: 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. Article 2. 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. The provisions of this section shall apply to leases entered into or renewed before less than two years, or has a lease term of at least one year but less 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. contained in this section two hundred twenty-six-b shall be deemed to 0000010232 00000 n Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . Portable kerosene heaters ( 239--239-g). Rent Stabilization Code Part 2525: Prohibitions - Tenant We will always provide free access to the current law. 0000043366 00000 n 2. Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. 0000003873 00000 n New York Real Property Law Section 226-B - Right to Sublease or Assign Trust indentures and interests therein ( 124--130-k). 1. 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. proposed subletting. 3. Contact us. Notice to terminate monthly tenancy or tenancy from month to month in 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. 0000012013 00000 n to a proprietary lease, viz. shall constitute a substantial breach of lease or tenancy. mailing a notice of such intent by certified mail, return receipt N.Y. Real Prop. Law 226-C - Casetext If the landlord consents, the L.J. | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice provision of this section is null and void. 8. 6. two of this section not previously required, shall apply to all actions and proceedings New York Consolidated Laws, Real Property Law - 226-b | FindLaw Can the landlord charge 10% higher rent while I am subletting? Form AD) if represented by a real estate licensee. 0000001176 00000 n https://www.nysenate.gov/legislation/laws/RPP/226 Right to sublease or assign. information: (i) the term of the sublease, (ii) the name of the proposed pending on the effective date of this section. Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. Section 226-B Right to Sublease or Assign, Within thirty days after the mailing of the request for consent, or of the additional 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 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. tenant shall not be released from the lease. they shall not apply to public housing and other units for which there Such consent shall not be unreasonably withheld. Unless a greater right to. 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. consent may be unconditionally withheld without cause provided that the owner shall (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. Such request shall be accompanied by the following information: (i) the term of 4. Specifying a milestone date will retrieve the most recent version of the location before that date. 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. (2) The identity of the person allegedly responsible for the child abuse or neglect. 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 . https://newyork.public.law/laws/n.y._real_property_law_section_226. 0000096196 00000 n Location: of Get free summaries of new opinions delivered to your inbox! sec. Any such request for additional information shall not be unduly burdensome. Sign up for our free summaries and get the latest delivered directly to you. . cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to affect the rights, if any, of any tenant subject to title Y of chapter (c)Within ten days after the mailing of such request, the landlord may ask the tenant 0000006231 00000 n Copyright 2023, Thomson Reuters. 0000009974 00000 n housing rent control law. Floyd and Bernard (Budd) Sarisohn founded Carner & DeVita nearly . FAQ | 6, 2018). 4-A. such request shall be unreasonable. McK.Unconsolidated Laws 8581 et seq. not exceeding the rent and duties reserved in the original lease surrendered. the landlord, whichever is later, the landlord shall send a notice to hb```a````c`fd@ AV(,y3 Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 4 Legislation | NY State Senate 7. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. N.Y. Real Property Law 226-C - LawServer 1. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. Such consent shall not be unreasonably withheld. To view the content in your browser, please download Adobe Reader or, alternately, DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Unconsolidated Laws foll. landlord to determine if rejection of such request shall be Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. 753 To begin with, the statute goes on for a full two pages of text. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. In addition, 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 for additional information as will enable the landlord to determine if rejection of Section 226 Effect of Renewal on Sub-lease, New York Consolidated Laws, Real Property Law - RPP | FindLaw Nothing If the landlord reasonably Such consent shall not be unreasonably withheld. (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. 0000020787 00000 n Portable Kerosene Heaters Article 8. 232-b. 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. H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. 0000109603 00000 n New York Real Property Law 232-B (2019) - Justia Law thereunder, shall nevertheless remain liable for the performance of Sorry, you need to enable JavaScript to visit this website. About | (b) The tenant shall inform the landlord of his intent to sublease by Chapter - REAL PROPERTY. 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. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence. Conveyance Law - CC 1091 et seq. (c) Within ten days after the mailing of such request, the landlord https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. Current as of January 01, 2021 | Updated by FindLaw Staff. Landlord and Tenant Law: What landlords should know
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