2023 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; or
b.  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; or
c. 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