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What does section 226-b of the real property law mean?

What does section 226-b of the real property law mean?

Full question:

I will like to know what is the meaning of section 226b of the real property law (on a lease)?

Category: Real Property
Date: 04/07/2025
State: New York

Answer:

Section 226-b of the New York Real Property Law outlines the rights of tenants regarding subleasing and assignment of leases:

1. A tenant renting a residence cannot assign their lease without the landlord's written consent. The landlord can withhold consent without cause, but if they unreasonably do so, the tenant can request to be released from the lease with thirty days' notice. If the landlord reasonably withholds consent, the tenant cannot assign the lease.

2. For tenants in buildings with four or more residential units, they have the right to sublease their premises with the landlord's written consent, which cannot be unreasonably withheld. The tenant must notify the landlord of their intent to sublease by certified mail, providing specific information about the sublease and the proposed sublessee.

3. The landlord has ten days to request additional information from the tenant. Within thirty days of the initial request or the landlord's request for more information, the landlord must respond with consent or reasons for refusal. If the landlord fails to respond, consent is assumed.

4. The provisions apply to all leases, but not to public housing or proprietary leases. They are also subject to emergency tenant protection laws.

5. Any sublet or assignment that does not comply with these provisions is a substantial breach of the lease.

6. Any lease clause that tries to waive these rights is void.

7. The provisions apply to all pending actions as of the effective date.

8. Tenants can sell improvements to their unit under specific laws.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the downsides of subleasing?

Subleasing can lead to several downsides for tenants. First, the original tenant remains liable for the lease, meaning if the subtenant fails to pay rent or damages the property, the original tenant is responsible. Additionally, subleasing without proper consent can violate lease terms, potentially leading to eviction. There may also be complications in finding a reliable subtenant, and the original tenant may face challenges if the subtenant does not adhere to the lease rules. Lastly, the landlord's approval is required, which can be withheld, complicating the process.

What is section 226-B of the NY real property law?

Section 226-B of the New York Real Property Law governs the rights of tenants regarding lease assignments and subleasing. It requires landlords to provide written consent for lease assignments and establishes that such consent cannot be unreasonably withheld for subleasing in buildings with four or more units. It also outlines the process for notifying landlords and the timeline for their responses. This section aims to protect tenants' rights while ensuring landlords can manage their properties effectively.

What is Section 226 C of the New York State Real Property Law?

Section 226-C of the New York State Real Property Law pertains to the rights of tenants regarding the sale of improvements made to their rental units. It allows tenants to sell certain improvements to the landlord or a new tenant under specific conditions. This section ensures that tenants can benefit from their investments in property enhancements while providing a framework for the transaction process. Always check the latest laws for any updates or changes.

What does this mean residential real property that is alienable separate from the title to any other dwelling unit?

The phrase 'residential real property that is alienable separate from the title to any other dwelling unit' refers to property that can be sold or transferred independently of other properties. This means that the ownership of this property is distinct and does not depend on the ownership of adjacent or related properties. In practical terms, it allows for the individual sale or lease of a dwelling unit without affecting the ownership of other units or properties.

What are the downfalls of subletting?

Subletting can present several challenges for tenants. Firstly, the original tenant remains liable for the lease, meaning they could face financial repercussions if the subtenant fails to comply with lease terms. Additionally, finding a trustworthy subtenant can be difficult, and the original tenant may have to deal with potential conflicts or issues. If the landlord does not approve the sublease, the tenant may be forced to remain in a lease that no longer suits their needs. Lastly, subletting can complicate relationships with landlords.

What are the cons of subleasing?

The cons of subleasing include the original tenant's ongoing liability for the lease, which means they are responsible for any issues caused by the subtenant. Additionally, if the landlord does not approve the sublease, the tenant may face eviction or legal issues. There is also the risk of finding a subtenant who may not respect the property or the lease terms, leading to potential conflicts. Furthermore, subleasing can complicate the tenant's living situation, especially if the subtenant does not adhere to the original lease conditions.