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Posted by Bertrand Legault on October 05, 1998 at 22:26:41:

In Reply to: Terminate non-regulated rent in Manhattan ? posted by Bertrand Legault on October 05, 1998 at 21:43:18:

: I have an appartment in midtown Manhattan. It's not rent-regulated (1100$ for a tiny studio). I live in Canada and my wife lives (most of the time) in NYC. I want to move to NYC and will need bigger appt. (this one is too small for two)

: Finding-a-job timing, etc. makes it unsuitable for us to complete the current lease (due 99-03) and we would like the landlord to re-lease (or sublet?) it himself.

: In the current lease contract I've read the following:

: "A tenant has the right to sublet his/her apartment, even if subletting is prohibited in the lease, provided that the tenant complies strictly with the provisions of Real Property Law Section 226-b."
: (here are some reference details (from tenant.net):
:
: I've also read (I think) that the landlord might be more enclined to re-lease it himself instead of having me sublet it ! Does it make sense ??

: Does anybody know what are the "provisions of section 226-b" or where I can get a copy ? NY Public Library ? NYS-DHCR ? NYCHA ?

: Thanks

Ok. I found it. It was right in front of me on page:
http://tenant.net/Other_Laws/RPL/rpl07.txt
Sorry. I hadn't noticed the full text was there along with section listing.

If I understand well:
If I'm lucky, the LL will release me from the lease (but since it's not rent-regulated, the LL might not have interest in this avenue, other than to pick the new tentant himself).
If I'm less lucky, he will accept my request and I will have to find new tenant. No. It looks like I have to find the new tenant first.

Anyone understands this ?

Excerpts:
1. 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 notice if the owner
unreasonably withholds consent which release shall be the
sole remedy of the tenant.
(b) The tenant shall inform the landlord of his intent to
sublease by mailing a notice of such intent by
certified mail, return receipt requested. Such request
shall be accompanied by the following information:
(...) (ii) the name of the proposed sublessee, ...

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• Re: Terminate non-regulated rent in Manhattan ? TenantNet 10/17/98 (0)

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Comments:
: : I have an appartment in midtown Manhattan.  It's not rent-regulated (1100$ for a tiny studio).  I live in Canada and my wife lives (most of the time) in NYC.  I want to move to NYC and will need bigger appt. (this one is too small for two)

: : Finding-a-job timing, etc. makes it unsuitable for us to complete the current lease (due 99-03) and we would like the landlord to re-lease (or sublet?) it himself.

: : In the current lease contract I've read the following:

: : "A tenant has the right to sublet his/her apartment, even if subletting is prohibited in the lease, provided that the tenant complies strictly with the provisions of Real Property Law Section 226-b."
: : (here are some reference details (from tenant.net):
: : 
: : I've also read (I think) that the landlord might be more enclined to re-lease it himself instead of having me sublet it ! Does it make sense ??

: : Does anybody know what are the "provisions of section 226-b" or where I can get a copy ?  NY Public Library ?  NYS-DHCR ?  NYCHA ?

: : Thanks

: 
: Ok. I found it.  It was right in front of me on page:
: http://tenant.net/Other_Laws/RPL/rpl07.txt
: Sorry. I hadn't noticed the full text was there along with section listing.

: If I understand well:
: If I'm lucky, the LL will release me from the lease (but since it's not rent-regulated, the LL might not have interest in this avenue, other than to pick the new tentant himself).
: If I'm less lucky, he will accept my request and I will have to find new tenant.  No.  It looks like I have to find the new tenant first.

: Anyone understands this ?

: 
: Excerpts:
: 1.   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 notice if the owner
:      unreasonably withholds consent which release shall be the
:      sole remedy of the tenant.
: (b)  The tenant shall inform the landlord of his intent to
:           sublease by mailing a notice of such intent by
:           certified mail, return receipt requested. Such request
:           shall be accompanied by the following information:
:           (...) (ii) the name of the proposed sublessee, ...


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