NY Real Prop L § 226-B (2021)
2021 New York Laws RPP - Real Property Article 7 - Landlord and Tenant 226-B - Right to Sublease or Assign.

§  226-b.  Right  to  sublease or assign. 1. Unless a greater right to assign is conferred by the lease, a tenant renting a residence  may  not assign his lease without the written consent of the owner, which consent may  be  unconditionally  withheld without cause provided that the owner shall release the tenant from the lease upon request of the tenant  upon thirty  days  notice  if  the owner unreasonably withholds consent which release shall be the sole remedy of the tenant. If the owner  reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease.   2. (a) A tenant renting a residence pursuant to an existing lease in a dwelling  having  four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord  in advance  of  the  subletting.  Such  consent  shall  not be unreasonably withheld.  (b) The tenant shall inform the landlord of his intent to sublease  by mailing  a  notice  of  such  intent  by  certified mail, return receipt requested.  Such  request  shall  be  accompanied   by   the   following information: (i) the term of the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent home address of the proposed sublessee,  (iv)  the  tenant's  reason for subletting, (v) the tenant's address for the term of the sublease, (vi) the written  consent  of  any cotenant  or  guarantor  of  the lease, and (vii) a copy of the proposed sublease, to which a copy of the tenant's lease  shall  be  attached  if available,  acknowledged by the tenant and proposed subtenant as being a true copy of such sublease.  (c) Within ten days after the mailing of such  request,  the  landlord may  ask  the  tenant  for  additional  information  as  will enable the landlord  to  determine  if  rejection  of   such   request   shall   be unreasonable.  Any  such request for additional information shall not be unduly burdensome.  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  tenant  of  his  consent  or,  if  he does not consent, his reasons therefor. Landlord's failure to send such a notice shall be deemed to be a consent to the proposed subletting.  If  the  landlord  consents,  the premises  may  be  sublet in accordance with the request, but the tenant thereunder, shall nevertheless remain  liable  for  the  performance  of tenant's  obligations  under  said  lease.  If  the  landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the  lease.  If  the  landlord  unreasonably  withholds consent,  the  tenant  may sublet in accordance with the request and may recover the costs of the proceeding and attorneys fees if  it  is  found that the owner acted in bad faith by withholding consent.   3.  The  provisions of this section shall apply to leases entered into or renewed before or after the effective date of this  section,  however they  shall  not apply to public housing and other units for which there are constitutional or statutory criteria covering admission thereto  nor 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.   4. With respect to units covered by the  emergency  tenant  protection act  of  nineteen seventy-four or the rent stabilization law of nineteen hundred sixty-nine the exercise of the rights granted  by  this  section shall  be  subject  to  the  applicable provisions of such laws. Nothing contained in this section two hundred twenty-six-b shall  be  deemed  to affect  the  rights, if any, of any tenant subject to title Y of chapter 51 of the administrative code of the city of New York or  the  emergency housing rent control law.    5.  Any sublet or assignment which does not comply with the provisions of this section shall  constitute  a  substantial  breach  of  lease  or tenancy.   6.  Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void.   7. The provisions of this section except for items in paragraph (b) of subdivision two of this section not previously required, shall apply  to all  actions  and  proceedings  pending  on  the  effective date of this section.   8. Nothing contained in this section shall be  deemed  to  prevent  or limit  the  right of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple dwelling law.