N.Y. Comp. Codes R. & Regs. tit. 9 § 2104.4

Current through Register Vol. 46, No. 22, May 29, 2024

Section 2104.4 - Proceedings for eviction with certificate

(a) No tenant shall be removed or evicted on grounds other than those stated in section 2104.2 of this Part unless on application of the landlord (or where the housing accommodations are located in a structure or building owned by two or more persons not constituting a co-operative corporation or association, the application shall be consented to by all the co-owners) the administrator shall issue a certificate permitting the landlord to pursue his remedies at law at the expiration of the waiting period hereinafter specified in subdivision (b) of this section. The administrator may issue an order granting a certificate if the removal or eviction meets the requirements of sections 2104.5, 2104.6, 2104.7, 2104.8, or 2104.9 of this Part. The administrator may also issue orders granting certificates in other cases if the requested removal or eviction is not inconsistent with the purposes of the act or this Subchapter and would not be likely to result in the circumvention or evasion thereof.

(b) Certificates issued pursuant to this section or sections 2104.5, 2104.6, 2104.7, or 2104.9 of this Part shall authorize the landlord to commence proceedings to remove or evict the tenant at the expiration of three months from the date of issuance of the certificate by the administrator. Certificates issued pursuant to section 2104.8 of this Part, shall authorize the landlord to commence proceedings to remove or evict the tenant at the expiration of six months from the date of issuance of the certificate by the administrator. Where the administrator finds (1) that equivalent accommodations are available for rent into which the tenant can move without substantial hardship or loss, or (2) that undue hardship would result to the landlord, a certificate may be issued and may authorize the landlord to pursue his remedies for removal or eviction of the tenant at the expiration of a period shorter than such maximum waiting period.

(c) No certificate shall be used in connection with any action or proceeding to remove or evict a tenant unless such removal or eviction is sought for the purpose specified in the certificate.

(d) In the event that the landlord's intentions or circumstances so change that the premises, possession of which is sought, will not be used for the purpose specified in the certificate, the certificate shall thereupon be null and void. The landlord shall immediately notify the local rent administrator in writing and surrender the certificate for cancellation.

(e) Whenever compliance with the relocation requirements of this section is directed by or required pursuant to these regulations as a condition for the granting of a certificate of eviction, the landlord shall provide suitable relocation for the tenant at the same or lower rent in a closely proximate area, or in a new residential building if constructed on the site, in which case suitable interim housing shall be provided at no additional cost to the tenant; plus in addition to reasonable moving expenses, payment of a $5,000 stipend, provided the tenant vacates on or before the vacate date required by the final order.

(f) In the event a comparable housing accommodation is offered by the owner, a tenant may file an objection with the DHCR challenging the suitability of a housing accommodation offered by the owner for relocation with 10 days after the owner identifies the housing accommodation and makes it available for the tenant to inspect and consider the suitability thereof. Within 30 days thereafter, the DHCR shall inspect the housing accommodation, on notice to both parties, in order to determine whether the offered housing accommodation is suitable. Such determination will be made by as promptly as practicable thereafter. In the event that the DHCR determines that the housing accommodation is not suitable, the tenant shall be offered another housing accommodation, and shall have 10 days after it is made available by the owner for the tenant's inspection to consider its suitability. In the event that the DHCR determines that the housing accommodation is suitable, the tenant shall have 15 days thereafter within which to accept the housing accommodation. A tenant who refuses to accept relocation to any housing accommodation determined by the DHCR to be suitable shall lose the right to relocation by the owner, and to receive payment of moving expenses or any stipend. "Suitable housing accommodations" shall mean housing accommodations which are similar in size and features to the respective housing accommodations now occupied by the tenant. Such housing accommodations shall be freshly painted before the tenant takes occupancy and shall be provided with substantially the same essential services and equipment the tenants received in their prior housing accommodations. The building containing such housing accommodations shall be free from violations of law recorded by the local agency having jurisdiction, which constitute fire hazards or conditions dangerous or detrimental to life or health, or which affect the maintenance of essential services. The DHCR will consider housing accommodations proposed for relocation which are not presently subject to rent regulation, provided the owner submits a contractual agreement that places the tenant in a substantially similar housing accommodations at no additional rent for a period of six years, unless the tenant requests a shorter period in writing.

(g) Where an owner provides relocation of a tenant to a suitable housing accommodation at a rent in excess of that for the subject housing accommodation, in addition to the tenant's reasonable moving expenses, the owner may be required to pay the tenant a stipend equal to the difference in rent, at the commencement of the occupancy by the tenant of the new housing accommodation, between the subject housing accommodation and the housing accommodation to which the tenant is relocated, multiplied by 72 months, provided the tenant vacates on or before the vacate date required by the final order.

(h) Wherever a stipend would result in the tenant losing a subsidy or other government benefit which is income dependent, the tenant may elect to waive the stipend and have the owner at his or her own expense, relocate the tenant to a suitable housing accommodation at the same or lower legal regulated rent in a closely proximate area.

(i) In the event that the tenant dies prior to the issuance by the DHCR of a final order granting the owner's application, the owner shall not be required to pay such stipend to the estate of the deceased tenant.

(j) Where the administrator's order granting the owner's application is conditioned upon the owner's compliance with specified terms and conditions, if such terms and conditions have not been complied with, or if DHCR determines that the owner has not proceeded in good faith, the order may be modified or revoked.

(k) Noncompliance by an owner with any term or condition of the administrator's order granting the owner's application may result in DHCR initiating its own enforcement proceeding. The DHCR shall retain jurisdiction for this purpose until all of the terms and conditions in the administrator's order granting the owner's application have been met and the project described in the owner's application has been completed. Subsequent owners shall be bound by the terms and conditions of DHCR's order. This clause shall not be deemed to eliminate any remedy or claim that a tenant of the dwelling unit may otherwise have against the owner nor eliminate any independent authority that DHCR may be able to exercise by law or regulation.

(l) An owner's failure to comply within a reasonable time with any term or condition of the administrator's order granting the owner's application or an owner's failure to complete the project described in the owner's application may be found to be a violation of the Emergency Housing Rent Control Law and the State Rent and Evictions Regulations and subject to any of the penalties and remedies described therein including but not limited to revocation of the administrator's order granting the owner's application and DHCR's continued jurisdiction under the Emergency Housing Rent Control Law over the building or any subsequent construction. Any remedies and penalties prescribed by this Code shall apply to and be binding against subsequent owners.

(m) The provisions of this section shall apply to all certificates issued pursuant to this Subchapter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2104.4

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023