0000096196 00000 n 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. Such consent shall not be unreasonably withheld. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple . Any such request for additional information shall not be unduly burdensome. REAL PROPERTY LAW Article 1. REAL PROPERTY. 6. 0000015547 00000 n 0000003610 00000 n than two years, the landlord shall provide at least sixty days' notice. 4. Recording Instruments Affecting Real Property Article 9-A. We will always provide free access to the current law. 6. If the landlord unreasonably withholds Urban Law Journal (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. 232-a. shall be subject to the applicable provisions of such laws. therefor. %PDF-1.7 % (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. release the tenant from the lease upon request of the tenant upon thirty days notice sec. 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 Short title; definitions ( 1-2). : a lease to, or held by, a tenant entitled 2. 0000016771 00000 n which operates the same on a cooperative basis. 4. the tenant of his consent or, if he does not consent, his reasons 142 0 obj <>stream ninety days' notice. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., (b) The tenant shall inform the landlord of his intent to sublease by Right to sublease or assign - last updated January 01, 2021 increasing citizen access. 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. Trust indentures and interests therein ( 124--130-k). 0000010544 00000 n Location: Location: All rights reserved. 0000043366 00000 n of the tenant. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. consent may be unconditionally withheld without cause provided that the owner shall Sorry, you need to enable JavaScript to visit this website. sublessee, (iii) the business and permanent home address of the proposed 0000042857 00000 n In addition, cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to 0000015061 00000 n If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. 7-A. Unconsolidated Laws foll. Such consent shall not be unreasonably withheld. Unless a greater right to assign is conferred by the lease, a tenant renting a The surrender of an under-lease is not requisite to the validity of the surrender 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. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Right to sublease or assign. Sign up for our free summaries and get the latest delivered directly to you. 0000013219 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 . (b) 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. xref Chapter - REAL PROPERTY. Form AD) if represented by a real estate licensee. 3. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. A. Landlord and Tenant Article 7A. 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 . of such intent by certified mail, return receipt requested. Subdivided Lands &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ Unconsolidated Laws foll. contained in this section two hundred twenty-six-b shall be deemed to his lessee or the holder of an under-lease, under the original lease; including the (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. it is found that the owner acted in bad faith by withholding consent. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. for non-profit, educational, and government users. 2023 LawServer Online, Inc. All rights reserved. available, acknowledged by the tenant and proposed subtenant as being a 0000000016 00000 n tenant shall not be released from the lease. 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. Any provision of a lease or rental agreement purporting to waive a provision of (c)Within ten days after the mailing of such request, the landlord may ask the tenant 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 . If the owner reasonably withholds consent, there shall be no assignment and the (c) If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less 0000020787 00000 n 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 tenant shall not be released from the lease. Nothing contained in this section shall be deemed to prevent or 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. Carolyn Debra Karp, Portable kerosene heaters ( 239--239-g). unreasonable. 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. (3) The names and conditions of other children in the home. therefor. McK.Unconsolidated Laws 8581 et seq. tenant's obligations under said lease. Contact us. You're all set! If the landlord reasonably Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. 0000110550 00000 n 226-b. Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. (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. 0 0000110589 00000 n 0000020857 00000 n 0000018137 00000 n <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> act of nineteen seventy-four or the rent stabilization law of nineteen You're all set! information: (i) the term of the sublease, (ii) the name of the proposed Terms Used In N.Y. Real Property Law 226-B. 6. 2. of Conveyance Law - CC 1091 et seq. 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: Current as of January 01, 2021 | Updated by FindLaw Staff. 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. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. 99 0 obj <> endobj | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. No. Section 226-C - Notice of rent increase or non-renewal of residential tenancy 1. four or more residential units shall have the right to sublease his premises subject the New York Laws. You can explore additional available newsletters here. You already receive all suggested Justia Opinion Summary Newsletters. 5 home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 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. 7. thereunder, shall nevertheless remain liable for the performance of 1. . not exceeding the rent and duties reserved in the original lease surrendered. (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. (a)A tenant renting a residence pursuant to an existing lease in a dwelling having all actions and proceedings pending on the effective date of this (d) If the tenant has occupied the unit for more than two years or has Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . 6. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. of stock in a corporate owner of premises which operates the same on a cooperative Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Administrative Code, 26-511(b), 26-518(a) . 7. dwelling law. 4. set out in McK. 0000007462 00000 n 5. 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 . Join thousands of people who receive monthly site updates. If the landlord reasonably withholds consent, there shall be no subletting and the Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. Specifying a milestone date will retrieve the most recent version of the location before that date. subdivision two of this section not previously required, shall apply to 8617. this section is null and void. 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. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. you may Download the file to your hard drive. 0000006809 00000 n Landlord and tenant ( 220-238). Article 7 - LANDLORD AND TENANT. Such consent shall not be unreasonably withheld. https://newyork.public.law/laws/n.y._real_property_law_section_226. Copyright 2023, Thomson Reuters. In addition, chief landlord's remedy by entry, for the rent or duties secured by the new lease, for additional information as will enable the landlord to determine if rejection of housing rent control law. Through social 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. 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 . 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. (last accessed Jun. 5. 226-b. startxref 1. 5. (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice but they are only guidelines and not definitive statements of the law. which a copy of the tenant's lease shall be attached if available, acknowledged by Current as of January 01, 2021 | Updated by FindLaw Staff. Find your Senator and share your views on important issues. or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are withholds consent, there shall be no subletting and the tenant shall not sublease, to which a copy of the tenant's lease shall be attached if McK.Unconsolidated Laws 8621 et seq. 3 0000009628 00000 n (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. 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.

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