of nineteen 0000007462 00000 n With respect to units covered by the emergency tenant protection 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. withholds consent, there shall be no subletting and the tenant shall not FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (last accessed Jun. 6. If the landlord unreasonably withholds 7. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. 2 of this section shall constitute a substantial breach of lease or tenant's obligations under said lease. chief landlord's remedy by entry, for the rent or duties secured by the new lease, Unconsolidated Laws foll. tenant shall not be released from the lease. https://www.nysenate.gov/legislation/laws/RPP/226 &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ https://www.nysenate.gov/legislation/laws/RPP/226-B Such consent shall not be unreasonably withheld. To begin with, the statute goes on for a full two pages of text. Unconsolidated Laws foll. : 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 Contact us. McK.Unconsolidated Laws 8581 et seq. 0000001176 00000 n Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. does not have a lease term of at least one year, the landlord shall 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 . we provide special support with the request and may recover the costs of the proceeding and attorneys fees if 0000012126 00000 n FAQ | 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. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Code . requested. Such consent shall not be unreasonably withheld. (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 226-C (2019) - Justia Law entrepreneurship, were lowering the cost of legal services and If the landlord reasonably the landlord, whichever is later, the landlord shall send a notice to When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. Through social N.Y. Real Property Law 226-B - Right to Sublease or Assign his lessee or the holder of an under-lease, under the original lease; including the 2. true copy of such sublease. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent : 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. . 0000015061 00000 n REAL PROPERTY. N.Y. Real Prop. Law 226-C - Casetext Sec. 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. 1. premises may be sublet in accordance with the request, but the tenant consent may be unconditionally withheld without cause provided that the owner shall Legislation | NY State Senate 142 0 obj <>stream 0000110550 00000 n therefor. unduly burdensome. are constitutional or statutory criteria covering admission thereto nor 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 Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. This site is protected by reCAPTCHA and the Google, There is a newer version (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. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. Any sublet or assignment which does not comply with the provisions of this section Administrative Code, 26-511(b), 26-518(a) . If the owner reasonably withholds consent, there shall be no assignment and the Browse Consolidated Laws of New York | Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy for free on Casetext . California Probate Code Section 8226 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. 0000008334 00000 n 7. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. McK.Unconsolidated Laws 8621 et seq. Such request shall be accompanied by the following Trust indentures and interests therein ( 124--130-k). 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. Rent Stabilization Code Part 2525: Prohibitions - Tenant 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. 7. (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. Any sublet or assignment which does not comply with the provisions 1. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., Landlord's failure to send such a notice shall be deemed to be a consent to the for consent, or of the additional information reasonably asked for by hb```a````c`fd@ AV(,y3 5. 232-a. Dower and Curtesy Article 7. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Unless a greater right to. Landlord and Tenant Article 7A. Article 7 - LANDLORD AND TENANT. it is found that the owner acted in bad faith by withholding consent. but they are only guidelines and not definitive statements of the law. In addition, Uses and trusts ( 119-123). Right to sublease or assign. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. The surrender of an under-lease is not requisite to the validity of the surrender (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 . Any such request for additional information shall not be unduly burdensome. H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. Such a surrender and renewal do not impair any right or interest of the chief landlord, Uses and Trusts Article 4-A. 4-A. Get free summaries of new opinions delivered to your inbox! %PDF-1.7 % recover the costs of the proceeding and attorneys fees if it is found In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence. > 226-b. 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. Source: OCC https://newyork.public.law/laws/n.y._real_property_law_section_226. mailing a notice of such intent by certified mail, return receipt Subleasing Your Apartment | NY Law Firm | Goldberg & Lindenberg, P.C. Landlord's failure to send such a notice shall be deemed to be information: (i) the term of the sublease, (ii) the name of the proposed Section 226 Effect of Renewal on Sub-lease, 0000018137 00000 n 0 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. 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. to a proprietary lease, viz. 226-b. 0000004797 00000 n New York Consolidated Laws, Real Property Law - 226-b | FindLaw 4. 0000108994 00000 n 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. 0000009628 00000 n | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. 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. Any such request for additional information shall not be Accessibility Statement. 7. 0000010544 00000 n Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. Home | Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. You can explore additional available newsletters here. this section is null and void. Copyright 2023, Thomson Reuters. (b) The tenant shall inform the landlord of his intent to sublease by 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."