2006 New York Code - Assignment Of Lease Of A Deceased Tenant.

 
    * § 236. Assignment of lease of a deceased tenant. Notwithstanding any
  contrary  provision  contained in any lease hereafter made which affects
  premises demised for residential use,  or  partly  for  residential  and
  partly  for  professional  use,  the  executor,  administrator  or legal
  representative of a deceased tenant under such a lease, may request  the
  landlord  thereunder to consent to the assignment of such a lease, or to
  the subletting of the premises demised thereby. Such  request  shall  be
  accompanied by the written consent thereto of any co-tenant or guarantor
  of  such  lease and a statement of the name, business and home addresses
  of the proposed assignee or sublessee. Within ten days after the mailing
  of such request, the landlord may ask the sender thereof for  additional
  information  as  will  enable  the landlord to determine if rejection of
  such request shall be unreasonable. Within thirty days after the mailing
  of the request for consent, or of the additional information  reasonably
  asked for by the landlord, whichever is later, the landlord shall send a
  notice  to the sender thereof of his election to terminate said lease or
  to grant or refuse his consent. Landlord's failure to send such a notice
  shall  be  deemed  to  be  a  consent  to  the  proposed  assignment  or
  subletting.  If  the  landlord  consents,  said lease may be assigned in
  accordance with the request provided a written agreement by the assignee
  assuming the performance of the tenant's obligations under the lease  is
  delivered  to  the  landlord  in  form  reasonably  satisfactory  to the
  landlord, or the premises may be sublet in accordance with the  request,
  as the case may be, but the estate of the deceased tenant, and any other
  tenant  thereunder, shall nevertheless remain liable for the performance
  of tenant's obligations under said lease.  If  the  landlord  terminates
  said  lease  or  unreasonably  refuses  his consent, said lease shall be
  deemed terminated, and the estate of the deceased tenant and  any  other
  tenant  thereunder shall be discharged from further liability thereunder
  as of the last day of the calendar month during which the  landlord  was
  required  hereunder  to  exercise his option. If the landlord reasonably
  refuses his consent, said lease shall continue in full force and effect,
  subject to the right to make further requests for consent hereunder. Any
  request, notice or communication required  or  authorized  to  be  given
  hereunder  shall be sent by registered or certified mail, return receipt
  requested. This act shall not apply 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. Any waiver of any part of this section shall be void
  as against public policy.
    * NB There are 2 § 236's