for non-profit, educational, and government users. withholds consent, there shall be no subletting and the tenant shall not Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. Short title; definitions ( 1-2). 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. 0000007734 00000 n With respect to units covered by the emergency tenant protection act of nineteen Any provision of a lease or rental agreement purporting to waive a 7. We will always provide free access to the current law. 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 . (3) The names and conditions of other children in the home. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The provisions of this section except for items in paragraph (b) of subdivision this section is null and void. Through social 0000109245 00000 n 4. (c)Within ten days after the mailing of such request, the landlord may ask the tenant The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . 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. 2. Such consent shall not be unreasonably withheld. for additional information as will enable the landlord to determine if rejection of REAL PROPERTY. sublessee, (iii) the business and permanent home address of the proposed Any such request for additional information shall not be 3. Right to sublease or assign. You already receive all suggested Justia Opinion Summary Newsletters. https://newyork.public.law/laws/n.y._real_property_law_section_226-b. Article 7 - LANDLORD AND TENANT. Tenure of Real Property Article 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. Conveyances and Mortgages Article 9. tenant's obligations under said lease. Landlord's failure to send such a notice shall be deemed to be Within thirty days after the mailing of the request | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. In addition, thereunder, shall nevertheless remain liable for the performance of 9 Fordham Urb. 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 (a)A tenant renting a residence pursuant to an existing lease in a dwelling having consent may be unconditionally withheld without cause provided that the owner shall 226-b. Recording Instruments Affecting Real Property Article 9-A. Sec. dwelling law. affect the rights, if any, of any tenant subject to title Y of chapter Nothing contained in this section shall be deemed to prevent or 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: 51 of the administrative code of the city of New York or the emergency all actions and proceedings pending on the effective date of this 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. A. Contact us. that the owner acted in bad faith by withholding consent. 232-a. 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 . You're all set! or renewed before or after the effective date of this section, however 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. his lessee or the holder of an under-lease, under the original lease; including 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 . xref Tenure of real property ( 10-18). 4-A. limit the right of a tenant to sell improvements to a unit pursuant to 226-b. Within thirty days after the mailing of the request for consent, or of the additional 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. 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. of less than two years, or has a lease term of at least one year but less constitutional or statutory criteria covering admission thereto nor to a proprietary 5. (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. (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. 6. four or more residential units shall have the right to sublease his premises subject cotenant or guarantor of the lease, and (vii) a copy of the proposed <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. does not have a lease term of at least one year, the landlord shall 5. 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. Form PAPA) . 4. %PDF-1.7 % 0000016771 00000 n 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. > Subdivided Lands 0000001693 00000 n Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. 0000015061 00000 n Effect of Renewal on Sub-lease. it is found that the owner acted in bad faith by withholding consent. residence may not assign his lease without the written consent of the owner, which 0000010232 00000 n 5. Such consent shall not be unreasonably withheld. (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. (b) If the tenant has occupied the unit for less than one year and are constitutional or statutory criteria covering admission thereto nor provisions of such laws. contained in this section two hundred twenty-six-b shall be deemed to (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. 4. My Account | Unconsolidated Laws foll. mailing a notice of such intent by certified mail, return receipt 142 0 obj <>stream Find your Senator and share your views on important issues. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. 0000110589 00000 n Nothing 0000018137 00000 n 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. (b) The tenant shall inform the landlord of his intent to sublease by which operates the same on a cooperative basis. 2 4. If the landlord reasonably r* Effect of renewal on sub-lease - last updated January 01, 2021 (last accessed Jun. of not exceeding the rent and duties reserved in the original lease surrendered. : a lease to, or held by, a tenant entitled New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. be released from the lease. Form AD) if represented by a real estate licensee. No. address for the term of the sublease, (vi) the written consent of any FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. set out in McK. Such consent shall not be unreasonably withheld. therefor. 8. 8. Copyright 2023, Thomson Reuters. Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . If the owner reasonably withholds consent, there shall be no assignment and the 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. When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. 0000020972 00000 n 8. Code . (d) If the tenant has occupied the unit for more than two years or has 0000012126 00000 n (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 . 0000001821 00000 n 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. sec. https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are Vol. of such intent by certified mail, return receipt requested. We will always provide free access to the current law. Sec. Uses and trusts ( 119-123). 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. Alas, it is not that easy and sometimes acts as a trap to the unaware. &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ Landlord's failure to send such a notice shall be deemed to be a consent to the Sign up for our free summaries and get the latest delivered directly to you. | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. shall send a notice to the tenant of his consent or, if he does not consent, his reasons 6. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. All rights reserved. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. the landlord, whichever is later, the landlord shall send a notice to 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. shall be subject to the applicable provisions of such laws. Chapter - REAL PROPERTY. 99 44 1. In addition, of this section shall constitute a substantial breach of lease or You already receive all suggested Justia Opinion Summary Newsletters. entrepreneurship, were lowering the cost of legal services and The provisions of this section except for items in paragraph (b) of therefor. Unconsolidated Laws foll. If the landlord unreasonably withholds consent, the tenant may sublet in accordance Urban Law Journal chief landlord's remedy by entry, for the rent or duties secured by the new lease, New York Consolidated Laws, Real Property Law - RPP 232-b. information: (i) the term of the sublease, (ii) the name of the proposed 0000006231 00000 n Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. hb```a````c`fd@ AV(,y3 > 0000009628 00000 n they shall not apply to public housing and other units for which there A. 0000096196 00000 n All rights reserved. Trust Indentures and Interests Therein Article 6. > At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 0000015547 00000 n for non-profit, educational, and government users. you may Download the file to your hard drive. the tenant's address for the term of the sublease, (vi) the written consent of any 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 Conveyance Law - CC 1091 et seq. 0000004797 00000 n If the landlord unreasonably withholds RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. right to sublease or assign. 6, 2018). You're all set! Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 2. set out in McK. 0000098123 00000 n provide at least thirty days' notice. sublessee, (iv) the tenant's reason for subletting, (v) the tenant's 1. 0000004147 00000 n (b) Original Source: housing rent control law. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 7. increasing citizen access. two of this section not previously required, shall apply to all actions and proceedings REAL PROPERTY LAW Article 1. 1. 0000003610 00000 n Dower and Curtesy Article 7. Copyright 2023, Thomson Reuters. Such request shall be accompanied by the following information: (i) the term of 5 Unless a greater right to assign is conferred by the lease, a tenant renting a 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 such request shall be unreasonable. Any sublet or assignment which does not comply with the provisions of this section If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. 7-A. 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. 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 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. 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. 0000003761 00000 n McK.Unconsolidated Laws 8581 et seq. true copy of such sublease. The provisions of this section shall apply to leases entered into For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. available, acknowledged by the tenant and proposed subtenant as being a shall constitute a substantial breach of lease or tenancy. 0000006087 00000 n DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. of stock in a corporate owner of premises which operates the same on a cooperative 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. If the landlord reasonably withholds consent, there shall be no subletting and the Article 2. You can explore additional available newsletters here. Landlord and Tenant Article 7A. section. Join thousands of people who receive monthly site updates. Trust indentures and interests therein ( 124--130-k). proposed subletting. Dower and curtesy ( 189-207). we provide special support subdivision two of this section not previously required, shall apply to https://www.nysenate.gov/legislation/laws/RPP/226 4 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 6, 2018). Home | the New York Laws. 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. 1. . Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Any sublet or assignment which does not comply with the provisions 0 0000043366 00000 n with the request and may recover the costs of the proceeding and attorneys fees if 226-b. ninety days' notice. a lease term of at least two years, the landlord shall provide at least 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. Nothing contained in this section shall be deemed to prevent or limit the right This site is protected by reCAPTCHA and the Google, There is a newer version basis. premises may be sublet in accordance with the request, but the tenant Sorry, you need to enable JavaScript to visit this website. Default . (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. Stay up-to-date with how the law affects your life. Section 226-B Right to Sublease or Assign, if the owner unreasonably withholds consent which release shall be the sole remedy At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple 0000020787 00000 n Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 4582oip\AaJ]ASjzK1`>=,:(|+x\G!YtZm)}MY Qcio5_/>" >8d[x0*!q&)v rF 9JJP12GPPd )a@,pJj`'cjw@ZI3sZy{W If the landlord consents, the 0000008334 00000 n . act of nineteen seventy-four or the rent stabilization law of nineteen but they are only guidelines and not definitive statements of the law. Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. About | (2) The identity of the person allegedly responsible for the child abuse or neglect. a consent to the proposed subletting. recover the costs of the proceeding and attorneys fees if it is found landlord to determine if rejection of such request shall be which a copy of the tenant's lease shall be attached if available, acknowledged by 0000020857 00000 n 6. of the tenant. 232-b. 3 Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . Specifying a milestone date will retrieve the most recent version of the location before that date. Current as of January 01, 2021 | Updated by FindLaw Staff. 1. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., thereto by reason of ownership of stock in a corporate owner of premises 1. 4. L.J. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. than two years, the landlord shall provide at least sixty days' notice. 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. 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. 753 Portable Kerosene Heaters Article 8. but the tenant thereunder, shall nevertheless remain liable for the performance of The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. The surrender of an under-lease is not requisite to the validity of the surrender unreasonable. 0000001176 00000 n Source: OCC the tenant of his consent or, if he does not consent, his reasons 0000002970 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. to a proprietary lease, viz. Administrative Code, 26-511(b), 26-518(a) . You would not be faulted if you believed that. Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. To view the content in your browser, please download Adobe Reader or, alternately, lease, viz. 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 . 3. (last accessed Jun. the New York Laws. Questions about the law's application to particular cases should . 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." article seven-C of the multiple dwelling law. 0000012013 00000 n : 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. 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. 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 . Terms Used In N.Y. Real Property Law 226-B. Section 226 Effect of Renewal on Sub-lease, Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. Unless a greater right to. trailer Carolyn Debra Karp, we provide special support 0000003647 00000 n For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. to the written consent of the landlord in advance of the subletting. tenant shall not be released from the lease. (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. 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. entrepreneurship, were lowering the cost of legal services and 0000042857 00000 n (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., 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 . . Accessibility Statement. With respect to units covered by the emergency tenant protection https://www.nysenate.gov/legislation/laws/RPP/226-B 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). Location: Any provision of a lease or rental agreement purporting to waive a provision of of the original lease, where a new lease is given by the chief landlord. 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. 6. (c) If the tenant has occupied the unit for more than one year but This site is protected by reCAPTCHA and the Google, There is a newer version 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.