N.Y. Comp. Codes R. & Regs. tit. 9 § 2504.1

Current through Register Vol. 46, No. 18, May 1, 2024

Section 2504.1 - Restrictions on removal of tenant

(a) So long as the tenant continues to pay the rent to which the landlord is entitled, no tenant shall be removed from any housing accommodations 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, except on one or more of the grounds specified in this Chapter.

(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 act or any regulation, order or requirement thereunder.

(c) No tenant of any housing accommodation shall be removed or evicted unless and until such removal or eviction has been authorized by a court of competent jurisdiction.

(d)

(1) In addition to any other limitations imposed by these regulations, no proceeding to recover possession of any housing accommodation based upon any wrongful acts or omission of a tenant, pursuant to section 2504.2 of this Part, may be maintained unless:

(i) the landlord has given the tenant written notice (the notice to cure) stating the following:

(a) the wrongful acts or omission of the tenant pursuant to section 2504.2 of this Part;

(b) the facts necessary to establish the existence of said wrongful acts or omission; and

(c) the date certain by which the tenant must cure said wrongful acts or omission, which date shall be no sooner than 10 days following the date such notice to cure is served upon the tenant.

(ii) the tenant fails to cure the wrongful acts or omission specified in the notice to cure by or before the date specified in clause (i)(c) of this paragraph.

(2) The requirements of subparagraphs (1)(i) and (ii) of this subdivision shall not apply where the wrongful act or omission:

(i) is, by its nature, not curable; or

(ii) consists of the reoccurrence or continuation of a violation or condition which was the subject of a prior notice to cure transmitted to the tenant no more than six months previously; or

(iii) consists of the willful violation of an obligation of the tenant inflicting serious and substantial injury on the landlord or the property of the landlord.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2504.1