N.Y. Real Property Law Section 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.

Source: Section 236 — Assignment of lease of a deceased tenant, https://www.­nysenate.­gov/legislation/laws/RPP/236 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

220
Action for use and occupation 221
Rent due on life leases recoverable 222
When rent is apportionable 223
Rights where property or lease is transferred 223‑A
Remedies of lessee when possession is not delivered 223‑B
Retaliation by landlord against tenant 224
Attornment by tenant 225
Notice of action adverse to possession of tenant 226
Effect of renewal on sub-lease 226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements 226‑B
Right to sublease or assign 226‑C
Notice of rent increase or non-renewal of residential tenancy 227
When tenant may surrender premises 227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering... 227‑B
Termination of certain contracts by senior citizens 227‑C
Termination of residential lease by victims of domestic violence 227‑D
Discrimination based on domestic violence status 227‑E
Landlord duty to mitigate damages 227‑F
Denial on the basis of involvement in prior disputes prohibited 228
Termination of tenancies at will or by sufferance, by notice 229
Liability of tenant holding over after giving notice of intention to quit 230
Right of tenants to form, join or participate in tenants’ groups 231
Lease, when void 231‑A
Sprinkler system notice in residential leases 231‑B
Flood history and risk notice in residential leases 231‑C
Good cause eviction law notice 232
Duration of certain agreements in New York 232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York 232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York 232‑C
Holding over by a tenant after expiration of a term longer than one month 233
Manufactured home parks 233‑A
Sale of manufactured home parks 233‑B
Manufactured home parks 233‑B*2
Campgrounds 233‑C
Residential ground lease cooperative apartment buildings 234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property 234‑A
Unauthorized legal fees 235
Wilful violations 235‑A
Tenant right to offset payments and entitlement to damages in certain cases 235‑B
Warranty of habitability 235‑BB
Certificates of occupancy 235‑C
Unconscionable lease or clause 235‑D
Harassment 235‑E
Duty to provide a written receipt 235‑F
Unlawful restrictions on occupancy 235‑G
Electronic billing and/or payment of rent 235‑H
Waiver of right to bring a declaratory judgment action 235‑I
Unreasonable tenant fees for reproductions of keys 236
Assignment of lease of a deceased tenant 236‑A
Termination of lease of a deceased tenant 237
Discrimination in leases with respect to bearing of children 237‑A
Discrimination against children in dwelling houses and manufactured home parks 238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies 238‑A
Limitation on fees
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 236’s source at nysenate​.gov

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