N.Y. Comp. Codes R. & Regs. tit. 9 § 2204.2

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

Section 2204.2 - Proceedings for eviction without certificate

(a) Except as provided in sections 2204.1 and 2204.4 of this Part, an action or proceeding to recover possession of any housing accommodation shall be maintainable, after service and filing of the notice by section 2204.3, only upon one or more of the following grounds:

(1) 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 notice by the landlord that the violation cease within 10 days; or within a three-month period immediately prior to the commencement of the proceeding, the tenant has willfully violated such an obligation inflicting serious and substantial injury upon 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 2204.3 of this Part.

(2) 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 accommodation; or his conduct is such as to interfere substantially with the comfort and safety of the landlord or of other tenants or occupants of the same or another adjacent building or structure.

(3) Occupancy of the housing accommodation by the tenant is illegal because of the requirements of law, and the landlord is subject to civil or criminal penalties therefor, or both; provided, however, that such occupancy shall not be considered illegal by reason of violations placed against the housing accommodations or the building in which same are located by any department or agency of the city having jurisdiction, unless such department or agency has issued an order requiring the tenants to vacate said accommodations or building, or unless such occupancy for such building or such violations relied on by the landlord result from an act, omission or situation caused or created by the tenant.

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

(5) The tenant who had a written lease or other written rental agreement, which terminated or shall terminate 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 Rent Law.

(6) The tenant has unreasonably refused the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of inspection or of showing the accommodation 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 grounds for removal or eviction if such inspection or showing of the accommodation is contrary to the provisions of the tenant's lease or other rental agreement.

(7) The eviction is sought by the owner of a dwelling unit or the shares allocated thereto where such dwelling unit is located in a structure owned as a cooperative or as a condominium, and an offering prospectus for the conversion of such structure pursuant to an eviction plan shall have been submitted to and accepted for filing by the Attorney General and declared effective in accordance with section 352-eeee of the General Business Law, provided that:

(i) no eviction proceedings under this subdivision shall be commenced against a nonpurchasing tenant who is either an eligible senior citizen or an eligible disabled person, as defined in accordance with section 352-eeee of the General Business Law;

(ii) no eviction proceeding under this paragraph shall be commenced against a nonpurchasing tenant in occupancy of a dwelling unit until:

(a) such tenant's lease or rental agreement has expired; or

(b) three years after the eviction plan has been declared effective in accordance with section 352-eeee of the General Business Law, whichever is later;

(iii) the owner of such dwelling unit or the shares allocated thereto seeks in good faith to recover possession of a dwelling unit for his own personal use and occupancy or for the use and occupancy of his immediate family; and

(iv) the eviction plan was accepted for filing by the Attorney General on or after July 21, 1982.

(8) The administrator may by order waive the requirements for a certificate of eviction, where:

(i) housing accommodations were vacant at the time when the landlord made application for such waiver;

(ii) where vacated by reason of the last tenant's voluntary surrender thereof; and

(iii) the landlord, in good faith, intends to demolish or substantially rehabilitate the building in which the housing accommodations are located, within the period specified by the administrator in such order.

(b) The failure of the landlord to comply with the conditions established by the administrator for granting such waiver shall subject the housing accommodations to all the provisions of the Rent Law and these regulations to the same extent as if no such waiver was granted.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2204.2