2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
236 - Assignment of lease of a deceased tenant.


NY Real Prop L § 236 (2012) What's This?
 
    §  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.

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