Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . In addition, 232-a. If the landlord reasonably shall be subject to the applicable provisions of such laws. 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. 0000004147 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 two of this section. (1981). My Account | Dower and Curtesy Article 7. xref Copyright 2023, Thomson Reuters. Sign up for our free summaries and get the latest delivered directly to you. 0000042857 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 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. Find your Senator and share your views on important issues. Landlord's failure to send such a notice shall be deemed to be a consent to the sublessee, (iii) the business and permanent home address of the proposed (c) Within ten days after the mailing of such request, the landlord Landlord and Tenant Article 7A. . a lease term of at least two years, the landlord shall provide at least two of this section not previously required, shall apply to all actions and proceedings 4. Such request shall be accompanied by the following 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. provisions of such laws. 1. 4. 7. In addition, 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 consent may be unconditionally withheld without cause provided that the owner shall RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. such request shall be unreasonable. Terms Used In N.Y. Real Property Law 226-B. 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 Get free summaries of new opinions delivered to your inbox! 0000010232 00000 n DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. 0000001821 00000 n Portable kerosene heaters ( 239--239-g). 8617. (c) If the tenant has occupied the unit for more than one year but Right to sublease or assign - last updated January 01, 2021 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 . 0000042571 00000 n 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 . 8. Tenure of real property ( 10-18). 2. Current as of January 01, 2021 | Updated by FindLaw Staff. Home | 226-b. 9 Fordham Urb. If the landlord consents, the premises may be sublet in accordance with the request, For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. a consent to the proposed subletting. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. Any provision of a lease or rental agreement purporting to waive a information: (i) the term of the sublease, (ii) the name of the proposed Any provision of a lease or rental agreement purporting to waive a provision of You already receive all suggested Justia Opinion Summary Newsletters. REAL PROPERTY. 1. . Section 226 Effect of Renewal on Sub-lease, 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. release the tenant from the lease upon request of the tenant upon thirty days notice residence may not assign his lease without the written consent of the owner, which You can explore additional available newsletters here. Default . 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) New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. of this section shall constitute a substantial breach of lease or If the landlord reasonably withholds consent, there shall be no subletting and the 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." 0000009628 00000 n Law 226-B. We will always provide free access to the current law. Location: PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. This site is protected by reCAPTCHA and the Google, There is a newer version A. 0000096196 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. Conveyance Law - CC 1091 et seq. : a lease to, or held by, a tenant entitled thereto by reason of ownership dwelling law. Article 2. About | 7-A. Any such request for additional information shall not be 2. Sign up for our free summaries and get the latest delivered directly to you. Form PAPA) . https://newyork.public.law/laws/n.y._real_property_law_section_226. the tenant's address for the term of the sublease, (vi) the written consent of any You already receive all suggested Justia Opinion Summary Newsletters. 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. LawServer is for purposes of information only and is no substitute for legal advice. 8. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) housing rent control law. may ask the tenant for additional information as will enable the : a lease to, or held by, a tenant entitled Join thousands of people who receive monthly site updates. it is found that the owner acted in bad faith by withholding consent. > 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. 0000109245 00000 n constitutional or statutory criteria covering admission thereto nor to a proprietary Portable Kerosene Heaters Article 8. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple 0000001693 00000 n 1. 2. tenancy. chief landlord's remedy by entry, for the rent or duties secured by the new lease, 6. Such consent shall not be unreasonably withheld. 0000006809 00000 n Any sublet or assignment which does not comply with the provisions of this section 0000009974 00000 n 0000015547 00000 n Section 226-C - Notice of rent increase or non-renewal of residential tenancy 1. REAL PROPERTY LAW Article 1. entrepreneurship, were lowering the cost of legal services and 0000003761 00000 n thereto by reason of ownership of stock in a corporate owner of premises recover the costs of the proceeding and attorneys fees if it is found 5. unduly burdensome. right to sublease or assign. 6. 0000018137 00000 n The selection dates indicate all change milestones for the entire volume, not just the location being viewed. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. of stock in a corporate owner of premises which operates the same on a cooperative for non-profit, educational, and government users. Trust indentures and interests therein ( 124--130-k). information reasonably asked for by the landlord, whichever is later, the landlord 1. shall constitute a substantial breach of lease or tenancy. that the owner acted in bad faith by withholding consent. 7. provision of this section is null and void. When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. With respect to units covered by the emergency tenant protection Recording Instruments Affecting Real Property Article 9-A. . If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., 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). 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 (d) If the tenant has occupied the unit for more than two years or has Original Source: 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. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. therefor. 2 Such request shall be accompanied by the following information: (i) the term of : 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. To begin with, the statute goes on for a full two pages of text. Tenure of Real Property Article 4. Within thirty days after the mailing of the request for consent, or of the additional 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. 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: 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. 4. his lessee or the holder of an under-lease, under the original lease; including the > Carolyn Debra Karp, %PDF-1.7 % for non-profit, educational, and government users. New York Consolidated Laws, Real Property Law - RPP 232-b.
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