NY Real Prop Actions L § 711 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 7 - Summary Proceeding to Recover Possession of Real Property 711 - Grounds Where Landlord-Tenant Relationship Exists.

§  711.  Grounds  where  landlord-tenant relationship exists. A tenant   shall include an occupant of one or more rooms in a rooming house  or  a   resident,  not including a transient occupant, of one or more rooms in a   hotel who has been in possession for thirty consecutive days or  longer.   No  tenant  or  lawful  occupant  of a dwelling or housing accommodation   shall be removed from possession  except  in  a  special  proceeding.  A   special  proceeding  may  be  maintained  under  this  article  upon the   following grounds:1. The tenant continues in possession of any portion of  the  premises   after the expiration of his term, without the permission of the landlord   or,  in a case where a new lessee is entitled to possession, without the   permission of the new lessee. Acceptance of rent after  commencement  of   the  special  proceeding  upon  this  ground  shall  not  terminate such   proceeding nor effect any award of possession to the landlord or to  the   new  lessee,  as  the  case  may  be.  A  proceeding  seeking to recover   possession of real property by reason of the  termination  of  the  term   fixed  in the lease pursuant to a provision contained therein giving the   landlord the right to terminate the time fixed for occupancy under  such   agreement if he deem the tenant objectionable, shall not be maintainable   unless  the  landlord  shall  by  competent  evidence  establish  to the   satisfaction of the court that the tenant is objectionable.2. The tenant has defaulted in the payment of rent,  pursuant  to  the   agreement under which the premises are held, and a written demand of the   rent has been made with at least fourteen days' notice requiring, in the   alternative, the payment of the rent, or the possession of the premises,   has  been  served  upon  him  as  prescribed  in  section  seven hundred   thirty-five of this article. Any person  succeeding  to  the  landlord's   interest in the premises may proceed under this subdivision for rent due   his  predecessor  in  interest if he has a right thereto. Where a tenant   dies during the term of the lease and rent due has not been paid and the   apartment is occupied  by  a  person  with  a  claim  to  possession,  a   proceeding  may  be  commenced  naming  the  occupants  of the apartment   seeking a possessory judgment only as against the estate. Entry of  such   a  judgment  shall  be without prejudice to the possessory claims of the   occupants, and any warrant issued shall not be effective as against  the   occupants.3. The tenant, in a city defaults in the payment, for sixty days after   the  same  shall  be  payable, of any taxes or assessments levied on the   premises which he has agreed in writing to pay pursuant to the agreement   under which the premises are held, and a demand  for  payment  has  been   made,  or  at  least  three  days'  notice  in writing, requiring in the   alternative the payment thereof and of any interest and penalty thereon,   or the possession  of  the  premises,  has  been  served  upon  him,  as   prescribed  in  section  735.  An  acceptance  of  any rent shall not be   construed as a waiver of the agreement to pay taxes or assessments.4. The tenant, under a lease for a term of three years  or  less,  has   during  the  term taken the benefit of an insolvency statute or has been   adjudicated a bankrupt.5. The premises, or any part  thereof,  are  used  or  occupied  as  a   bawdy-house,  or  house or place of assignation for lewd persons, or for   purposes of prostitution, or for any illegal trade  or  manufacture,  or   other illegal business.6.  The  tenant, in a city having a population of one million or more,   removes the batteries or otherwise disconnects or  makes  inoperable  an   installed  smoke  or fire detector which the tenant has not requested be   moved from its location so as not to interfere with the  reasonable  use   of  kitchen  facilities provided that the court, upon complaint thereof,   has previously issued an order of violation of the provisions heretofore    stated and, subsequent to the thirtieth day after service of such  order   upon  the  tenant,  an  official  inspection  report  by the appropriate   department of housing preservation  and  development  is  presented,  in   writing,  indicating non-compliance herewith; provided further, that the   tenant shall have the additional ten day period to cure  such  violation   in  accordance  with the provisions of subdivision four of section seven   hundred fifty-three of this chapter.