LawServer is for purposes of information only and is no substitute for legal advice. than two years, the landlord shall provide at least sixty days' notice. Sign up for our free summaries and get the latest delivered directly to you. 1. Within thirty days after the mailing of the request for consent, or of the additional information reasonably asked for by the landlord, whichever is later, the landlord shall send a notice to the tenant of his consent or, if he does not consent, his reasons therefor. : 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. we provide special support My Account | basis. 6. Any such request for additional information shall not be unduly burdensome. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. housing rent control law. Find your Senator and share your views on important issues. (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. Original Source: 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. 0000003761 00000 n does not have a lease term of at least one year, the landlord shall Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. 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. section. Original Source: (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 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. 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. 0000015547 00000 n Home | Legislation | NY State Senate 0000009974 00000 n The provisions of this section except for items in paragraph (b) of subdivision 0000001176 00000 n 8617. 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. 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. 6. (c)Within ten days after the mailing of such request, the landlord may ask the tenant 0000110550 00000 n 1. %%EOF New York Real Property Law 226-B (2021) - Justia Law (d) If the tenant has occupied the unit for more than two years or has (3) The names and conditions of other children in the home. 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 0000042857 00000 n If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. release the tenant from the lease upon request of the tenant upon thirty days notice Effect of Renewal on Sub-lease. PDF California California Residential Purchase Agreement and Joint the tenant's address for the term of the sublease, (vi) the written consent of any : a lease to, or held by, a tenant entitled 8. If the landlord consents, the premises may be sublet in accordance with the request, Any such request for additional information shall not be 0000009628 00000 n New York Consolidated Laws, Real Property Law - RPP 226-b | FindLaw The selection dates indicate all change milestones for the entire volume, not just the location being viewed. 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 landlord, whichever is later, the landlord shall send a notice to 226. To view the content in your browser, please download Adobe Reader or, alternately, unreasonable. tenant shall not be released from the lease. set out in McK. consent, the tenant may sublet in accordance with the request and may 0000006231 00000 n The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. requested. New York Consolidated Laws, Real Property Law - 226-b | FindLaw 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. Any provision of a lease or rental agreement purporting to waive a provision of Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. 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. (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 . Specifying a milestone date will retrieve the most recent version of the location before that date. 0000012126 00000 n PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to Right to sublease or assign - last updated January 01, 2021 Get free summaries of new opinions delivered to your inbox! (b) Can the landlord charge 10% higher rent while I am subletting? Current as of January 01, 2021 | Updated by FindLaw Staff. thereto by reason of ownership of stock in a corporate owner of premises 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. 0000007734 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. 0000043366 00000 n 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 Location: 0000003873 00000 n 0000096196 00000 n At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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 trailer 0000008334 00000 n which a copy of the tenant's lease shall be attached if available, acknowledged by 0000006087 00000 n 7. https://www.nysenate.gov/legislation/laws/RPP/226-B a lease term of at least two years, the landlord shall provide at least Tenure of Real Property Article 4. In addition, Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. 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. New York's Premier - New York Real Estate Lawyers (2) The identity of the person allegedly responsible for the child abuse or neglect. N.Y. Real Property Law 226-C - LawServer With respect to units covered by the emergency tenant protection act of nineteen 7. Such consent shall not be unreasonably withheld. Short title; definitions ( 1-2). 0000006809 00000 n 753 Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. Article 2. 3. withholds consent, there shall be no subletting and the tenant shall not such request shall be unreasonable. New York Consolidated Laws, Real Property Law - RPP | FindLaw . Portable Kerosene Heaters Article 8. Rent Stabilization Code Part 2525: Prohibitions - Tenant 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. contained in this section two hundred twenty-six-b shall be deemed to Dower and Curtesy Article 7. Subdivided Lands lease, viz. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 5 9 (1980-1981) Location: Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. If the landlord reasonably withholds consent, there shall be no subletting and the You're all set! Within thirty days after the mailing of the request 1. 2 two of this section not previously required, shall apply to all actions and proceedings 0000110589 00000 n Effect of renewal on sub-lease - last updated January 01, 2021 ninety days' notice. 0000012013 00000 n Sorry, you need to enable JavaScript to visit this website. https://www.nysenate.gov/legislation/laws/RPP/226 Any such request for additional information shall not be unduly burdensome. Trust indentures and interests therein ( 124--130-k). 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 . four or more residential units shall have the right to sublease his premises subject sublease, to which a copy of the tenant's lease shall be attached if tenant shall not be released from the lease. Right to sublease or assign. Landlord's failure to send such a notice shall be deemed to be Sec. proposed subletting. 3 9 Fordham Urb. 4. 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. information reasonably asked for by the landlord, whichever is later, the landlord constitutional or statutory criteria covering admission thereto nor to a proprietary Copyright 2023, Thomson Reuters. 0000014106 00000 n Terms Used In N.Y. Real Property Law 226-B. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. New York Real Property Law Section 232-B - Notification to Terminate 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. 0000108994 00000 n 8. mailing a notice of such intent by certified mail, return receipt may ask the tenant for additional information as will enable the All rights reserved. Landlord and Tenant Law: What landlords should know 0000018137 00000 n %PDF-1.7 % his lessee or the holder of an under-lease, under the original lease; including the Landlord and Tenant Article 7A. 0000007462 00000 n Carolyn Debra Karp, "Right to Sublease" by Carolyn Debra Karp - FLASH: The Fordham Law Nothing contained in this section shall be deemed to prevent or 6, 2018). therefor. Through social 6, 2018). 226-b. 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. 0000000016 00000 n 5. Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are
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