N.Y. Real Property Law § 226-b: Right to sublease or assign

§ 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

cotenant 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.