N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1727-5.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 1727-5.3 - Termination by housing company

(a) Grounds. In addition to non-payment of rent, an action or proceeding, which must be pleaded and proven in a court of competent jurisdiction, may be commenced against a tenant, cooperator, or other individual to obtain possession of an apartment only on the following grounds:

(1) Tenant, cooperator, or other individual commits or permits a nuisance in the apartment.

(2) Tenant, cooperator, or other individual violates a substantial agreement, covenant or obligation of the lease, or fails to comply with any substantial provision of the by-laws, subscription agreement or other governing document.

(3) Tenant, cooperator, or other individual harbors a dog, cat or other animal in the apartment in violation of the by-laws, subscription agreement, or other governing document.

(4) Tenant or cooperator refuses to execute written extension agreement or renewal of lease.

(5) Tenant, cooperator or other individual refuses reasonable access to the housing company.

(6) Income of tenant, cooperator or other individual:

(i) exceeds amount permitted by law; or

(ii) he or she refuses to divulge his or her true income or that of other persons residing in the apartment.

(7) Tenant, cooperative, or other individual willfully misrepresented or concealed any material fact which would affect eligibility for admission or continued occupancy or rent or maintenance charges to be paid.

(8) Tenant, cooperator, or other individual obtained occupancy or continues in occupancy of a dwelling unit in any manner not in conformity with the provisions of this Part, or with any other applicable statute or regulation.

(9) Tenant, cooperator, or other individual obtained occupancy of a dwelling unit subject to regulation under this Part pursuant to the provisions of section 1727-3.6 of this Part, whether or not such individual signed a lease, and such individual fails to vacate the apartment immediately when employment by the housing company terminates.

(10) Tenant occupies a dwelling unit in a building operated by a housing company for the purposes of staff or student housing and:

(i) the tenant is no longer a staff member, employee, or student of a college, university, or hospital affiliated with the housing company; and

(ii) the housing company requires the apartment for occupancy by a staff member, employee, or student of a college, university, or hospital affiliated with the housing company.

(11) Tenant or cooperator has vacated the dwelling unit or died, and an occupant remains in possession without having established the right to succession under sections 1727-8.2 and 1727-8.3 of this Part.

(12) Tenant, cooperator, or other individual does not occupy the dwelling unit as his or her primary residence.

(13) Housing company is a mutual company, has permitted a tenant to occupy a dwelling unit on a rental basis, and now desires the dwelling unit for a cooperator, except where the project has been converted to cooperative ownership under section 12 (2-b) of the Private Housing Finance Law.

(14) The dwelling unit is used for illegal or immoral purposes, including but not limited to the unlawful trade, manufacture, distribution, storage, and/or sale of marijuana or any controlled substance as defined in Public Health Law, section 3306, and Penal Law, section 220.00.

(b) Procedure.

(1) Notice to cure. When eviction is sought on any ground under subdivisions (a)(1), (2), (3), (4), (5), (6)(ii) and (12) of this section, the housing company shall serve the tenant or cooperator with a written notice to cure setting forth with specificity the violation alleged and stating that the violation must be cured within 10 days or eviction proceedings may be commenced. If the notice to cure is served by mail, the notice must specify that the violation must be cured within 15 days.

(2) Notice of termination. When eviction is sought on any ground under subdivision (a) of this section, the housing company shall serve upon the tenant, cooperator, or other individual a notice of termination setting forth the ground for eviction, the facts supporting such ground, and the date for surrender of possession. No court proceedings shall be commenced until the time to surrender possession has expired and possession has not been surrendered. Any petition to recover possession should include an affirmative statement that the housing company is organized under article II or IV of the Private Housing Finance Law as applicable and subject to supervision by the commissioner. If the grounds for eviction require a notice to cure under paragraph (1) of this subdivision, no notice of termination may be served until the time to cure has expired and the violation has not been cured.

(c) Acceptance of rent after service of notice of termination. In cases in which an appeal is filed under section 1727-8.5(c) of this Part from the housing company's determination that the occupant is not entitled to succession under sections 1727-8.2 and 1727-8.3 of this Part, the housing company may continue to collect rent or maintenance, without waiving its objection to possession, regardless of whether it has served a notice of termination under this section, until 30 days after the commissioner has finally determined the appeal or petition.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1727-5.3