New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2204 - Evictions › Section 2204.5 - Occupancy by landlord or immediate family

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certificate shall be issued where the
					 landlord seeks in good faith to recover possession of a housing accommodation
					 because of immediate and compelling necessity for their own personal use and
					 occupancy as their primary residence, or for the use and occupancy of their
					 immediate family as their primary residence; provided, however, that this
					 section shall permit recovery of only one housing accommodation and shall not
					 apply where a member of the household lawfully occupying the housing
					 accommodation is 62 years of age or older, has been a tenant in a housing
					 accommodation in that building for 15 years or more, or has an impairment which
					 results from anatomical, physiological or psychological conditions, other than
					 addiction to alcohol, gambling, or any controlled substance, which are
					 demonstrable by medically acceptable clinical and laboratory diagnostic
					 techniques, and which are expected to be permanent and which prevent the tenant
					 from engaging in any substantial gainful employment; provided, further that a
					 tenant required to surrender a housing accommodation by virtue of the operation
					 of subdivision g or h of section 26-408 of the administrative code of the city
					 of New York shall have a cause of action in any court of competent jurisdiction
					 for damages, declaratory, and injunctive relief against a landlord or purchaser
					 of the premises who makes a fraudulent statement regarding a proposed use of
					 the housing accommodation. In any action or proceeding brought pursuant to this
					 subdivision a prevailing tenant shall be entitled to recovery of actual
					 damages, and reasonable attorneys' fees. As used in this subdivision, the term
immediate family
includes only a spouse, son, daughter,
					 stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister,
					 grandfather, grandmother, grandson, granddaughter, father-in-law,
					 mother-in-law, or daughter-in-law of the landlord.
(b) Where the housing accommodation is
					 located in a structure or premises which contains more than two housing
					 accommodations, and the housing accommodations or structure or premises are
					 owned by two or more persons not constituting a cooperative corporation or
					 association ( spouses as owners being considered one owner for this purpose),
					 no certificate can be issued pursuant to this Part or section
					 5 of the State Rent
					 Act.
(c)
(1) In the case of a housing accommodation in
					 a structure or premises owned by a cooperative corporation or association, a
					 certificate shall be issued by the administrator to a purchaser of stock where:
(i) the tenant originally obtained possession
					 of the housing accommodation by virtue of a rental agreement with the
					 tenant-owner;
(ii) the stock was
					 acquired by the purchaser prior to July 1, 1955, and more than two years prior
					 to the date of the filing of the application;
(iii) the stock was acquired by the purchaser
					 on or after July 1, 1955, and more than two years have expired since the date
					 of filing of the notice of sale with the district rent office, as hereinafter
					 provided in subparagraph (3)(v) of this subdivision;
(iv) the stock was acquired less than two
					 years prior to the date of filing of the application, and on that date stock in
					 the cooperative has been purchased by persons who are tenant-owners of at least
					 80 percent of the housing accommodations in the structure or premises, and are
					 entitled by reason of stock ownership to proprietary leases of housing
					 accommodations in the structure or premises; or
(v) the cooperative was organized and
					 acquired its title or leasehold interest in the structure or premises before
					 February 17, 1945, and on that date stock in the cooperative allocated to 50
					 percent or more of the housing accommodations in the structure or premises was
					 held by individual tenant- owners, who are or whose assignees or subtenants are
					 in occupancy of such housing accommodations in the structure or premises at the
					 date of the filing of the application.