N.Y. Comp. Codes R. & Regs. tit. 9 § 2104.8

Current through Register Vol. 46, No. 36, September 4, 2024

Section 2104.8 - Demolition

A certificate shall be issued where the landlord seeks in good faith to recover possession of housing accommodations for the immediate purpose of demolishing them, provided that the landlord shall have secured such approval therefor as is required by law. No certificate involving demolition will be granted under this section unless the administrator shall find:

(a) that such demolition is to be made for the purpose of constructing new buildings or structures containing at least 20 percent more housing accommodations consisting of self- contained family units (as defined in section 2100.11 of this Title) than are contained in the structure to be demolished; provided, however, where as a result of conditions detrimental to life or health of the tenants, violations have been placed upon the structure containing the housing accommodations by the local authorities having jurisdiction over such matters and the cost of removing such violations would substantially equal or exceed the assessed valuation of the structure, the new buildings or structures shall only be required to make provision for a greater number of housing accommodations consisting of self-contained family units than are contained in the structure to be demolished; or

(b) that such demolition is to be made for the purpose of carrying out a program of clearance, replanning, reconstruction, and neighborhood rehabilitation of substandard and insanitary areas pursuant to and under the conditions imposed by article 15 of the General Municipal Law; or

(c) that such demolition is to be made for the purpose of constructing other than housing accommodations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2104.8