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Re: illegal sublet in a co-op: there is no such animal

Posted by Anna on April 09, 2001 at 01:12:27:

In Reply to: Re: illegal sublet in a co-op posted by New York Tenant on April 07, 2001 at 08:30:42:

There is no law that prohibits subletting a co-op. In fact, there is no law that prohibits subletting any apartment or house in NY state. What RPL 226-b does is void any lease clause that prohibits subletting in units in most types of multiple dwellings. It also contains procedures that both the landlord and the tenant must follow to allow the tenant to sublet her apartment or to assign his lease to a third party, unless the lease is more liberal.

There usually is a clause in the proprietary lease restricting subletting a co-op apartment. The co-op corporation would sue to evict the tenant (e.i.: shareholder (sponsor, investor or bona fide purchaser) for breach of contract/lease.

goto: 226-b

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