BILL NO A00972
SAME AS No same as
SPONSOR Rosenthal (MS)
MLTSPNSR Colton, Cymbrowitz, Farrell, Gottfried, Rivera
Amd S226-b, RP L
Requires the division of housing and community renewal to promulgate forms
which a landlord of a rent regulated unit in a building with four or more such
units shall be required to use when requesting additional information from a
tenant who has made a request to sublet.
TITLE OF BILL: An act to amend the real property law, in relation to
the landlord's request for information regarding a request to sublet
PURPOSE OR GENERAL IDEA OF BILL: This bill would require that in
buildings with four or more units in New York City and the downstate
counties landlords considering tenant requests to sublet could use
only questions and forms from the Division of Housing and Community
Renewal (DHCR) to obtain additional information from tenants.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision four of section 226-b of
the real property law would be amended to specify that landlords of
units subject to the Emergency Tenant Protection Act of 1974 and the
Rent Stabilization Law of 1969 who demand additional information from
tenants who have submitted requests to sublet must do so on forms
promulgated by the (DHCR) and including only questions provided by the
The forms would have to be promulgated within 30 days after the bill
became law and would have to vary to accommodate the differing
subletting standards under the various applicable laws.
JUSTIFICATION: Landlords are supplying excessively lengthy lists of
unnecessary questions to tenants who wish to sublet. The Division form
would provide a check on this and could be expected to assure that
only reasonably necessary questions are asked. While the courts have
supported the right of tenants to refuse to complete unnecessary
questionnaires, tenants should not have to go to court or risk refusal
of permission to sublet.
PRIOR LEGISLATIVE HISTORY: A.241 of 2013-2014 A.1778 of 2011-2012
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill would take effect immediately and would
apply to sublease requests mailed to a landlord on or after the date
the form is promulgated by the Division.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
Introduced by M. of A. ROSENTHAL, ORTIZ -- Multi-Sponsored by -- M. of
A. COLTON, CYMBROWITZ, FARRELL, GOTTFRIED, RIVERA -- read once and
referred to the Committee on Housing
AN ACT to amend the real property law, in relation to the landlord's
request for information regarding a request to sublet
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 226-b of the real property law, as
2 added by chapter 403 of the laws of 1983, is amended to read as follows:
3 4. With respect to units covered by the emergency tenant protection
4 act of nineteen seventy-four or the rent stabilization law of nineteen
5 hundred sixty-nine the exercise of the rights granted by this section
6 shall be subject to the applicable provisions of such laws. IN THE CASE
7 OF SUCH UNITS, ANY REQUEST FOR ADDITIONAL INFORMATION MADE PURSUANT TO
8 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL BE UPON FORMS
9 PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND SHALL
10 INCLUDE ONLY THOSE QUESTIONS PROVIDED BY THE DIVISION. Nothing contained
11 in this section [two hundred twenty-six-b] shall be deemed to affect the
12 rights, if any, of any tenant subject to [title Y of chapter 51] CHAPTER
13 THREE OF TITLE TWENTY-SIX of the administrative code of the city of New
14 York or the emergency housing rent control law.
15 S 2. Within thirty days after this act shall have become a law, the
16 division of housing and community renewal shall promulgate such forms as
17 shall be required to effectuate the provisions of section one of this
18 act. Such forms shall vary to accommodate the differing standards appli-
19 cable to subletting under the various laws and codes governing sublet-
21 S 3. This act shall take effect immediately and shall apply to sub-
22 lease requests mailed to a landlord on or after the date the form
23 provided for by this act is promulgated by the division of housing and
24 community renewal.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.