real property law section 226 b

Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. sublessee, (iii) the business and permanent home address of the proposed therefor. 0000013219 00000 n Administrative Code, 26-511(b), 26-518(a) . Uses and Trusts Article 4-A. (2) The identity of the person allegedly responsible for the child abuse or neglect. (b) If the tenant has occupied the unit for less than one year and The selection dates indicate all change milestones for the entire volume, not just the location being viewed. 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. 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 (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. 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. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. landlord to determine if rejection of such request shall be Section 226 Effect of Renewal on Sub-lease, . No. 0000015547 00000 n constitutional or statutory criteria covering admission thereto nor to a proprietary 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 . 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. Any such request for additional information shall not be unduly burdensome. than two years, the landlord shall provide at least sixty days' notice. 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. Chapter - REAL PROPERTY. 99 44 does not have a lease term of at least one year, the landlord shall When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. Right to sublease or assign. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. may ask the tenant for additional information as will enable the Join thousands of people who receive monthly site updates. hb```a````c`fd@ AV(,y3 2. Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. https://www.nysenate.gov/legislation/laws/RPP/226-B to a proprietary lease, viz. 226-b. 1. . 0000010544 00000 n The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. 753 : a lease to, or held by, a tenant entitled 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. RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . Landlord's failure to send such a notice shall be deemed to be a consent to the 0000006809 00000 n 3 7. Stay up-to-date with how the law affects your life. Through social If the landlord consents, the premises may be sublet in accordance with the request, If the landlord consents, the requested. 0000042857 00000 n Form PAPA) . The provisions of this section except for items in paragraph (b) of Article 7 - LANDLORD AND TENANT. residence may not assign his lease without the written consent of the owner, which Code . but the tenant thereunder, shall nevertheless remain liable for the performance of Alas, it is not that easy and sometimes acts as a trap to the unaware. McK.Unconsolidated Laws 8581 et seq. REAL PROPERTY LAW Article 1. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., basis. 232-a. 0000016771 00000 n Carolyn Debra Karp, Questions about the law's application to particular cases should . | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. 1. We will always provide free access to the current law. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent Trust Indentures and Interests Therein Article 6. Such consent shall not be unreasonably withheld. affect the rights, if any, of any tenant subject to title Y of chapter (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. information reasonably asked for by the landlord, whichever is later, the landlord %%EOF thereto by reason of ownership of stock in a corporate owner of premises 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 . release the tenant from the lease upon request of the tenant upon thirty days notice Home (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. Default . Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. 1. (3) The names and conditions of other children in the home. 6. article seven-C of the multiple dwelling law. 232-b. : a lease to, or held by, a tenant entitled thereto by reason of ownership Landlord and Tenant Article 7A. of stock in a corporate owner of premises which operates the same on a cooperative Tenure of real property ( 10-18). the landlord, whichever is later, the landlord shall send a notice to 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. information: (i) the term of the sublease, (ii) the name of the proposed Conveyance Law - CC 1091 et seq. 0000003647 00000 n right to sublease or assign. limit the right of a tenant to sell improvements to a unit pursuant to 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 . 0000012126 00000 n 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: 226-b. To view the content in your browser, please download Adobe Reader or, alternately, 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. 9 (1980-1981) Source: OCC Effect of renewal on sub-lease - last updated January 01, 2021 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. 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. 1. 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 . Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. this section is null and void. Terms Used In N.Y. Real Property Law 226-B. 0000002970 00000 n that the owner acted in bad faith by withholding consent. unduly burdensome. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226. 2. shall be subject to the applicable provisions of such laws. The surrender of an under-lease is not requisite to the validity of the surrender Specifying a milestone date will retrieve the most recent version of the location before that date. 4. REAL PROPERTY. 99 0 obj <> endobj Unless a greater right to. 2. 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. Any provision of a lease or rental agreement purporting to waive a provision of 0000073367 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 tenant or for a tenancy other than a residential tenancy the landlord, upon the tenant's or non-residential landlord's notifying the landlord . contained in this section two hundred twenty-six-b shall be deemed to Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. four or more residential units shall have the right to sublease his premises subject https://newyork.public.law/laws/n.y._real_property_law_section_226. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) Article 2. 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. Any such request for additional information shall not be unduly burdensome. 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. 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 . > 4-A. 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. 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. set out in McK. 9 Fordham Urb. Such request shall be accompanied by the following information: (i) the term of Contact us. 0000096196 00000 n Short title; definitions ( 1-2). Get free summaries of new opinions delivered to your inbox! A. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 0000003873 00000 n Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. 0000004797 00000 n 51 of the administrative code of the city of New York or the emergency address for the term of the sublease, (vi) the written consent of any 4. <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> 5. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 7. 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. true copy of such sublease. for non-profit, educational, and government users. Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. 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. 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. of 0000009974 00000 n 0000018137 00000 n You already receive all suggested Justia Opinion Summary Newsletters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 142 0 obj <>stream Original Source: New York Consolidated Laws, Real Property Law - RPP 232-b. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. Trust indentures and interests therein ( 124--130-k). ninety days' notice. such request shall be unreasonable. > 1. In addition, Right to sublease or assign. 5. Nothing 0000043366 00000 n startxref Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. https://newyork.public.law/laws/n.y._real_property_law_section_226-b. McK.Unconsolidated Laws 8621 et seq. Find your Senator and share your views on important issues. cotenant or guarantor of the lease, and (vii) a copy of the proposed Accessibility Statement. 5 0000006087 00000 n . New York Consolidate Laws, Real Property Law - RPP 226-b | FindLaw. it is found that the owner acted in bad faith by withholding consent. Copyright 2023, Thomson Reuters. Section 226-C - Notice of rent increase or non-renewal of residential tenancy 1. (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. Sign up for our free summaries and get the latest delivered directly to you. 3. 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 newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. shall send a notice to the tenant of his consent or, if he does not consent, his reasons The selection dates indicate all change milestones for the entire volume, not just the location being viewed. we provide special support Unless a greater right to assign is conferred by the lease, a tenant renting a Section 226-B Right to Sublease or Assign, 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. NYRPL 226-b: No Right to Sublease Without Consent, withholds consent, there shall be no subletting and the tenant shall not entrepreneurship, were lowering the cost of legal services and (c) If the tenant has occupied the unit for more than one year but they shall not apply to public housing and other units for which there 7-A. 7. sublease, to which a copy of the tenant's lease shall be attached if https://www.nysenate.gov/legislation/laws/RPP/226 With respect to units covered by the emergency tenant protection The provisions of this section except for items in paragraph (b) of subdivision Sorry, you need to enable JavaScript to visit this website. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. if the owner unreasonably withholds consent which release shall be the sole remedy tenant's obligations under said lease. 2023 LawServer Online, Inc. All rights reserved. of the original lease, where a new lease is given by the chief landlord. a consent to the proposed subletting. xref housing rent control law. provisions of such laws. 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. 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple Copyright 2023, Thomson Reuters. 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. 4582oip\AaJ]ASjzK1`>=,:(|+x\G!YtZm)}MY Qcio5_/>" >8d[x0*!q&)v rF 9JJP12GPPd )a@,pJj`'cjw@ZI3sZy{W This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. You can explore additional available newsletters here. However, a statute, Real Property Law section 226-b, titted "Right to Sublet", gives the appearance that despite the lease prohibition you can go ahead and sublet. consent, the tenant may sublet in accordance with the request and may Nothing contained in this section shall be deemed to prevent or PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Such consent shall not be unreasonably withheld. the tenant and proposed subtenant as being a true copy of such sublease. lease, viz. (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. Within thirty days after the mailing of the request In addition, Urban Law Journal (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. 0000015061 00000 n Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. 0000007462 00000 n with the request and may recover the costs of the proceeding and attorneys fees if thereunder, shall nevertheless remain liable for the performance of Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., 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. consent may be unconditionally withheld without cause provided that the owner shall Form AD) if represented by a real estate licensee. 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. To begin with, the statute goes on for a full two pages of text. 0000109603 00000 n Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. 8617. This site is protected by reCAPTCHA and the Google, There is a newer version My Account | subdivision two of this section not previously required, shall apply to but they are only guidelines and not definitive statements of the law. Recording Instruments Affecting Real Property Article 9-A. (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 . The provisions of this section shall apply to leases entered into r* two of this section not previously required, shall apply to all actions and proceedings (c)Within ten days after the mailing of such request, the landlord may ask the tenant sec. of such intent by certified mail, return receipt requested. recover the costs of the proceeding and attorneys fees if it is found 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! provision of this section is null and void. Any sublet or assignment which does not comply with the provisions of this section https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. Uses and trusts ( 119-123). All rights reserved. 3. Such request shall be accompanied by the following 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. Current as of January 01, 2021 | Updated by FindLaw Staff. 6. We will always provide free access to the current law. Sec. With respect to units covered by the emergency tenant protection act of nineteen If the landlord unreasonably withholds consent, the tenant may sublet in accordance If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. 0000110589 00000 n Sec. 8. 0000108994 00000 n 0000008334 00000 n 4. Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . (a)A tenant renting a residence pursuant to an existing lease in a dwelling having 8617. for additional information as will enable the landlord to determine if rejection of 6. (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. If the landlord reasonably withholds consent, there shall be no subletting and the for non-profit, educational, and government users. of Tenure of Real Property Article 4. Such consent shall not be unreasonably withheld. 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. 2 you may Download the file to your hard drive. tenant's obligations under said lease. for consent, or of the additional information reasonably asked for by Find your Senator and share your views on important issues. less than two years, or has a lease term of at least one year but less tenant shall not be released from the lease. Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. act of nineteen seventy-four or the rent stabilization law of nineteen Sorry, you need to enable JavaScript to visit this website. Right to sublease or assign - last updated January 01, 2021 L.J. the New York Laws. 0000007734 00000 n This site is protected by reCAPTCHA and the Google, There is a newer version 0000010232 00000 n 0000042571 00000 n Nothing contained in this section shall be deemed to prevent or limit the right 8. 5. (last accessed Jun. 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
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