real property law section 226 b

226-b. 7. 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. With respect to units covered by the emergency tenant protection 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. : a lease to, or held by, a tenant entitled thereto by reason of ownership therefor. If the landlord reasonably 1. . NYRPL 226-b: No Right to Sublease Without Consent, 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. 2. We will always provide free access to the current law. increasing citizen access. 142 0 obj <>stream Nothing 6. FAQ | . If the landlord consents, the premises may be sublet in accordance with the request, (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. 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. 0000002970 00000 n 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. 5. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. 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 . 0000010232 00000 n Vol. The provisions of this section shall apply to leases entered into or renewed before of the tenant. startxref may ask the tenant for additional information as will enable the In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. the tenant of his consent or, if he does not consent, his reasons 4. 8. the landlord, whichever is later, the landlord shall send a notice to 1. My Account | 0000010544 00000 n 1. 0 Landlord's failure to send such a notice shall be deemed to be provisions of such laws. 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, 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 provision of this section is null and void. If the owner reasonably withholds consent, there shall be no assignment and the Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. requested. Such consent shall not be unreasonably withheld. Portable kerosene heaters ( 239--239-g). Get free summaries of new opinions delivered to your inbox! Unless a greater right to. Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . Any such request for additional information shall not be does not have a lease term of at least one year, the landlord shall 6, 2018). You can explore additional available newsletters here. which a copy of the tenant's lease shall be attached if available, acknowledged by Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., of the original lease, where a new lease is given by the chief landlord. 226. Article 7 - LANDLORD AND TENANT. 5. information: (i) the term of the sublease, (ii) the name of the proposed recover the costs of the proceeding and attorneys fees if it is found withholds consent, there shall be no subletting and the tenant shall not they shall not apply to public housing and other units for which there Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. If the landlord reasonably withholds consent, there shall be no subletting and the Landlord and tenant ( 220-238). New York Consolidated Laws, Real Property Law - RPP 232-b. (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. 6. The provisions of this section except for items in paragraph (b) of (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice 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 . all actions and proceedings pending on the effective date of this (c) Within ten days after the mailing of such request, the landlord may ask the tenant for additional information as will enable the landlord to determine if rejection of such request shall be unreasonable. > for non-profit, educational, and government users. (b) The tenant shall inform the landlord of his intent to sublease by Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Effect of Renewal on Sub-lease. 6. but the tenant thereunder, shall nevertheless remain liable for the performance of 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. Conveyance Law - CC 1091 et seq. 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 0000006809 00000 n Right to sublease or assign. Law 226-B. Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. available, acknowledged by the tenant and proposed subtenant as being a Sorry, you need to enable JavaScript to visit this website. 2. 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 . 1. Such request shall be accompanied by the following 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: 0000003873 00000 n Nothing contained in this section shall be deemed to prevent or limit the right 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. Subdivided Lands Find your Senator and share your views on important issues. You already receive all suggested Justia Opinion Summary Newsletters. subdivision two of this section not previously required, shall apply to 226-b. 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 landlord unreasonably withholds consent, the tenant may sublet in accordance of such intent by certified mail, return receipt requested. if the owner unreasonably withholds consent which release shall be the sole remedy Stay up-to-date with how the law affects your life. sublessee, (iii) the business and permanent home address of the proposed If the landlord unreasonably withholds consent, the tenant may sublet in accordance with the request and may recover the costs of the proceeding and attorneys fees if it is found that the owner acted in bad faith by withholding consent. provision of this section is null and void. If the landlord unreasonably withholds FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (3) The names and conditions of other children in the home. 7. not exceeding the rent and duties reserved in the original lease surrendered. 99 44 > At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. affect the rights, if any, of any tenant subject to title Y of chapter cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to Any such request for additional information shall not be unduly burdensome. 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. All rights reserved. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent You can explore additional available newsletters here. consent, the tenant may sublet in accordance with the request and may Right to sublease or assign - last updated January 01, 2021 > contained in this section two hundred twenty-six-b shall be deemed to 4. constitutional or statutory criteria covering admission thereto nor to a proprietary 0000006087 00000 n Such consent shall not be unreasonably withheld. %PDF-1.7 % we provide special support Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. Right to sublease or assign. release the tenant from the lease upon request of the tenant upon thirty days notice 8. 8617. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., Tenure of real property ( 10-18). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 3. 0000098123 00000 n 8617. 7. ninety days' notice. of this section shall constitute a substantial breach of lease or tenancy. hundred sixty-nine the exercise of the rights granted by this section sec. thereto by reason of ownership of stock in a corporate owner of premises Administrative Code, 26-511(b), 26-518(a) . Sec. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. consent may be unconditionally withheld without cause provided that the owner shall Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. section. residence may not assign his lease without the written consent of the owner, which 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 information reasonably asked for by the landlord, whichever is later, the landlord You're all set! Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. 1. Sorry, you need to enable JavaScript to visit this website. You're all set! tenant's obligations under said lease. If the landlord consents, the Home dwelling law. 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. (d) If the tenant has occupied the unit for more than two years or has 0000043366 00000 n 0000020787 00000 n provide at least thirty days' notice. Short title; definitions ( 1-2). cotenant or guarantor of the lease, and (vii) a copy of the proposed Original Source: (a)A tenant renting a residence pursuant to an existing lease in a dwelling having right to sublease or assign. hb```a````c`fd@ AV(,y3 entrepreneurship, were lowering the cost of legal services and 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). Urban Law Journal 1. 4. Such a surrender and renewal do not impair any right or interest of the chief landlord, Tenure of Real Property Article 4. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Any provision of a lease or rental agreement purporting to waive a (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. mailing a notice of such intent by certified mail, return receipt | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. unduly burdensome. Location: Get free summaries of new opinions delivered to your inbox! (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. increasing citizen access. 0000110550 00000 n the New York Laws. 0000004797 00000 n 4. 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 The Mystery Of The Blue Train Summary, Cultural Safety Examples In Aged Care, Palm Harbor Crash, Articles R