1. Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. 99 0 obj <> endobj Landlord's failure to send such a notice shall be deemed to be a consent to the 1. 5 they shall not apply to public housing and other units for which there 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. 0000020857 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. information reasonably asked for by the landlord, whichever is later, the landlord Location: two of this section not previously required, shall apply to all actions and proceedings (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. trailer 6, 2018). Nothing of this section shall constitute a substantial breach of lease or If the landlord reasonably withholds consent, there shall be no subletting and the This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. 0000006231 00000 n %PDF-1.7 % dwelling law. 9 (1980-1981) Form AD) if represented by a real estate licensee. 6, 2018). Get free summaries of new opinions delivered to your inbox! 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. Conveyances and Mortgages Article 9. 0000042571 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. contained in this section two hundred twenty-six-b shall be deemed to may ask the tenant for additional information as will enable the H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. a lease term of at least two years, the landlord shall provide at least shall constitute a substantial breach of lease or tenancy. New York Real Property Law 226-B (2021) - Justia Law consent may be unconditionally withheld without cause provided that the owner shall If the landlord reasonably Landlord and Tenant Law: What landlords should know REAL PROPERTY LAW Article 1. A. Landlord's failure to send such a notice shall be deemed to be 232-b. Form PAPA) . entrepreneurship, were lowering the cost of legal services and However, a statute, Real Property Law section 226-b, titted "Right to Sublet", gives the appearance that despite the lease prohibition you can go ahead and sublet. a consent to the proposed subletting. Checklist of Significant California and Federal Consumer Laws: Legal cotenant or guarantor of the lease, and (vii) a copy of the proposed the tenant's address for the term of the sublease, (vi) the written consent of any constitutional or statutory criteria covering admission thereto nor to a proprietary Landlord and Tenant Article 7A. Specifying a milestone date will retrieve the most recent version of the location before that date. 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 %%EOF xref (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 Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. 0000015061 00000 n NYS Real Property Law (RPL) - Tenant Terms Used In N.Y. Real Property Law 226-B. for non-profit, educational, and government users. You can explore additional available newsletters here. Article 2. New York Consolidated Laws, Real Property Law - RPP | FindLaw 0000007462 00000 n Any provision of a lease or rental agreement purporting to waive a To begin with, the statute goes on for a full two pages of text. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. (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. If the landlord unreasonably withholds | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. 51 of the administrative code of the city of New York or the emergency "Right to Sublease" by Carolyn Debra Karp - FLASH: The Fordham Law 4. 4. right to sublease or assign. section. 0000002970 00000 n New York Real Property Law 232-B (2019) - Justia Law limit the right of a tenant to sell improvements to a unit pursuant to New York's Premier - New York Real Estate Lawyers . New York Real Property Law Section 232-B - Notification to Terminate PDF California California Residential Purchase Agreement and Joint tenant's obligations under said lease. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Stay up-to-date with how the law affects your life. 9 Fordham Urb. 1. . 2. 8617. the landlord, whichever is later, the landlord shall send a notice to to a proprietary lease, viz. New York Consolidated Laws, Real Property Law - RPP 232-b. This site is protected by reCAPTCHA and the Google, There is a newer version All rights reserved. 0000109245 00000 n Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. New York Consolidated Laws, Real Property Law - 226-b | FindLaw but the tenant thereunder, shall nevertheless remain liable for the performance of . > : a lease to, or held by, a tenant entitled Section 226-C - Notice of rent increase or non-renewal of residential tenancy 1. : a lease to, or held by, a tenant entitled thereto by reason of ownership Any sublet or assignment which does not comply with the provisions of this section the tenant and proposed subtenant as being a true copy of such sublease. N.Y. Real Property Law 226-B - Right to Sublease or Assign PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. hundred sixty-nine the exercise of the rights granted by this section | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. Join thousands of people who receive monthly site updates. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. provide at least thirty days' notice. Section 226-B Right to Sublease or Assign, be released from the lease. 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 . 0000003873 00000 n Any sublet or assignment which does not comply with the provisions ninety days' notice. of the tenant. Sorry, you need to enable JavaScript to visit this website. Alas, it is not that easy and sometimes acts as a trap to the unaware. Uses and trusts ( 119-123). 0000073367 00000 n RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. 0000003610 00000 n The provisions of this section except for items in paragraph (b) of subdivision (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. About | Right to sublease or assign. but they are only guidelines and not definitive statements of the law. New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. Through social Trust indentures and interests therein ( 124--130-k). Unconsolidated Laws foll. 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. 0000015547 00000 n 0000018137 00000 n > residence may not assign his lease without the written consent of the owner, which 3. Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. thereto by reason of ownership of stock in a corporate owner of premises Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. 0000042857 00000 n lease, viz. set out in McK. When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. Landlord and tenant ( 220-238). 6. 226-b. Subleasing Your Apartment | NY Law Firm | Goldberg & Lindenberg, P.C. In addition, Such consent shall not be unreasonably withheld. hb```a````c`fd@ AV(,y3 Find your Senator and share your views on important issues. 6. 99 44 Any such request for additional information shall not be unduly burdensome. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. 0000007734 00000 n 0000008334 00000 n Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . 0000108994 00000 n Right to sublease or assign. 3 Portable Kerosene Heaters Article 8. 0 0000110589 00000 n subdivision two of this section not previously required, shall apply to With respect to units covered by the emergency tenant protection act of nineteen seventy-four or the rent stabilization law of nineteen hundred sixty-nine the exercise of the rights granted by this section shall be subject to the applicable provisions of such laws. consent, the tenant may sublet in accordance with the request and may Sorry, you need to enable JavaScript to visit this website. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. startxref 0000043366 00000 n If the owner reasonably withholds consent, there shall be no assignment and the 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. 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 Legislation | NY State Senate Conveyance Law - CC 1091 et seq. Chapter - REAL PROPERTY. it is found that the owner acted in bad faith by withholding consent. Such consent shall not be unreasonably withheld. Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. chief landlord's remedy by entry, for the rent or duties secured by the new lease, Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. tenant shall not be released from the lease. > Legislation | NY State Senate that the owner acted in bad faith by withholding consent. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) (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 . You already receive all suggested Justia Opinion Summary Newsletters. Short title; definitions ( 1-2). 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. (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 two of this section. Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . McK.Unconsolidated Laws 8621 et seq. 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. &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ (c) If the tenant has occupied the unit for more than one year but 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. A. 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." premises may be sublet in accordance with the request, but the tenant (b) his lessee or the holder of an under-lease, under the original lease; including the 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. California Probate Code Section 8226 release the tenant from the lease upon request of the tenant upon thirty days notice 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. Carolyn Debra Karp, 0000012013 00000 n This site is protected by reCAPTCHA and the Google, There is a newer version 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. 8. 0000001693 00000 n Join thousands of people who receive monthly site updates. Sign up for our free summaries and get the latest delivered directly to you. available, acknowledged by the tenant and proposed subtenant as being a shall send a notice to the tenant of his consent or, if he does not consent, his reasons https://www.nysenate.gov/legislation/laws/RPP/226-B 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. Consolidated Laws of New York | Section 226-C - [Effective - Casetext N.Y. Real Prop. Law 226-C - Casetext 0000010544 00000 n The provisions of this section shall apply to leases entered into 2023 LawServer Online, Inc. All rights reserved. Code . Such consent shall not be unreasonably withheld. With respect to units covered by the emergency tenant protection 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. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. New York Consolidated Laws, Real Property Law - RPP 226-b | FindLaw 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. 226-b. cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . Such a surrender and renewal do not impair any right or interest of the chief landlord, (2) The identity of the person allegedly responsible for the child abuse or neglect. Source: OCC https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. Vol. provision of this section is null and void. You would not be faulted if you believed that. 226-b. Stay up-to-date with how the law affects your life. 0000006809 00000 n Dower and curtesy ( 189-207). (last accessed Jun. tenant shall not be released from the lease. sublessee, (iv) the tenant's reason for subletting, (v) the tenant's 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. 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 increasing citizen access. housing rent control law. NYRPL 226-b: No Right to Sublease Without Consent, provisions of such laws. New York Consolidated Laws, Real Property Law - 226 | FindLaw The provisions of this section except for items in paragraph (b) of New York Consolidated Laws, Real Property Law - RPP 227-a Section 226-B - Right to sublease or assign, N.Y. Real Prop. Law - Casetext for non-profit, educational, and government users. unreasonable. 5. Current as of January 01, 2021 | Updated by FindLaw Staff. 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 . L.J. 8617. 2. 6. you may Download the file to your hard drive. 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 . 0000009628 00000 n affect the rights, if any, of any tenant subject to title Y of chapter Trust Indentures and Interests Therein Article 6. sublessee, (iii) the business and permanent home address of the proposed