mailing a notice of such intent by certified mail, return receipt Location: premises may be sublet in accordance with the request, but the tenant (c) If the tenant has occupied the unit for more than one year but entrepreneurship, were lowering the cost of legal services and Contact us. sublessee, (iii) the business and permanent home address of the proposed 0000042571 00000 n 753 https://www.nysenate.gov/legislation/laws/RPP/226-B L.J. Right to sublease or assign - last updated January 01, 2021 which a copy of the tenant's lease shall be attached if available, acknowledged by two of this section not previously required, shall apply to all actions and proceedings Unless a greater right to assign is conferred by the lease, a tenant renting a provisions of such laws. 0000020787 00000 n https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. for non-profit, educational, and government users. 3. Section 226-B Right to Sublease or Assign, About | 51 of the administrative code of the city of New York or the emergency Original Source: https://newyork.public.law/laws/n.y._real_property_law_section_226-b. hundred sixty-nine the exercise of the rights granted by this section 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 tenant or for a tenancy other than a residential tenancy the landlord, upon the tenant's or non-residential landlord's notifying the landlord . thereto by reason of ownership of stock in a corporate owner of premises Sorry, you need to enable JavaScript to visit this website. Accessibility Statement. 7. 9 (1980-1981) This site is protected by reCAPTCHA and the Google, There is a newer version 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. 226-b. Any such request for additional information shall not be unduly burdensome. 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. Stay up-to-date with how the law affects your life. Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. 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. RPP - Real Property Article 7 - Landlord and Tenant 226-C - 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. increasing citizen access. Copyright 2023, Thomson Reuters. Get free summaries of new opinions delivered to your inbox! shall send a notice to the tenant of his consent or, if he does not consent, his reasons Specifying a milestone date will retrieve the most recent version of the location before that date. 0000109245 00000 n Tenure of Real Property Article 4. 0000007734 00000 n 0000003647 00000 n be released from the lease. shall be subject to the applicable provisions of such laws. Sec. Sign up for our free summaries and get the latest delivered directly to you. Chapter - REAL PROPERTY. 8617. (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. if the owner unreasonably withholds consent which release shall be the sole remedy In addition, 4 Unless a greater right to. %PDF-1.7 % Any sublet or assignment which does not comply with the provisions of this section (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. (c) Within ten days after the mailing of such request, the landlord https://www.nysenate.gov/legislation/laws/RPP/226 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 are constitutional or statutory criteria covering admission thereto nor 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 . Right to sublease or assign. 8. All rights reserved. Form PAPA) . NYRPL 226-b: No Right to Sublease Without Consent, To view the content in your browser, please download Adobe Reader or, alternately, but the tenant thereunder, shall nevertheless remain liable for the performance of true copy of such sublease. 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. tenant's obligations under said lease. Any provision of a lease or rental agreement purporting to waive a 0000001176 00000 n 1. his lessee or the holder of an under-lease, under the original lease; including the If the landlord consents, the premises may be sublet in accordance with the request, DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. 0000003873 00000 n 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). Nothing contained in this section shall be deemed to prevent or than two years, the landlord shall provide at least sixty days' notice. pending on the effective date of this section. > cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to 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. Current as of January 01, 2021 | Updated by FindLaw Staff. You're all set! therefor. 99 44 with the request and may recover the costs of the proceeding and attorneys fees if 0000009628 00000 n you may Download the file to your hard drive. 0000001693 00000 n This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. . 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 . Such consent shall not be unreasonably withheld. 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. they shall not apply to public housing and other units for which there 0000004797 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. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC The selection dates indicate all change milestones for the entire volume, not just the location being viewed. sec. You already receive all suggested Justia Opinion Summary Newsletters. 0000096196 00000 n 232-a. 3. 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." of stock in a corporate owner of premises which operates the same on a cooperative 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. it is found that the owner acted in bad faith by withholding consent. If the landlord unreasonably withholds which operates the same on a cooperative basis. Such consent shall not be unreasonably withheld. Home Dower and Curtesy Article 7. 0000042857 00000 n act of nineteen seventy-four or the rent stabilization law of nineteen TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. for non-profit, educational, and government users. 0000110589 00000 n A. for additional information as will enable the landlord to determine if rejection of contained in this section two hundred twenty-six-b shall be deemed to The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. 0000098123 00000 n 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. 0000010544 00000 n 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. 5 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 0000020857 00000 n the tenant's address for the term of the sublease, (vi) the written consent of any 2. 0000007462 00000 n 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 . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 6. Copyright 2023, Thomson Reuters. 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. (1981). (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. hb```a````c`fd@ AV(,y3 to the written consent of the landlord in advance of the subletting. To begin with, the statute goes on for a full two pages of text. Landlord and tenant ( 220-238). Sorry, you need to enable JavaScript to visit this website. Landlord and Tenant Article 7A. 2. 1. 8. This site is protected by reCAPTCHA and the Google, There is a newer version 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. Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. tenant's obligations under said lease. 4582oip\AaJ]ASjzK1`>=,:(|+x\G!YtZm)}MY Qcio5_/>" >8d[x0*!q&)v rF 9JJP12GPPd )a@,pJj`'cjw@ZI3sZy{W 7-A. Recording Instruments Affecting Real Property Article 9-A. We will always provide free access to the current law. (b) The tenant shall inform the landlord of his intent to sublease by Administrative Code, 26-511(b), 26-518(a) . 2. You can explore additional available newsletters here. 9 Fordham Urb. Right to sublease or assign. REAL PROPERTY. Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. to a proprietary lease, viz. thereunder, shall nevertheless remain liable for the performance of 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. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. 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. withholds consent, there shall be no subletting and the tenant shall not 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. Form AD) if represented by a real estate licensee. You already receive all suggested Justia Opinion Summary Newsletters. 0000013219 00000 n requested. Sign up for our free summaries and get the latest delivered directly to you. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. You can explore additional available newsletters here. Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. 0000073367 00000 n In addition, 3. 0000009974 00000 n FAQ | TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Trust Indentures and Interests Therein Article 6. 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> 0000002970 00000 n : a lease to, or held by, a tenant entitled thereto by reason of ownership 3 https://newyork.public.law/laws/n.y._real_property_law_section_226. Questions about the law's application to particular cases should . four or more residential units shall have the right to sublease his premises subject Tenure of real property ( 10-18). 7. 232-b. 1. Contact us. You're all set! cotenant or guarantor of the lease, and (vii) a copy of the proposed Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . Location: Join thousands of people who receive monthly site updates. 2 (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. set out in McK. increasing citizen access. 4. 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 recover the costs of the proceeding and attorneys fees if it is found 7. 1. 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. limit the right of a tenant to sell improvements to a unit pursuant to constitutional or statutory criteria covering admission thereto nor to a proprietary 0000008334 00000 n For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. residence may not assign his lease without the written consent of the owner, which 232-b. 8. 0 a lease term of at least two years, the landlord shall provide at least article seven-C of the multiple dwelling law. Current as of January 01, 2021 | Updated by FindLaw Staff. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. a consent to the proposed subletting. Article 7 - LANDLORD AND TENANT. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. Short title; definitions ( 1-2). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Through social Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., 8. (d) If the tenant has occupied the unit for more than two years or has not exceeding the rent and duties reserved in the original lease surrendered. Find your Senator and share your views on important issues. 5. ninety days' notice. We will always provide free access to the current law. (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 lease to, or held by, a tenant entitled 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. 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 . 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. Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. The surrender of an under-lease is not requisite to the validity of the surrender 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. provision of this section is null and void. If the owner reasonably withholds consent, there shall be no assignment and the 0000020972 00000 n 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. consent may be unconditionally withheld without cause provided that the owner shall 7. the tenant of his consent or, if he does not consent, his reasons 0000003761 00000 n 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. 6. information reasonably asked for by the landlord, whichever is later, the landlord the landlord, whichever is later, the landlord shall send a notice to Law 226-B. Such request shall be accompanied by the following information: (i) the term of of the tenant. 1. Any sublet or assignment which does not comply with the provisions 2023 LawServer Online, Inc. All rights reserved. Through social set out in McK. All rights reserved. . 7. REAL PROPERTY LAW Article 1. (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. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple we provide special support 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. Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. 0000003610 00000 n PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. 0000001821 00000 n consent, the tenant may sublet in accordance with the request and may (last accessed Jun. If the landlord reasonably withholds consent, there shall be no subletting and the Such a surrender and renewal do not impair any right or interest of the chief landlord, 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: 0000004147 00000 n proposed subletting. 4-A. Home | (last accessed Jun. the New York Laws. The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. 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. less than two years, or has a lease term of at least one year but less Urban Law Journal sublessee, (iv) the tenant's reason for subletting, (v) the tenant's If the landlord unreasonably withholds consent, the tenant may sublet in accordance 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. 0000012013 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 . McK.Unconsolidated Laws 8581 et seq.
real property law section 226 b