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 2204.6 - Tenant not using premises for own dwelling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certificate shall be issued for the
					 eviction of the tenant and subtenants where the landlord seeks in good faith to
					 recover possession of housing accommodations for which the tenant's lease or
					 other rental agreement has expired or otherwise terminated, and at the time of
					 termination the occupants of the housing accommodation are subtenants or other
					 persons who occupied under a rental agreement with the tenant, and no part of
					 the accommodations is used by the tenant as his dwelling.
(b) No tenant shall be evicted under this
					 section where the premises are operated as a rooming house and the eviction of
					 the tenant will result in the removal of the furniture and furnishings used by
					 the occupants, unless the landlord establishes that substantially similar
					 furniture and furnishings will be provided at the time of the removal and that
					 arrangements will be made for the occupants to remain in occupancy under
					 substantially the same terms and conditions as those existing on the date of
					 the issuance of the certificate.
(c) No occupant of housing accommodations,
					 other than the tenant, shall be evicted under this section where the rental
					 agreement between the landlord and tenant contemplated the subletting by the
					 tenant of the entire accommodations or a substantial portion thereof or the
					 portion occupied by the subtenant.
(d)
(1)
					 Unless otherwise prohibited by occupancy restrictions based upon income
					 limitations pursuant to federal, state or local law, regulations or other
					 requirements of governmental agencies, notwithstanding the provisions of
					 subdivision (a) of this section, the city rent agency shall not issue an order
					 granting a certificate of eviction, and any member of the tenant's family, as
					 defined in paragraph (3) of this subdivision, shall not be evicted under this
					 section where the tenant has permanently vacated, as defined in paragraph (3)
					 of this subdivision, the housing accommodation and such family member has
					 resided with the tenant in the housing accommodation as a primary residence for
					 a period of no less than two years, or where such person is a "senior citizen"
					 or a "disabled person," as defined in paragraph (3) of this subdivision, for a
					 period of no less than one year, immediately prior to the permanent vacating of
					 the housing accommodation by the tenant, or from the inception of the tenancy
					 or commencement of the relationship, if for less than such periods.
(i) is engaged in active military
					 duty;
(ii) is enrolled as a full
					 time student;
(iii) is not in
					 residence at the housing accommodation pursuant to a court order not involving
					 any term or provision of the lease, and not involving any grounds specified in
					 the Real Property Actions and Proceedings Law;
(iv) is engaged in employment requiring
					 temporary relocation from the housing accommodation;
(v) is hospitalized for medical treatment;
					 or
(vi) has such other reasonable
					 grounds that shall be determined by the city rent agency upon application by
					 such person.