NY Mult Dwell L § 261 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 7-A - Temporary Provisions 261 - Recovery of Possession of Certain Non-Complying Premises Restricted During Emergency Period.

*  §  261.  Recovery  of  possession of certain non-complying premises   restricted during emergency period. 1. Legislative finding.  The  public   emergency  which  existed  at the time of the enactment of and which was   declared in chapter six hundred seventy-five of  the  laws  of  nineteen   hundred  thirty-eight,  and in acts amendatory thereof, having continued   and still existing, there having been and there being an acute  shortage   of  such  dwellings,  and  the  intents  and purposes of such provisions   having, in a great many instances, been circumvented by landlords giving   their  tenants  thirty  days'  notice  terminating  their  tenancy   and   instituting proceedings for their removal, the necessity for legislative   intervention,  by  the  enactment of the provisions of this section, and   their application, until July first,  nineteen  hundred  forty-nine,  is   hereby  declared  as  a  matter  of  legislative  determination, and the   provisions of this section shall remain in force and effect  only  until   such date.2.  For  the period during which any old-law tenement or any converted   dwelling shall fail to comply with the applicable provisions of  article   six  or seven, no action or proceeding by an owner to recover possession   of such dwelling or any part thereof from a tenant and  to  remove  such   tenant therefrom for the reason that the tenant holds over and continues   in  possession  of  the  demised  dwelling or any part thereof after the   expiration of his term without the permission of  the  owner,  shall  be   maintainable except:a.  A  proceeding  to recover such possession upon the ground that the   person is holding over and is objectionable, in  which  case  the  owner   shall establish to the satisfaction of the court that the person holding   over is objectionable; orb.  A  proceeding  when  the  owner of record of the dwelling, being a   natural person, seeks in good faith to recover possession of a  room  or   rooms  therein  for  the immediate and personal occupancy by himself and   his family as a dwelling; orc. A proceeding where the petitioner shows to the satisfaction of  the   court  that  he  desires  in  good faith to recover the dwelling for the   purpose of altering or  demolishing  the  same  with  the  intention  of   providing  or  constructing  more  dwelling units, plans for which shall   have been duly  approved  by  the  department  in  accordance  with  the   provisions of any applicable local law.d.  In  pending  proceedings  for the recovery of such dwelling on the   grounds that the occupant holds over after the expiration of his term, a   warrant shall not be issued unless the  petitioner  establishes  to  the   satisfaction  of  the  court that the proceeding is one mentioned in the   exceptions enumerated in this subdivision.3. The provisions of this section shall not be construed to  apply  to   an  action  or  proceeding  by  an  owner  to recover possession of such   dwelling or any part thereof from a tenant and  to  remove  such  tenant   therefrom  for  the  reason  that the tenant holds over and continues in   possession of the demised dwelling  or  any  part  thereof  without  the   permission of the owner after a default in the payment of the rent.* NB Expired July 1, 1949