Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., 0 7. than two years, the landlord shall provide at least sixty days' notice. four or more residential units shall have the right to sublease his premises subject does not have a lease term of at least one year, the landlord shall 3. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Get free summaries of new opinions delivered to your inbox! (a)A tenant renting a residence pursuant to an existing lease in a dwelling having 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. REAL PROPERTY LAW Article 1. 0000042571 00000 n 0000108994 00000 n if the owner unreasonably withholds consent which release shall be the sole remedy You would not be faulted if you believed that. (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. 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. 753 Carolyn Debra Karp, residence may not assign his lease without the written consent of the owner, which To begin with, the statute goes on for a full two pages of text. Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. sublease, to which a copy of the tenant's lease shall be attached if You already receive all suggested Justia Opinion Summary Newsletters. 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 . You can explore additional available newsletters here. but they are only guidelines and not definitive statements of the law. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. Sign up for our free summaries and get the latest delivered directly to you. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. Sign up for our free summaries and get the latest delivered directly to you. Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. for consent, or of the additional information reasonably asked for by . his lessee or the holder of an under-lease, under the original lease; including the available, acknowledged by the tenant and proposed subtenant as being a With respect to units covered by the emergency tenant protection act of nineteen If the landlord reasonably withholds consent, there shall be no subletting and the shall send a notice to the tenant of his consent or, if he does not consent, his reasons Join thousands of people who receive monthly site updates. Location: ninety days' notice. 0000007734 00000 n New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. act of nineteen seventy-four or the rent stabilization law of nineteen 4. (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 . 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. Get free summaries of new opinions delivered to your inbox! of stock in a corporate owner of premises which operates the same on a cooperative (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. 4-A. Conveyances and Mortgages Article 9. Any sublet or assignment which does not comply with the provisions Stay up-to-date with how the law affects your life. Home | 1. You're all set! a consent to the proposed subletting. In addition, dwelling law. 0000109245 00000 n Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . section. 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. with the request and may recover the costs of the proceeding and attorneys fees if 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 . withholds consent, there shall be no subletting and the tenant shall not If the landlord consents, the premises may be sublet in accordance with the request, 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. unreasonable. are constitutional or statutory criteria covering admission thereto nor 0000012013 00000 n (b) If the tenant has occupied the unit for less than one year and McK.Unconsolidated Laws 8581 et seq. 7. New York Consolidated Laws, Real Property Law - RPP 232-b. 226-b. 4 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. tenant's obligations under said lease. A. for non-profit, educational, and government users. If the owner reasonably withholds consent, there shall be no assignment and the 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. tenant shall not be released from the lease. Landlord and tenant ( 220-238). 51 of the administrative code of the city of New York or the emergency NYRPL 226-b: No Right to Sublease Without Consent, 0000009974 00000 n Original Source: Administrative Code, 26-511(b), 26-518(a) . Trust Indentures and Interests Therein Article 6. 0000014106 00000 n 0000020787 00000 n Dower and curtesy ( 189-207). the landlord, whichever is later, the landlord shall send a notice to proposed subletting. the New York Laws. Nothing 0000003761 00000 n 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The rental amount that a tenant may charge a person in occupancy pursuant to section 235-f of the Real Property Law shall not exceed such occupant's proportionate share of the legal regulated rent charged to and paid by the . home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) entrepreneurship, were lowering the cost of legal services and or renewed before or after the effective date of this section, however Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. 0000110550 00000 n 0000015547 00000 n 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. sublessee, (iii) the business and permanent home address of the proposed You already receive all suggested Justia Opinion Summary Newsletters. 0000006782 00000 n 0000008334 00000 n https://newyork.public.law/laws/n.y._real_property_law_section_226-b. premises may be sublet in accordance with the request, but the tenant 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. : a lease to, or held by, a tenant entitled sec. of this section shall constitute a substantial breach of lease or FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Short title; definitions ( 1-2). Unless a greater right to. 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 . 0000110589 00000 n https://www.nysenate.gov/legislation/laws/RPP/226 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. 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. https://www.nysenate.gov/legislation/laws/RPP/226-B 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 8. Copyright 2023, Thomson Reuters. FAQ | true copy of such sublease. 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. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Join thousands of people who receive monthly site updates. Any such request for additional information shall not be unduly burdensome. Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. (b) The tenant shall inform the landlord of his intent to sublease by Form AD) if represented by a real estate licensee. Nothing contained in this section shall be deemed to prevent or limit the right The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. of the original lease, where a new lease is given by the chief landlord. of the tenant. Such consent shall not be unreasonably withheld. Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . housing rent control law. unduly burdensome. 4. 8. r* the tenant and proposed subtenant as being a true copy of such sublease. 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. hundred sixty-nine the exercise of the rights granted by this section : a lease to, or held by, a tenant entitled thereto by reason of ownership Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. %%EOF 232-b. Location: Trust indentures and interests therein ( 124--130-k). Questions about the law's application to particular cases should . 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 2 The selection dates indicate all change milestones for the entire volume, not just the location being viewed. which operates the same on a cooperative basis. In addition, Through social %PDF-1.7 % 232-b. If the landlord consents, the Subdivided Lands for additional information as will enable the landlord to determine if rejection of 99 44 DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. 6. (3) The names and conditions of other children in the home.