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Full-Text Articles in Law
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Fordham Urban Law Journal
This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Fordham Urban Law Journal
This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …
Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner
Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner
Fordham Urban Law Journal
The law generally does not favor restrictions on the alienability of property and holds that a tenant may assign or sublet a lease, unless the lease specifically provides otherwise. For instance, courts will enforce the parties' bargain, and uphold provisions in a lease that states that it is non-transferable or that it is transferable only upon the landlord's consent. However, if a lease states that the landlord will not unreasonably withhold consent to a transfer of the lease, when is a landlord's refusal to give consent unreasonable? This article examines the common law parameters of determining unreasonableness, and finds that …