Q: Can non-family assign lease in NYC rent-stabilized apartment?
Is it possible to have a lease assigned to me even though I am not related to the current tenant? It concerns a residential, rent-stabilized property in NYC. The tenant has been living there for many years and now wants to assign the lease to a long-time friend, but not a family member. The landlord is currently unaware of this intention. The lease allows for a 2-year subletting, but I'm not sure what it specifically says about lease assignment. Is there any possibility of this assignment happening?
A:
Dear Manhattan Tenant
Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.
An Assignment usually takes the professional services of an attorney and there is no guarantee that the landlord will agree.
Lease Assignment and Lease Subleting exist due to NYS Real Property Law Section 226-B.
https://www.nysenate.gov/legislation/laws/RPP/226-B
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