New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2524 - Evictions › Section 2524.3 - Proceedings for eviction-wrongful acts of tenant

Current through Register Vol. 46, No. 28, July 10, 2024
Without the approval of the DHCR, an action or proceeding
						to recover possession of any housing accommodation may only be commenced after
						service of the notice required by section
						2524.2 of this Part, upon one or
						more of the following grounds, wherein wrongful acts of the tenant are
						established as follows:
(a) The tenant
					 is violating a substantial obligation of his or her tenancy other than the
					 obligation to surrender possession of such housing accommodation, and has
					 failed to cure such violation after written notice by the owner that the
					 violations cease within 10 days; or the tenant has willfully violated such an
					 obligation inflicting serious and substantial injury upon the owner within the
					 three-month period immediately prior to the commencement of the proceeding. If
					 the written notice by the owner that the violations cease within 10 days is
					 served by mail, then five additional days, because of service by mail, shall be
					 added, for a total of 15 days, before an action or proceeding to recover
					 possession may be commenced after service of the notice required by section
					 2524.2 of this Part.
(b) The tenant is committing or permitting a
					 nuisance in such housing accommodation or the building containing such housing
					 accommodation; or is maliciously, or by reason of gross negligence,
					 substantially damaging the housing accommodation; or the tenant engages in a
					 persistent and continuing course of conduct evidencing an unwarrantable,
					 unreasonable or unlawful use of the property to the annoyance, inconvenience,
					 discomfort or damage of others, the primary purpose of which is intended to
					 harass the owner or other tenants or occupants of the same or an adjacent
					 building or structure by interfering substantially with their comfort or
					 safety. The lawful exercise by a tenant of any rights pursuant to any law or
					 regulation relating to occupancy of a housing accommodation, including the RSL
					 or this Code, shall not be deemed an act of harassment or other ground for
					 eviction pursuant to this subdivision.
(c) Occupancy of the housing accommodation by
					 the tenant is illegal because of the requirements of law and the owner is
					 subject to civil or criminal penalties therefor, or such occupancy is in
					 violation of contracts with governmental agencies.
(d) The tenant is using or permitting such
					 housing accommodation to be used for immoral or illegal purpose.
(e) The tenant has unreasonably refused the
					 owner access to the housing accommodation for the purpose of making necessary
					 repairs or improvements required by law or authorized by the DHCR, or for the
					 purpose of inspection or showing the housing accommodation to a prospective
					 purchaser, mortgagee or prospective mortgagee, or other person having a
					 legitimate interest therein; provided, however, that in the latter event such
					 refusal shall not be a ground for removal or eviction unless the tenant shall
					 have been given at least five days' notice of the inspection or showing, to be
					 arranged at the mutual convenience of the tenant and owner so as to enable the
					 tenant to be present at the inspection or showing, and that such inspection or
					 showing of the housing accommodation is not contrary to the provisions of the
					 tenant's lease or rental agreement. If the notice of inspection or showing is
					 served by mail, then the tenant shall be allowed five additional days to
					 comply, for a total of 10 days because of service by mail, before such tenant's
					 refusal to allow the owner access shall become a ground for removal or
					 eviction.
(f) The tenant has
					 refused, following notice pursuant to section
					 2523.5 of this Title, to renew an
					 expiring lease in the manner prescribed in such notice at the legal regulated
					 rent authorized under this Code and the RSL, and otherwise upon the same terms
					 and conditions as the expiring lease. This subdivision does not apply to
					 permanent hotel tenants, nor may a proceeding be commenced based on this ground
					 prior to the expiration of the existing lease term.
(g) For housing accommodations in hotels, the
					 tenant has refused, after at least 20 days' written notice, and an additional
					 five days if the written notice is served by mail, to move to a substantially
					 similar housing accommodation in the same building at the same legal regulated
					 rent where there is a rehabilitation as set forth in section
					 2524.5(a)(3) of
					 this Part, provided:
(1) that the owner has an
					 approved plan to reconstruct, renovate or improve said housing accommodation or
					 the building in which it is located;
(2) that the move is reasonably necessary to
					 permit such reconstruction, renovation or improvement;
(3) that the owner moves the tenant's
					 belongings to the other housing accommodation at the owner's cost and expense;
					 and
(4) that the owner offers the
					 tenant the right of reoccupancy of the reconstructed, renovated or improved
					 housing accommodation at the same legal regulated rent unless such rent is
					 otherwise provided for pursuant to section
					 2524.5(a)(3) of
					 this Part.