N.Y. Comp. Codes R. & Regs. tit. 9 § 2100.18
Any housing accommodations on or after May 1, 1972 which are not occupied by the tenant in possession as their primary residence shall continue to be subject to rent control unless the administrator issues an order decontrolling such accommodation, which the administrator shall do upon application by the landlord, whenever, it is established by any facts and circumstances which, in the judgment of the administrator, may have a bearing upon the question of residence, that the tenant maintains his primary residence at some place other than at such housing accommodation. For the purposes of determining primary residency, a tenant who is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, who has left the unit because of such violence, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as his or her primary residence. In addition, a tenant who has left the housing accommodation and is paying a nominal rent pursuant to Part 2102.4 of this Title shall be deemed to be occupying the unit as his or her primary residence.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2100.18