N.Y. Comp. Codes R. & Regs. tit. 9 § 2204.1

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

Section 2204.1 - Restrictions on removal of tenants, including hotel tenants

(a) No tenant, so long as he continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation by action to evict or to recover possession, by exclusion from possession or otherwise, nor shall any person attempt such removal or exclusion from possession, notwithstanding that the tenant has no lease or that his lease, or other rental agreement, has expired or otherwise terminated, and notwithstanding any contract, lease agreement or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except one or more of the grounds specified in section 2204.2 of this Part, or unless the landlord has obtained a certificate of eviction as hereinafter provided.

(b) It shall be unlawful for any person to remove or attempt to remove any tenant or occupant from any housing accommodations, or to refuse to renew the lease or agreement for the use of such accommodations, because such tenant or occupant has taken, or proposes to take, action authorized or required by the Rent Law, or any provision of the Administrative Code of the City of New York, the Multiple Dwelling Law, or the Health Code of the City of New York, or any regulation, order or requirement thereunder.

(c)

(1) No tenant of any housing accommodations (as defined in subdivision [f] or [g] of section 2200.2 of this Title) shall be removed or evicted, unless and until such removal or eviction has been authorized by a court of competent jurisdiction.

(2) Except as hereinafter provided, this subdivision shall not apply where the removal or eviction is for nonpayment of rent and involves a hotel tenant or an occupant of one or more rooms in a rooming house (which meets all requirements of law and the city agencies having jurisdiction thereof) who has not been in possession for 30 consecutive days or longer, and who occupies his accommodations on a daily or weekly basis, provided the landlord shall give written notice thereof to the tenant at least three days prior to the date specified therein for surrender of possession and prior to any action for removal or eviction. In computing the three-day period, the date of service and any intervening Sunday shall be excluded. Every such notice shall include therein a statement of the rent due and the rental period or periods for which said rent is due. An exact copy of any such notice, together with an affidavit of service, shall be filed with the district rent office within 48 hours after such notice is given to the tenant. Should the tenant tender the rent due within the three-day period, the landlord may not remove or evict the tenant. The service of a three-day notice for the removal or eviction for nonpayment of rent shall not be required where the landlord institutes judicial proceedings to remove or evict the tenant.

(d) Any statutory tenant who vacates the housing accommodations, without giving the landlord at least 30 days' written notice by registered or certified mail of this intention to vacate, shall be liable to the landlord for the loss of rent suffered by the landlord, but not exceeding one month's rent, except where the tenant has been removed or vacates pursuant to the provisions of this Part. Such notice shall be postmarked on or before the last day of the rental period immediately prior to such 30-day period.

(e) Notwithstanding any provision of this Part, the State, the city, or the New York City Housing Authority may recover possession of any housing accommodations operated by it where such action or proceeding is authorized by statute or regulations under which such accommodations are administered.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2204.1