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 2204.2 - Proceedings for eviction without certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in sections 2204.1 and
					 2204.4 of this Part, an action or
					 proceeding to recover possession of any housing accommodation shall be
					 maintainable, after service and filing of the notice by section
					 2204.3, only upon one or more of
					 the following grounds:
(1) The tenant is
					 violating a substantial obligation of his tenancy, other than the obligation to
					 surrender possession of such housing accommodation, and has failed to cure such
					 violation after written notice by the landlord that the violation cease within
					 10 days; or within a three-month period immediately prior to the commencement
					 of the proceeding, the tenant has willfully violated such an obligation
					 inflicting serious and substantial injury upon the landlord. 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
					 2204.3 of this Part.
(2) The tenant is committing or permitting a
					 nuisance in such housing accommodations; or is maliciously or by reason of
					 gross negligence substantially damaging the housing accommodation; or his
					 conduct is such as to interfere substantially with the comfort and safety of
					 the landlord or of other tenants or occupants of the same or another adjacent
					 building or structure.
(3)
					 Occupancy of the housing accommodation by the tenant is illegal because of the
					 requirements of law, and the landlord is subject to civil or criminal penalties
					 therefor, or both; provided, however, that such occupancy shall not be
					 considered illegal by reason of violations placed against the housing
					 accommodations or the building in which same are located by any department or
					 agency of the city having jurisdiction, unless such department or agency has
					 issued an order requiring the tenants to vacate said accommodations or
					 building, or unless such occupancy for such building or such violations relied
					 on by the landlord result from an act, omission or situation caused or created
					 by the tenant.
(4) The tenant is
					 using or permitting such housing accommodation to be used for an immoral or
					 illegal purpose.
(5) The tenant who
					 had a written lease or other written rental agreement, which terminated or
					 shall terminate on or after May 1, 1950, has refused upon demand of the
					 landlord to execute a written extension or renewal thereof for a further term
					 of like duration not in excess of one year, but otherwise on the same terms and
					 conditions as the previous lease, except insofar as such terms and conditions
					 are inconsistent with the Rent Law.
(6) The tenant has unreasonably refused the
					 landlord access to the housing accommodation for the purpose of making
					 necessary repairs or improvements required by law or for the purpose of
					 inspection or of showing the 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 grounds for removal or eviction if such inspection or showing of
					 the accommodation is contrary to the provisions of the tenant's lease or other
					 rental agreement.
(7) The eviction
					 is sought by the owner of a dwelling unit or the shares allocated thereto where
					 such dwelling unit is located in a structure owned as a cooperative or as a
					 condominium, and an offering prospectus for the conversion of such structure
					 pursuant to an eviction plan shall have been submitted to and accepted for
					 filing by the Attorney General and declared effective in accordance with
					 section
					 352-eeee of the General Business Law,
					 provided that:
(i) no eviction proceedings
					 under this subdivision shall be commenced against a nonpurchasing tenant who is
					 either an eligible senior citizen or an eligible disabled person, as defined in
					 accordance with section
					 352-eeee of the General Business
					 Law;
(ii) no eviction proceeding
					 under this paragraph shall be commenced against a nonpurchasing tenant in
					 occupancy of a dwelling unit until:
(a) such
					 tenant's lease or rental agreement has expired; or
(b) three years after the eviction plan has
					 been declared effective in accordance with section
					 352-eeee of the General Business Law,
					 whichever is later;
(iii) the owner of such dwelling unit or the
					 shares allocated thereto seeks in good faith to recover possession of a
					 dwelling unit for his own personal use and occupancy or for the use and
					 occupancy of his immediate family; and
(iv) the eviction plan was accepted for
					 filing by the Attorney General on or after July 21, 1982.
(8) The administrator may by order waive the
					 requirements for a certificate of eviction, where:
(i) housing accommodations were vacant at the
					 time when the landlord made application for such waiver;
(ii) where vacated by reason of the last
					 tenant's voluntary surrender thereof; and
(iii) the landlord, in good faith, intends to
					 demolish or substantially rehabilitate the building in which the housing
					 accommodations are located, within the period specified by the administrator in
					 such order.