N.Y. Real Property Law § 236: Assignment of lease of a deceased tenant

§ 236. Assignment of lease of a deceased tenant. Notwithstanding any

contrary provision contained in any lease hereafter made which affects

premises demised for residential use, or partly for residential and

partly for professional use, the executor, administrator or legal

representative of a deceased tenant under such a lease, may request the

landlord thereunder to consent to the assignment of such a lease, or to

the subletting of the premises demised thereby. Such request shall be

accompanied by the written consent thereto of any co-tenant or guarantor

of such lease and a statement of the name, business and home addresses

of the proposed assignee or sublessee. Within ten days after the mailing

of such request, the landlord may ask the sender thereof for additional

information as will enable the landlord to determine if rejection of

such request shall be unreasonable. 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 sender thereof of his election to terminate said lease or

to grant or refuse his consent. Landlord's failure to send such a notice

shall be deemed to be a consent to the proposed assignment or

subletting. If the landlord consents, said lease may be assigned in

accordance with the request provided a written agreement by the assignee

assuming the performance of the tenant's obligations under the lease is

delivered to the landlord in form reasonably satisfactory to the

landlord, or the premises may be sublet in accordance with the request,

as the case may be, but the estate of the deceased tenant, and any other

tenant thereunder, shall nevertheless remain liable for the performance

of tenant's obligations under said lease. If the landlord terminates

said lease or unreasonably refuses his consent, said lease shall be

deemed terminated, and the estate of the deceased tenant and any other

tenant thereunder shall be discharged from further liability thereunder

as of the last day of the calendar month during which the landlord was

required hereunder to exercise his option. If the landlord reasonably

refuses his consent, said lease shall continue in full force and effect,

subject to the right to make further requests for consent hereunder. Any

request, notice or communication required or authorized to be given

hereunder shall be sent by registered or certified mail, return receipt

requested. This act shall not apply 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. Any waiver of any part of this section shall be void

as against public policy.