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Re: Illegal Sublet - NYC: legal assignment

Posted by JJ on January 06, 2000 at 23:59:01:

In Reply to: Illegal Sublet - NYC posted by Jeffrey C. on January 04, 2000 at 15:26:05:

Mark is incorrect when he classifies all the other answers as 'incorrect'.

Jeffrey really wants out of his lease forever. "I am not interested in renewing the lease when it finishes..." He called that 'sublet'. The correct term is 'assignment'. Most tenants make this mistake. Hell, most tenants say 'sublet' when they mean 'roommate', too!

The result of a landlord's unreasonable refusal to assign is that it cancels the lease:

Real Property Law
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. (concerns only dwellings of 4 or more units, not Jeffrey's)
3. (excludes public housing and coop-shareholder)
4-8. read it here:
http://www.tenant.net/Other_Laws/RPL/rpl07.txt

Mark's answer is incorrect because he strongly implies incorrectly that 226-b applies only to buildings of 4 or more units and because he fails to distinguish between proprietary leaseholders (coop shareholders) who are excluded and their subtenants who are do have this unconditional right:

Mark Smith incorrectly said:

: Real Property Law 226-b allows subletting in buildings with four or more units, with exceptions for co-ops, public housing, and some government-regulated buildings. It doesn't matter if the apartment is rent stabilized.

:
: Jeffrey C asked:

: : : : I live in an unregulated rental building, 3 units in all. The landlord refuses to cooperate regarding a sublease or sublet situation. I am not interested in renewing the lease when it finishes, 6/30/2000. If I do the illegal sublet, can someone advise me on how I should proceed to best shield me from potential liability?
: : : : thanks,
: : : : Jeffrey

:
: Anna correctly replied:

: : : Basically, if, after you follow the legally required procedures, the landlord unreasonably refuses a sublet, he has waived the right to collect the balance of your lease (of course, he might sue you and you'd have to fight in court).

: : : Use the search feature here and also on TenantNet Home with the words 'sublet law': you'll get a lot more info, including the law itself.

:
: Mike W also replied, not incorrectly that there are different rules for stabilized and non-stabilized:
:
: : Don't be so sure. This is an unregulated unit, so the normal sublet rule don't apply.


Alice replied, correctly:

"actually: the 'normal' rules apply to everyone, rent stab tenants have extra rules.

searched on 'sublet': read this:
http://tenant.net/Tengroup/Metcounc/Mar96/sublet.html

or this: http://tenant.net/Rights/tenguide.html from the attorney general

then read the law: Property Law 226-b, RSC 2525. "



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