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 2206 - Enforcement › Section 2206.7 - Civil action by tenant where landlord fails to use certificate of eviction for purposes specified therein

Current through Register Vol. 46, No. 28, July 10, 2024
Where after the administrator has granted a certificate
						of eviction authorizing the landlord to pursue his remedies pursuant to law to
						acquire possession, and a tenant voluntarily removes from a housing
						accommodation or has been removed therefrom by action or proceeding to evict
						from or recover possession of a housing accommodation upon the ground that the
						landlord seeks in good faith to recover possession:
(a) for his immediate and personal use, or
					 for the immediate and personal use by a member or members of his immediate
					 family, and such landlord or members of his immediate family shall fail to
					 occupy such accommodation within 30 days after the tenant vacates;
(b) for the immediate purpose of withdrawing
					 such housing accommodation from the rental market, and such landlord shall
					 lease or sell the housing accommodation or the space previously occupied
					 thereby, or permit use thereof in a manner other than contemplated in such
					 eviction certificate within a period of one year after such removal of the
					 tenant;
(c) for the immediate
					 purpose of altering or remodeling such housing accommodation, and the landlord
					 (who required possession for the purpose of effecting such alteration or
					 remodeling) shall fail to start the work of alteration or remodeling of such
					 housing accommodation within 90 days after the removal of the last tenant whose
					 removal is necessary to enable the landlord to effect such alteration or
					 remodeling of such accommodation or, if after having commenced such work, shall
					 fail or neglect to prosecute the work with reasonable diligence;
(d) for the immediate purpose of demolishing
					 such housing accommodations and constructing a new building in accordance with
					 approved plans, or reasonable amendment thereof, and the landlord has failed to
					 complete the demolition within six months after the removal of the last tenant
					 or, having demolished the premises, has failed or neglected to proceed with the
					 new construction within 90 days after the completion of such demolition or,
					 having commenced such construction work, has failed or neglected to prosecute
					 such work with reasonable diligence; or
(e) for some purpose other than those
					 specified above for which the removal of the tenant was sought and the landlord
					 has filed to use the vacated premises for such purposes: the tenant required to
					 surrender a housing accommodation for the reasons set forth in this section
					 shall have a cause of action in any court of competent jurisdiction for
					 damages, declaratory, and injunctive relief against the landlord; such landlord
					 shall, unless for good cause shown, be liable to the tenant for three times the
					 damages sustained on account of such removal, plus reasonable attorney's fees
					 and costs as determined by the court, provided the tenant commences such action
					 within three years from the expiration of the applicable time period as set
					 forth in this section. The damages sustained by the tenant under this section
					 shall be the difference between the rent paid for the housing accommodation
					 from which the tenant was evicted and the rental value of a comparable housing
					 accommodation on the open market. In addition to any other damage, the cost of
					 removal of the tenant's property shall be a lawful measure of damages. The
					 remedy herein provided for shall be in addition to those provided for in any
					 other section of these regulations. Such acts and omissions on the part of a
					 landlord after issuance of a certificate of eviction are hereby declared to be
					 inconsistent with the purposes for which such certificate of eviction was
					 issued.