Real Property Law Section 226-b: Full Text & Guide

If you rent in New York, you may need to sublet your apartment at some point. 

Real property law section 226-b protects your right to do that. But most tenants don’t know what the law actually says or how to use it. That’s what this guide is for.

I’ll walk you through the key statutory language, what it means in plain terms, and how the sublet process works step by step. 

I’ll also cover what your landlord can and cannot do, common mistakes to avoid, and tips to stay protected. By the end, you’ll know exactly how this law works for you.

This guide breaks down the law in plain language so you can act with confidence.

What Is Real Property Law Section 226-b?

Real property law section 226-b is a New York State law. It gives residential tenants the right to sublet their apartment. It applies to buildings with four or more residential units.

This law exists because life changes. You might need to work in another city for a few months. You might need to care for a sick family member. 

Whatever your reason, this law lets you find someone else to stay in your place temporarily.

It is important to note that this law does not apply to co-op apartments. Co-ops have their own set of rules.

Real Property Law Section 226-b: Key Statutory Language

Below is the key statutory language from New York Real Property Law Section 226-b.

Source: New York Consolidated Laws, Real Property Law §226-b (official statute).

“1. A tenant renting residential premises in a dwelling containing four or more residential units may sublet the premises subject to the written consent of the landlord as hereinafter provided.

2. A tenant may sublet his premises provided:

(a) The tenant shall inform the landlord of his intent to sublet by mailing a notice of such intent by registered or certified mail, return receipt requested. Such notice shall state the term of the sublease, the name of the proposed sublessee, his present address and the address to which he is moving, the reason for subletting, the tenant’s address during the sublet period, and a copy of the proposed sublease, to which a copy of the tenant’s lease shall be attached if available.

(b) Within ten days after the mailing of such notice, the landlord may ask the tenant for additional information as will enable the landlord to determine if rejection of the proposed sublessee is warranted. Any such request for additional information shall not be unduly burdensome.

(c) Within thirty days after the mailing of the notice specified in paragraph (a) of this subdivision, or of any additional information requested, whichever is later, the landlord shall send the tenant a notice of consent or, if consent is withheld, his reasons therefor.

(d) If the landlord consents to the sublet, the tenant may proceed to sublet in accordance with the proposed sublease.

(e) If the landlord fails to send such notice, his consent shall be deemed to have been given.

(f) If the landlord reasonably withholds consent, the tenant shall not sublet.

(g) If the landlord unreasonably withholds consent, the tenant may sublet in accordance with the proposed sublease and the landlord shall not be entitled to maintain a proceeding seeking to recover possession based solely on such subletting.”

Real Property Law Section 226-b Explained in Plain English

The law uses legal terms, but the meaning is simple. Let me break it down for you.

The Right to Request a Sublet: You, as the tenant, have the right to ask your landlord to sublet. That request must be sent in writing by registered or certified mail. A verbal request does not count.

Landlord Cannot Unreasonably Refuse: Your landlord cannot simply say no without a good reason. The word “unreasonably” carries a lot of weight here. A landlord who refuses without cause can face legal consequences.

Required Written Request: Your sublet request must be formal and in writing. Include all required details about the proposed subtenant and the sublet period.

Landlord Response Timeline: Once the notice is mailed, the landlord has 30 days to respond. No response means the answer is yes.

When Real Property Law Section 226-b Applies

This law applies when all of the following are true:

1. You live in a residential building with four or more units.
2. You have a valid lease in your name.
3. You are not violating your lease in other ways.

The law does not cover co-op apartments, single-family homes, or buildings with fewer than four units.

Tenant Rights Under Real Property Law Section 226-b

As a tenant, you have specific protections under this law. You have the right to submit a sublet request. 

Your landlord must respond within 30 days. If they refuse, they must give you a written reason. That reason must be valid.

If the refusal is unreasonable, you have the right to take action. 

You may challenge the denial in court, and a judge can determine that the refusal was not reasonable and allow the sublet to proceed.

Landlord Rights Under Real Property Law Section 226-b

Landlords have rights too. They can review the proposed subtenant. They can ask for additional information about that person within 10 days of receiving your notice. 

They can charge a sublet fee in some cases, but the rules around that fee depend on your apartment type.

For market-rate apartments, your lease generally controls what fees apply. 

For rent-stabilized apartments, the landlord may charge a surcharge of up to 10 percent of your legal regulated rent. These are valid rights, and knowing them helps you prepare.

A landlord can legally deny a sublet if the proposed subtenant has a poor rental history, if the sublet would violate building rules, or if the tenant plans to permanently abandon the unit.

Step-by-Step Process to Sublet Under Real Property Law Section 226-b

Following the right steps from the start keeps you protected and gives you legal standing if things go wrong.

Step 1: Submit a Written Sublet Request

Write a formal letter to your landlord. State clearly that you want to sublet your unit. Include the start and end dates of the proposed sublet. Send it by registered or certified mail, return receipt requested.

Step 2: Provide Required Information

The landlord needs details about the person who will live there. Include your proposed subtenant’s full name, current address, the address they are moving from, and your own address during the sublet period.

Step 3: Wait for the Landlord’s Response

The 30-day timeline begins after the notice is mailed, although in practice landlords usually treat it from the date they receive it. Note that the landlord may request additional information within the first 10 days, which can reset that 30-day window.

Step 4: Receive Approval or Denial

If approved, you can move forward and sign a sublease. If denied, the landlord must put the reason in writing. Review that reason carefully.

Here is a simple timeline to help you track the process:

Information Tenants Must Provide in a Sublet Request

Your written request should include the following:

1. The start and end dates of the sublet.
2. Your reason for subletting.
3. The proposed subtenant’s full name and current address.
4. The address your subtenant is moving from.
5. Your own address and contact information during the sublet period.
6. A copy of the proposed sublease agreement.
7. A copy of your existing lease, if available.

Missing any of these can give your landlord a reason to delay or deny the request. Be thorough from the start.

Legal Reasons a Landlord Can Deny a Sublet

Not every denial is unreasonable. 

There are valid grounds for refusal, including:

1. The proposed subtenant has a history of not paying rent.
2. The sublet would violate rules in the building’s offering plan.
3. Your request was missing required information.
4. You clearly intend to give up the apartment permanently.

If the landlord’s reason falls into one of these categories, their refusal is likely valid.

What Happens If a Landlord Unreasonably Refuses?

If your landlord refuses without a valid reason, you have legal options under real property law section 226-b.

You may challenge the refusal in housing court. A judge can review the landlord’s stated reason and determine if it was reasonable. 

If the court finds the refusal was not justified, it may allow the sublet to proceed. Under the statute, the landlord cannot seek eviction based solely on that subletting.

Do not sublet on your own without taking legal steps first. Document everything. Save all letters and responses. The paper trail matters in court.

Penalties for Subletting Without Permission

Subletting without first requesting permission is a different story. If you skip the process entirely, your landlord can begin eviction proceedings. 

The law protects tenants who follow the correct steps. It does not protect tenants who ignore them.

Always send the written request first. Even if you expect a refusal, the formal process is what gives you legal standing.

Real Property Law Section 226-b vs Lease Assignment

These two are not the same.

A sublet is temporary. You hand over your apartment for a set period. You keep your lease and your right to return.

A lease assignment is permanent. You transfer your lease to another person entirely. You give up your right to the unit.

Real property law section 226-b covers subletting only. If you want to assign your lease, different rules apply and you will likely need explicit landlord approval under your lease agreement.

Common Mistakes Tenants Make With Sublets

Most of these mistakes are easy to avoid once you know what to watch for.

1. Sending a verbal request instead of a written one sent by registered or certified mail.
2. Leaving out required information about the proposed subtenant.
3. Subletting without ever notifying the landlord.
4. Missing the landlord’s non-response after 30 days.
5. Treating a sublet and a lease assignment as the same thing.

Any one of these mistakes can cost you your apartment. Take the process seriously and do it right.

Practical Tips for Tenants Requesting a Sublet

A little preparation on the front end saves you a lot of stress later.

1. Send your request by registered or certified mail with a return receipt. You need proof it was mailed.
2. Keep copies of every letter you send and every response you get.
3. Mark your calendar for the 30-day deadline from the date you mailed the notice.
4. If the landlord does not respond in time, send a follow-up letter noting that silence counts as consent.
5. Talk to a tenant rights attorney if the landlord gives you trouble. Many offer free consultations.

Conclusion

Real property law section 226-b gives New York tenants real, enforceable rights. It limits what your landlord can do and spells out exactly what you must do to stay protected. 

Too many tenants make small mistakes that cost them later, often just because they didn’t know the process.

Send a written request. Include every required detail. Wait out the 30-day window. Keep records of everything. 

If your landlord refuses without a valid reason, take it to court. Do not go around the process. Real property law section 226-b works when you follow it correctly.

Are you planning to sublet your apartment soon, and do you feel confident enough now to send that first written request?

Frequently Asked Questions

What does real property law section 226-b actually require tenants to do?

You must send a written notice to your landlord by registered or certified mail with details about the proposed subtenant, the sublet term, and your address during the sublet. Your landlord then has 30 days to respond.

How long can a sublet last under this law?

The statute itself does not set a fixed time limit. However, for rent-stabilized apartments, sublets are generally limited to two years within any four-year period. Check your lease and apartment type for the rules that apply to you.

Does real property law section 226-b apply to rent-stabilized apartments?

Yes, it covers most rent-stabilized apartments in buildings with four or more units. Co-ops, condos, and buildings with fewer than four units are generally not covered.

Can my landlord charge me a fee for subletting?

It depends on your apartment type. For rent-stabilized units, the landlord may charge up to 10 percent of your legal regulated rent as a surcharge. For market-rate apartments, your lease terms generally control what fees, if any, apply.

What should I do if my landlord does not respond within 30 days?

Send a follow-up letter noting that the deadline has passed and that you are treating the non-response as consent under real property law section 226-b. Keep a copy of that letter as part of your records.