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 2524.4 - Grounds for refusal to renew lease, or in hotels, discontinuing a hotel tenancy, without order of the DHCR

Current through Register Vol. 46, No. 28, July 10, 2024
The owner shall not be required to offer a renewal lease
						to a tenant, or in hotels, to continue a hotel tenancy, and may commence an
						action or proceeding to recover possession in a court of competent
						jurisdiction, upon the expiration of the existing lease term, if any, after
						serving the tenant with a notice as required pursuant to section
						2524.2 of this Part, only on one or
						more of the following grounds:
(a)
					 Occupancy by owner or member of owner's immediate family.
(1) An owner who seeks to recover possession
					 of a housing accommodation because of immediate and compelling necessity for
					 such owner's personal use and occupancy as his or her primary residence in the
					 City of New York and/or for the use and occupancy of a member of his or her
					 immediate family as his or her primary residence in the City of New York,
					 except that tenants in a noneviction conversion plan pursuant to section
					 352-eeee of the General Business Law
					 may not be evicted on this ground on or after the date the conversion plan is
					 declared effective.
(2) The
					 provisions of this subdivision shall not apply where a tenant or the spouse of
					 a tenant lawfully occupying the dwelling unit is sixty-two years of age or
					 older, or has been a tenant in a dwelling unit in that building for fifteen
					 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, unless the owner offers to provide and, if
					 requested, provides an equivalent or superior housing accommodation at the same
					 or lower regulated rent in a closely proximate area.
(3) An owner may recover only one rent
					 stabilized or rent controlled housing accommodation, whether for his or her
					 personal use and occupancy or that of his immediate family. The provisions of
					 this subdivision shall only permit one of the individual owners of any
					 building, whether such ownership is by joint tenancy, tenancy in common, or
					 tenancy by the entirety to recover possession of one dwelling unit for personal
					 use and occupancy.
(4) No action or
					 proceeding to recover possession pursuant to this subdivision shall be
					 commenced in a court of competent jurisdiction unless the owner shall have
					 served the tenant with a termination notice in accordance with subdivisions
					 (a), (b) and (c)(3) of section
					 2524.2 of this Part.
(5) The failure of the owner to utilize the
					 housing accommodation for the purpose intended after the tenant vacates, or to
					 continue in occupancy for a period of three years, may result in a forfeiture
					 of the right to any increases in the legal regulated rent in the building in
					 which such housing accommodation is contained for a period of three years,
					 unless the owner offers and the tenant accepts re-occupancy of such housing
					 accommodation on the same terms and conditions as existed at the time the
					 tenant vacated, or the owner establishes to the satisfaction of the DHCR that
					 circumstances changed after the tenant vacated which prevented the owner from
					 utilizing the housing accommodation for the purpose intended, and in such
					 event, the housing accommodation may be rented at the appropriate guidelines
					 without a vacancy allowance. This paragraph shall not eliminate or create any
					 claim that the former tenant of the housing accommodation may or may not have
					 against the owner.