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 2204.1 - Restrictions on removal of tenants, including hotel tenants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No tenant, so long as he continues to pay
					 the rent to which the landlord is entitled, shall be removed from any housing
					 accommodation by action to evict or to recover possession, by exclusion from
					 possession or otherwise, nor shall any person attempt such removal or exclusion
					 from possession, notwithstanding that the tenant has no lease or that his
					 lease, or other rental agreement, has expired or otherwise terminated, and
					 notwithstanding any contract, lease agreement or obligation heretofore or
					 hereafter entered into which provides for surrender of possession, or which
					 otherwise provides contrary hereto, except one or more of the grounds specified
					 in section 2204.2 of this Part, or unless the
					 landlord has obtained a certificate of eviction as hereinafter
					 provided.
(b) It shall be unlawful
					 for any person to remove or attempt to remove any tenant or occupant from any
					 housing accommodations, or to refuse to renew the lease or agreement for the
					 use of such accommodations, because such tenant or occupant has taken, or
					 proposes to take, action authorized or required by the Rent Law, or any
					 provision of the Administrative Code of the City of New York, the Multiple
					 Dwelling Law, or the Health Code of the City of New York, or any regulation,
					 order or requirement thereunder.
(c)
(1) No
					 tenant of any housing accommodations (as defined in subdivision [f] or [g] of
					 section 2200.2 of this Title) shall be
					 removed or evicted, unless and until such removal or eviction has been
					 authorized by a court of competent jurisdiction.
(2) Except as hereinafter provided, this
					 subdivision shall not apply where the removal or eviction is for nonpayment of
					 rent and involves a hotel tenant or an occupant of one or more rooms in a
					 rooming house (which meets all requirements of law and the city agencies having
					 jurisdiction thereof) who has not been in possession for 30 consecutive days or
					 longer, and who occupies his accommodations on a daily or weekly basis,
					 provided the landlord shall give written notice thereof to the tenant at least
					 three days prior to the date specified therein for surrender of possession and
					 prior to any action for removal or eviction. In computing the three-day period,
					 the date of service and any intervening Sunday shall be excluded. Every such
					 notice shall include therein a statement of the rent due and the rental period
					 or periods for which said rent is due. An exact copy of any such notice,
					 together with an affidavit of service, shall be filed with the district rent
					 office within 48 hours after such notice is given to the tenant. Should the
					 tenant tender the rent due within the three-day period, the landlord may not
					 remove or evict the tenant. The service of a three-day notice for the removal
					 or eviction for nonpayment of rent shall not be required where the landlord
					 institutes judicial proceedings to remove or evict the tenant.