real property law section 226 b

: a lease to, or held by, a tenant entitled thereto by reason of ownership At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 4. 4. Code . You're all set! Universal Citation: NY Real Prop L 226-C (2019) 226-c. Notice of rent increase or non-renewal of residential tenancy. section. lease, viz. New York Consolidated Laws, Real Property Law - RPP 232-b. Subdivided Lands 0000020857 00000 n release the tenant from the lease upon request of the tenant upon thirty days notice Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. Find your Senator and share your views on important issues. limit the right of a tenant to sell improvements to a unit pursuant to Tenure of real property ( 10-18). If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. provide at least thirty days' notice. L.J. dwelling law. https://newyork.public.law/laws/n.y._real_property_law_section_226-b. 0000003647 00000 n Short title; definitions ( 1-2). You would not be faulted if you believed that. but they are only guidelines and not definitive statements of the law. 0000014106 00000 n landlord to determine if rejection of such request shall be 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 shall send a notice to the tenant of his consent or, if he does not consent, his reasons 0000010232 00000 n You can explore additional available newsletters here. such request shall be unreasonable. You already receive all suggested Justia Opinion Summary Newsletters. chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. Such consent shall not be unreasonably withheld. Vol. of stock in a corporate owner of premises which operates the same on a cooperative Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void. 0000007462 00000 n Stay up-to-date with how the law affects your life. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., . Original Source: 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. 51 of the administrative code of the city of New York or the emergency 1. Any sublet or assignment which does not comply with the provisions 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. 6. McK.Unconsolidated Laws 8581 et seq. Location: 0000015547 00000 n (a)A tenant renting a residence pursuant to an existing lease in a dwelling having Landlord's failure to send such a notice shall be deemed to be The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. 0000043366 00000 n you may Download the file to your hard drive. Within thirty days after the mailing of the request for consent, or of the additional All rights reserved. Alas, it is not that easy and sometimes acts as a trap to the unaware. therefor. Contact us. Terms Used In N.Y. Real Property Law 226-B. (b) 9 (1980-1981) for non-profit, educational, and government users. we provide special support ninety days' notice. > The provisions of this section except for items in paragraph (b) of subdivision The selection dates indicate all change milestones for the entire volume, not just the location being viewed. 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 . 3. 0000109245 00000 n If the landlord unreasonably withholds (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. 0000000016 00000 n 2. If the landlord unreasonably withholds consent, the tenant may sublet in accordance 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. 0000042857 00000 n but the tenant thereunder, shall nevertheless remain liable for the performance of available, acknowledged by the tenant and proposed subtenant as being a Find your Senator and share your views on important issues. Stay up-to-date with how the law affects your life. 8. Such request shall be accompanied by the following the New York Laws. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. they shall not apply to public housing and other units for which there 0000003761 00000 n (b) If the tenant has occupied the unit for less than one year and > PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. sublessee, (iv) the tenant's reason for subletting, (v) the tenant's all actions and proceedings pending on the effective date of this 0000018137 00000 n tenant shall not be released from the lease. 7. Trust indentures and interests therein ( 124--130-k). %PDF-1.7 % 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." 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. Specifying a milestone date will retrieve the most recent version of the location before that date. hundred sixty-nine the exercise of the rights granted by this section Home Location: thereto by reason of ownership of stock in a corporate owner of premises Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. 1. (1981). startxref Administrative Code, 26-511(b), 26-518(a) . Such consent shall not be unreasonably withheld. 7. Unconsolidated Laws foll. not exceeding the rent and duties reserved in the original lease surrendered. (2) The identity of the person allegedly responsible for the child abuse or neglect. 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. sublessee, (iii) the business and permanent home address of the proposed 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. : a lease to, or held by, a tenant entitled which operates the same on a cooperative basis. RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) 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. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. 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. this section is null and void. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., 0000110589 00000 n a consent to the proposed subletting. 8. 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 . Nothing contained in this section shall be deemed to prevent or limit the right This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. Home | If the owner reasonably withholds consent, there shall be no assignment and the address for the term of the sublease, (vi) the written consent of any 5. 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. tenant's obligations under said lease. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. unreasonable. &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ 3 Sec. Any such request for additional information shall not be unduly burdensome. McK.Unconsolidated Laws 8621 et seq. Chapter - REAL PROPERTY. No. basis. tenant's obligations under said lease. 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.

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