§ 236 — Assignment of lease of a deceased tenant

New York § 236

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 7: Landlord and Tenant

Text

§ 236. Assignment of lease of a deceased tenant. Notwithstanding any\ncontrary provision contained in any lease hereafter made which affects\npremises demised for residential use, or partly for residential and\npartly for professional use, the executor, administrator or legal\nrepresentative of a deceased tenant under such a lease, may request the\nlandlord thereunder to consent to the assignment of such a lease, or to\nthe subletting of the premises demised thereby. Such request shall be\naccompanied by the written consent thereto of any co-tenant or guarantor\nof such lease and a statement of the name, business and home addresses\nof the proposed assignee or sublessee. Within ten days after the mailing\nof such request, the landlord may ask the sender thereof for additional\ninformation as will enable the landlord to determine if rejection of\nsuch request shall be unreasonable. Within thirty days after the mailing\nof the request for consent, or of the additional information reasonably\nasked for by the landlord, whichever is later, the landlord shall send a\nnotice to the sender thereof of his election to terminate said lease or\nto grant or refuse his consent. Landlord's failure to send such a notice\nshall be deemed to be a consent to the proposed assignment or\nsubletting. If the landlord consents, said lease may be assigned in\naccordance with the request provided a written agreement by the assignee\nassuming the performance of the tenant's obligations under the lease is\ndelivered to the landlord in form reasonably satisfactory to the\nlandlord, or the premises may be sublet in accordance with the request,\nas the case may be, but the estate of the deceased tenant, and any other\ntenant thereunder, shall nevertheless remain liable for the performance\nof tenant's obligations under said lease. If the landlord terminates\nsaid lease or unreasonably refuses his consent, said lease shall be\ndeemed terminated, and the estate of the deceased tenant and any other\ntenant thereunder shall be discharged from further liability thereunder\nas of the last day of the calendar month during which the landlord was\nrequired hereunder to exercise his option. If the landlord reasonably\nrefuses his consent, said lease shall continue in full force and effect,\nsubject to the right to make further requests for consent hereunder. Any\nrequest, notice or communication required or authorized to be given\nhereunder shall be sent by registered or certified mail, return receipt\nrequested. This act shall not apply to a proprietary lease, viz.: a\nlease to, or held by, a tenant entitled thereto by reason of ownership\nof stock in a corporate owner of premises which operates the same on a\ncooperative basis. Any waiver of any part of this section shall be void\nas against public policy.\n