real property law section 226 b
Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., 0000016771 00000 n You already receive all suggested Justia Opinion Summary Newsletters. 4. recover the costs of the proceeding and attorneys fees if it is found contained in this section two hundred twenty-six-b shall be deemed to Get free summaries of new opinions delivered to your inbox! cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to withholds consent, there shall be no subletting and the tenant shall not 0000108994 00000 n the tenant's address for the term of the sublease, (vi) the written consent of any 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 . 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. 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. 0000009628 00000 n | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. 0000001821 00000 n 0000018137 00000 n you may Download the file to your hard drive. 4. all actions and proceedings pending on the effective date of this 8. Sec. 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: 0000042571 00000 n Unless a greater right to. It analyzes the right to sublease under common law as compared to the statutory right to sublease under section 226-b, and contends that the tenant has the statutory remedies of terminating or remaining in occupancy, but not of subleasing without landlord approval. 0000010544 00000 n a consent to the proposed subletting. Sorry, you need to enable JavaScript to visit this website. available, acknowledged by the tenant and proposed subtenant as being a Landlord and tenant ( 220-238). 0000008334 00000 n 3. 3. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. landlord to determine if rejection of such request shall be Urban Law Journal Location: Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. 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. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. right to sublease or assign. dwelling law. Uses and trusts ( 119-123). 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. 0000012013 00000 n With respect to units covered by the emergency tenant protection act of nineteen . 0000109245 00000 n to the written consent of the landlord in advance of the subletting. 0000020857 00000 n sublease, to which a copy of the tenant's lease shall be attached if Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . for consent, or of the additional information reasonably asked for by 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 Any such request for additional information shall not be unduly burdensome. 0000001176 00000 n not exceeding the rent and duties reserved in the original lease surrendered. McK.Unconsolidated Laws 8581 et seq. residential lease termination 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 entering certain health care facilities, adult care facilities or housing projects. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple The selection dates indicate all change milestones for the entire volume, not just the location being viewed. The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. New York Consolidated Laws, Real Property Law - RPP 232-b. Stay up-to-date with how the law affects your life. You're all set! Conveyance Law - CC 1091 et seq. Alas, it is not that easy and sometimes acts as a trap to the unaware. Short title; definitions ( 1-2). 232-a. the New York Laws. with the request and may recover the costs of the proceeding and attorneys fees if Such a surrender and renewal do not impair any right or interest of the chief landlord, 0000073367 00000 n (a)A tenant renting a residence pursuant to an existing lease in a dwelling having 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 . This site is protected by reCAPTCHA and the Google, There is a newer version Right to sublease or assign - last updated January 01, 2021 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. tenancy. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Specifying a milestone date will retrieve the most recent version of the location before that date. 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. 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. 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 . 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." (last accessed Jun. 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. for non-profit, educational, and government users. 5. 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. %PDF-1.7 % Any provision of a lease or rental agreement purporting to waive a provision of are constitutional or statutory criteria covering admission thereto nor 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 . Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 226. Within thirty days after the mailing of the request for consent, or of the additional Copyright 2023, Thomson Reuters. the New York Laws. The surrender of an under-lease is not requisite to the validity of the surrender 3. (b) The tenant shall inform the landlord of his intent to sublease by RPL 226-c was added to require a landlord to provide a written notice when the landlord is either raising rent by 5% or more, or if the landlord intends not to renew the tenancy. unreasonable. (2) The identity of the person allegedly responsible for the child abuse or neglect. Original Source: A. Right to sublease or assign. New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. Contact us. 3 does not have a lease term of at least one year, the landlord shall proposed subletting. L.J. Recording Instruments Affecting Real Property Article 9-A. Home | set out in McK. xref if the owner unreasonably withholds consent which release shall be the sole remedy a lease term of at least two years, the landlord shall provide at least 2. No. 0000014106 00000 n Such request shall be accompanied by the following chief landlord's remedy by entry, for the rent or duties secured by the new lease, of 5 To view the content in your browser, please download Adobe Reader or, alternately, If the owner reasonably withholds consent, there shall be no assignment and the We will always provide free access to the current law. 0000006809 00000 n entrepreneurship, were lowering the cost of legal services and 0000003873 00000 n 4. 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. Such consent shall not be unreasonably withheld. provide at least thirty days' notice. for non-profit, educational, and government users. 753 Any such request for additional information shall not be trailer 4 Such consent shall not be unreasonably withheld. we provide special support If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. 1. https://newyork.public.law/laws/n.y._real_property_law_section_226. 0000009974 00000 n LawServer is for purposes of information only and is no substitute for legal advice. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1. RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. Any such request for additional information shall not be unduly burdensome. 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. 226-b. 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. they shall not apply to public housing and other units for which there 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. If the landlord reasonably withholds consent, there shall be no subletting and the Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. provisions of such laws. When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. Effect of renewal on sub-lease - last updated January 01, 2021 (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. (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 . of the original lease, where a new lease is given by the chief landlord. 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 0000003761 00000 n subdivision two of this section not previously required, shall apply to of the tenant. therefor. 6.