N.Y. Comp. Codes R. & Regs. tit. 9 § 2104.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2104.2 - Proceedings for eviction without certificate

An action or proceeding to recover possession of any housing accommodation shall be maintainable after service and filing of the notice required by section 2104.3, infra, only upon one or more of the following grounds:

(a) The tenant is violating a substantial obligation of his tenancy other than the obligation to surrender possession of such housing accommodation and has failed to cure such violation after written demand by the landlord that the violation cease within 10 days; or within the three-month period immediately prior to the commencement of the proceeding the tenant has wilfully violated such an obligation inflicting serious and substantial injury to the landlord. If the written notice by the owner that the violations cease within 10 days is served by mail, then five additional days, because of service by mail, shall be added, for a total of 15 days, before an action or proceeding to recover possession may be commenced after service of the notice required by section 2104.3 of this Part.

(b) The tenant is committing or permitting a nuisance in such housing accommodations; or is maliciously or by reason of gross negligence substantially damaging the housing accommodations; or his conduct is such as to interfere substantially with the comfort or safety of the landlord or of other tenants or occupants of the same or other adjacent building or structure.

(c) Occupancy of the housing accommodations by the tenant is illegal because of the requirements of law, and the landlord is subject to civil or criminal penalties therefor, or both.

(d) The tenant is using or permitting such housing accommodation to be used for an immoral or illegal purpose.

(e) The tenant who had a written lease or other written rental agreement which terminates on or after May 1, 1950, has refused upon demand of the landlord to execute a written extension or renewal thereof for a further term of like duration not in excess of one year but otherwise on the same terms and conditions as the previous lease except insofar as such terms and conditions are inconsistent with the Act.

(f) The tenant has unreasonably refused the landlord access to the housing accommodations for the purpose of making necessary repairs or improvements required by law or for the purposes of inspection or of showing the accommodations to a prospective purchaser, mortgagee or prospective mortgagee, or other person having a legitimate interest therein; provided, however, that in the latter event such refusal shall not be ground for removal or eviction if such inspection or showing of the accommodations is contrary to the provisions of the tenant's lease or rental agreement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2104.2