2023 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.
  A tenant shall not include a squatter. For the purposes of this section,
  a  squatter  is  a person who enters onto or intrudes upon real property
  without the  permission  of  the  person  entitled  to  possession,  and
  continues  to  occupy the property without title, right or permission of
  the owner or owner's agent or a person entitled to  possession.  In  the
  event  of  a conflict between the provisions regarding squatters of this
  section and the provisions of subdivision three of section seven hundred
  thirteen of this  article,  the  provisions  of  section  seven  hundred
  thirteen  of  this  article  shall  be  controlling. 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.
* NB Effective until August 18, 2024
* 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 the tenant as prescribed in section  seven  hundred
  thirty-five  of  this  article.  The fourteen-day notice shall append or
  contain the notice required pursuant to section two hundred thirty-one-c
  of the real property law, which shall state the following:  (i)  if  the
  premises  are  or  are not subject to article six-A of the real property
  law, the "good cause eviction law", and if the premises are exempt, such
  notice shall state why the premises are exempt from such  law;  (ii)  if
  the  landlord  is  not  renewing the lease for a unit subject to article
  six-A of the real property law, the lawful basis for  such  non-renewal;

  and  (iii) if the landlord is increasing the rent upon an existing lease
  of a unit subject to article six-A of the real property  law  above  the
  applicable  local  rent  standard,  as  defined  in subdivision eight of
  section  two  hundred eleven of the real property law, the justification
  for such increase. Any person succeeding to the landlord's  interest  in
  the  premises  may  proceed  under  this  subdivision  for rent due such
  person's predecessor in interest if such person  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.
* NB Effective August 18, 2024 until June 15, 2034
* 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 the tenant as prescribed in section  seven  hundred
  thirty-five  of  this  article.  The fourteen-day notice shall append or
  contain the notice required pursuant to section two hundred thirty-one-c
  of the real property law, which shall state the following:  (i)  if  the
  premises  are  or  are not subject to article six-A of the real property
  law, the "good cause eviction law", and if the premises are exempt, such
  notice shall state why the premises are exempt from such  law;  (ii)  if
  the  landlord  is  not  renewing the lease for a unit subject to article
  six-A of the real property law, the lawful basis for  such  non-renewal;
  and  (iii) if the landlord is increasing the rent upon an existing lease
  of a unit subject to article six-A of the real property  law  above  the
  applicable  local  rent  standard,  as  defined  in subdivision eight of
  section two hundred eleven of the real property law,  the  justification
  for  such  increase. Any person succeeding to the landlord's interest in
  the premises may proceed  under  this  subdivision  for  rent  due  such
  person's  predecessor  in  interest  if such person 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.
* NB Effective June 15, 2034
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.