Posted by Anna on September 03, 1999 at 17:15:58:
In Reply to: Re: Tenant being relocated: read DK posted by Anna on September 03, 1999 at 17:07:39:
Sec. 226-b. Right to sublease or assign.
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. If the owner reasonably withholds
consent, there shall be no assignment and the tenant shall
not be released from the lease.
2. (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. Such consent shall not be
unreasonably withheld.
(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: (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 tenant's
reason for subletting, (v) the tenant's address for the
term of the sublease, (vi) the written consent of any
co-tenant or guarantor of the lease, and (vii) a copy
of the proposed sublease, to which a copy of the
tenant's lease shall be attached if available,
acknowledged by the tenant and proposed subtenant as
being a true copy of such sublease.
(c) Within ten days after the mailing of such request, the
landlord may ask the tenant for additional information
as will enable the landlord to determine if rejection
of such request shall be unreasonable. Any such request
for additional information shall not be unduly
burdensome. 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. Landlord's failure to send such a notice
shall be deemed to be a consent to the proposed
subletting. 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 tenant's obligations under said
lease. If the landlord reasonably withholds consent,
there shall be no subletting and the tenant shall not
be released from the lease. 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.
3. The provisions of this section shall apply to leases entered
into or renewed before or after the effective date of this
section, however they shall not apply to public housing and
other units for which there are constitutional or statutory
criteria covering admission thereto nor to a proprietary
lease, viz.: 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.
4. With respect to units covered by the emergency tenant
protection act of nineteen seventy-four or the rent
stabilization law of nineteen hundred sixty-nine the
exercise of the rights granted by this section shall be
subject to the applicable provisions of such laws. 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.
5. Any sublet or assignment which does not comply with the
provisions of this section shall constitute a substantial
breach of lease or tenancy.
6. Any provision of a lease or rental agreement purporting to
waive a provision of this section is null and void.
7. 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.
8. Nothing contained in this section shall be deemed to prevent
or limit the right of a tenant to sell improvements to a
unit pursuant to article seven-C of the multiple dwelling
law.
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