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Roommate Law (RPL 226-b) Doesn't Cover Co-ops

Posted by New York Tenant on April 09, 2001 at 07:16:29:

In Reply to: Re: illegal sublet in a co-op: there is no such animal posted by Anna on April 09, 2001 at 01:12:27:

Anna's message is misleading. Real Property Law (RPL) 226-b(3) specifically excludes co-ops from coverage by the roommate law:

RPL 226-b(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.


:
: There is no law that prohibits subletting a
co-op. In fact, there is no law that prohibits
subletting any apartment or house in NY state.
What RPL 226-b does is void any lease clause that prohibits subletting in units in most types of
multiple dwellings. It also contains procedures
that both the landlord and the tenant must follow to allow the tenant to sublet her apartment or to assign his lease to a third party, unless the
lease is more liberal.

: There usually is a clause in the proprietary
lease restricting subletting a co-op apartment.
The co-op corporation would sue to evict the
tenant (e.i.: shareholder (sponsor, investor or
bona fide purchaser) for breach of
contract/lease.

: http://www.tenant.net/Other_Laws/RPL/rpl07.txt

: goto: 226-b


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