In a four or more unit residential dwelling, a tenant has the right to sublease, subject to notice provisions and written consent, which may not be unreasonably withheld.

• A. True
• B. False
• C. Only for owner-occupied buildings
• D. Only if rent is increased

Answer: (A)

In New York, tenants in buildings with four or more residential units have a statutory right to sublease or assign their lease, as long as they follow the notice requirements and obtain the landlord’s written consent. The key protection is that the landlord may not unreasonably withhold that consent. This means the landlord can evaluate the proposed subtenant and impose reasonable conditions, but cannot deny subtenancy for arbitrary or illegitimate reasons. If the landlord does withhold consent unreasonably, the tenant may have a remedy, such as pursuing a court remedy to obtain consent or damages. So the statement is true: a tenant in a four-plus unit building can sublease with notice and written consent, and the consent may not be unreasonably withheld.