Subletting and Assignment - RPL §226-b

Assignment

Unless the lease gives a greater right, a residential tenant may not assign the lease without the owner's written consent. The owner may withhold consent to an assignment without cause, but if consent is unreasonably withheld the tenant may request release from the lease on 30 days' notice. The statute identifies release - not an unauthorized assignment - as the tenant's remedy.

Subletting in a Dwelling with Four or More Units

A residential tenant with an existing lease in a dwelling having four or more residential units has a statutory right to request a sublet, subject to the landlord's advance written consent, which may not be unreasonably withheld.

The tenant's certified-mail request must include the proposed term, proposed subtenant's name and addresses, reason for subletting, tenant's address during the sublet, written consent of any cotenant or guarantor, and a copy of the proposed sublease with the tenant's lease attached if available.

Within 10 days after the request is mailed, the landlord may ask for reasonably necessary additional information that is not unduly burdensome. Within 30 days after the original request or the reasonably requested additional information is mailed, whichever is later, the landlord must give consent or state the reasons for non-consent. Failure to respond is deemed consent under the statute.

If the landlord reasonably withholds consent, there is no sublet and the tenant is not released. If consent is unreasonably withheld, the statute permits the tenant to sublet in accordance with the request and provides a potential recovery of proceeding costs and attorney fees when the owner acted in bad faith. The original tenant remains liable for lease obligations during an approved sublet.

Important Exclusions and Overlays

Section 226-b excludes public housing and other admission-controlled units described by the statute, and excludes a cooperative proprietary lease. Rent-stabilized and ETPA units remain subject to their applicable regulatory rules. A proposed decision should therefore be reviewed for both §226-b and any separate regulatory overlay.

Botway Operating Rule

Botway may organize the request and response dates supplied by the parties. It does not decide whether a denial is reasonable, approve a subtenant, calculate regulated sublet rent, or advise a tenant to proceed without consent. Route those decisions to counsel.

Verified Source

• New York Senate, Real Property Law §226-b - fetched and read 2026-08-07.

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This article provides general educational information only and is not legal advice. Counsel should evaluate the lease, statutory exclusions, regulatory status, request, and response.