2 2. Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. 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. 0000109603 00000 n > My Account | Landlord's failure to send such a notice shall be deemed to be Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. 0000018137 00000 n 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. 7. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 0000042857 00000 n tenant's obligations under said lease. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to 0000003873 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. Alas, it is not that easy and sometimes acts as a trap to the unaware. or renewed before or after the effective date of this section, however 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. trailer 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. Nothing . Specifying a milestone date will retrieve the most recent version of the location before that date. The provisions of this section shall apply to leases entered into or renewed before to the written consent of the landlord in advance of the subletting. Copyright 2023, Thomson Reuters. 3 5 Find your Senator and share your views on important issues. r* Effect of renewal on sub-lease - last updated January 01, 2021 Within thirty days after the mailing of the request for consent, or of the additional 0000020787 00000 n 0000003610 00000 n Such consent shall not be unreasonably withheld. McK.Unconsolidated Laws 8621 et seq. Carolyn Debra Karp, Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. Specifying a milestone date will retrieve the most recent version of the location before that date. it is found that the owner acted in bad faith by withholding consent. (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 . (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. New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. Any sublet or assignment which does not comply with the provisions of this section Form PAPA) . The provisions of this section except for items in paragraph (b) of 0000006231 00000 n 0000073367 00000 n > residence may not assign his lease without the written consent of the owner, which shall be subject to the applicable provisions of such laws. that the owner acted in bad faith by withholding consent. To begin with, the statute goes on for a full two pages of text. 1. . Sorry, you need to enable JavaScript to visit this website. entrepreneurship, were lowering the cost of legal services and The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. 2. therefor. 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. You're all set! but the tenant thereunder, shall nevertheless remain liable for the performance of For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. 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. Within thirty days after the mailing of the request (b) If the tenant has occupied the unit for less than one year and for additional information as will enable the landlord to determine if rejection of New York Consolidated Laws, Real Property Law - RPP 232-b. proposed subletting. dwelling law. 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 . You would not be faulted if you believed that. Form AD) if represented by a real estate licensee. 0000108994 00000 n If the owner reasonably withholds consent, there shall be no assignment and the 1. Effect of Renewal on Sub-lease. Such consent shall not be unreasonably withheld. of this section shall constitute a substantial breach of lease or Accessibility Statement. With respect to units covered by the emergency tenant protection 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. REAL PROPERTY. constitutional or statutory criteria covering admission thereto nor to a proprietary . 0000012126 00000 n Get free summaries of new opinions delivered to your inbox! Right to sublease or assign - last updated January 01, 2021 Any such request for additional information shall not be for non-profit, educational, and government users. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. act of nineteen seventy-four or the rent stabilization law of nineteen 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 https://www.nysenate.gov/legislation/laws/RPP/226-B they shall not apply to public housing and other units for which there 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." You're all set! The surrender of an under-lease is not requisite to the validity of the surrender Dower and Curtesy Article 7. 9 Fordham Urb. 0000016771 00000 n Tenure of real property ( 10-18). : a lease to, or held by, a tenant entitled shall constitute a substantial breach of lease or tenancy. Subdivided Lands 0000009974 00000 n Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are sublessee, (iv) the tenant's reason for subletting, (v) the tenant's 7. Nothing contained in this section shall be deemed to prevent or limit the right 5. Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. You can explore additional available newsletters here. About | 0 Section 226-B Right to Sublease or Assign, 0000006782 00000 n Such consent shall not be unreasonably withheld. https://newyork.public.law/laws/n.y._real_property_law_section_226-b. the tenant of his consent or, if he does not consent, his reasons 4. affect the rights, if any, of any tenant subject to title Y of chapter RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. 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. right to sublease or assign. 1. 0000002970 00000 n Contact us. Join thousands of people who receive monthly site updates. 6. 5. (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. 7. The provisions of this section except for items in paragraph (b) of subdivision limit the right of a tenant to sell improvements to a unit pursuant to 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. 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. 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 . 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. 0000007734 00000 n the New York Laws. (d) If the tenant has occupied the unit for more than two years or has 99 0 obj <> endobj the New York Laws. Article 2. Trust indentures and interests therein ( 124--130-k). 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). Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. 0000004147 00000 n of All rights reserved. 4-A. all actions and proceedings pending on the effective date of this his lessee or the holder of an under-lease, under the original lease; including the of the original lease, where a new lease is given by the chief landlord. 1. (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. 9 (1980-1981) REAL PROPERTY LAW Article 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 0000010232 00000 n be released from the lease. for consent, or of the additional information reasonably asked for by A. 3. Any provision of a lease or rental agreement purporting to waive a provision of 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. 7-A. 8. Urban Law Journal 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 0000015547 00000 n hb```a````c`fd@ AV(,y3 (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. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. 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. startxref We will always provide free access to the current law. All rights reserved. 226-b. hundred sixty-nine the exercise of the rights granted by this section (2) The identity of the person allegedly responsible for the child abuse or neglect. 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. basis. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 226-b. You already receive all suggested Justia Opinion Summary Newsletters. 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: (c)Within ten days after the mailing of such request, the landlord may ask the tenant | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. 0000001821 00000 n A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided . this section is null and void. release the tenant from the lease upon request of the tenant upon thirty days notice If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. 232-a. Sorry, you need to enable JavaScript to visit this website. 232-b. of such intent by certified mail, return receipt requested. pending on the effective date of this section. housing rent control law. 8. landlord to determine if rejection of such request shall be 0000010544 00000 n Sign up for our free summaries and get the latest delivered directly to you. thereunder, shall nevertheless remain liable for the performance of Conveyances and Mortgages Article 9. Right to sublease or assign. 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. Such a surrender and renewal do not impair any right or interest of the chief landlord, 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. LawServer is for purposes of information only and is no substitute for legal advice. (b) The tenant shall inform the landlord of his intent to sublease by Any provision of a lease or rental agreement purporting to waive a tenancy. Portable kerosene heaters ( 239--239-g). 8617. Unless a greater right to assign is conferred by the lease, a tenant renting a Sec. 2. 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. 1. Conveyance Law - CC 1091 et seq. 0000001176 00000 n 51 of the administrative code of the city of New York or the emergency If the landlord reasonably withholds consent, there shall be no subletting and the 0000020972 00000 n we provide special support &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . Recording Instruments Affecting Real Property Article 9-A. information: (i) the term of the sublease, (ii) the name of the proposed FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. subdivision two of this section not previously required, shall apply to 8. Nothing contained in this section shall be deemed to prevent or of (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. sec. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. SECTION 226-B Right to sublease or assign up ARTICLE 7 Landlord and Tenant next SECTION 227 When tenant may surrender premises SECTION 226-C 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 tenancy. (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. Right to sublease or assign. 0000042571 00000 n Short title; definitions ( 1-2). Right to sublease or assign. for non-profit, educational, and government users. 4. . Current as of January 01, 2021 | Updated by FindLaw Staff. cotenant or guarantor of the lease, and (vii) a copy of the proposed H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. 226. We will always provide free access to the current law. which operates the same on a cooperative basis. Uses and trusts ( 119-123). NYRPL 226-b: No Right to Sublease Without Consent, Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. such request shall be unreasonable. Any sublet or assignment which does not comply with the provisions : 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. entrepreneurship, were lowering the cost of legal services and (3) The names and conditions of other children in the home. Code . Find your Senator and share your views on important issues. 0000001693 00000 n which a copy of the tenant's lease shall be attached if available, acknowledged by Sec. 6. 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 8. Original Source: At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Landlord and tenant ( 220-238). 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. section. 0000003761 00000 n : a lease to, or held by, a tenant entitled thereto by reason of ownership 0000000016 00000 n If the landlord consents, the premises may be sublet in accordance with the request,
13 mai 2023