New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2504 - Evictions › Section 2504.2 - Proceedings for eviction-wrongful acts of tenant

Current through Register Vol. 46, No. 28, July 10, 2024
An action or proceeding to recover possession of any
						housing accommodation shall be maintainable after service and filing of the
						notice required by section
						2504.3 of this Part only upon one
						or more of the following grounds wherein wrongful acts of the tenants are
						established:
(a) The tenant is
					 violating a substantial obligation of his tenancy other than the obligation to
					 surrender possession of such housing accommodation; or within the three-month
					 period immediately prior to the commencement of the proceeding the tenant has
					 willfully violated such an obligation inflicting serious and substantial injury
					 to the landlord.
(b) The tenant is
					 committing or permitting a nuisance in such housing accommodation or the
					 building containing such housing accommodation; or is maliciously, or by reason
					 of gross negligence, substantially damaging the housing accommodation; or the
					 tenant engages in a persistent and continuing course of conduct evidencing an
					 unwarrantable, unreasonable or unlawful use of the property to the annoyance,
					 inconvenience, discomfort or damage of others, the primary purpose of which is
					 intended to harass the owner or other tenants or occupants of the same or an
					 adjacent building or structure by interfering substantially with their comfort
					 or safety. The lawful exercise by a tenant of any rights pursuant to any law or
					 regulation relating to occupancy of a housing accommodation, including the act
					 or this Subchapter, shall not be deemed an act of harassment or other ground
					 for eviction pursuant to this subdivision.
(c) Occupancy of the housing accommodation by
					 the tenant is illegal because of the requirements of law, and the owner is
					 subject to civil or criminal penalties therefor, or both, or such occupancy is
					 in violation of contracts with governmental agencies.
(d) The tenant is using or permitting such
					 housing accommodation to be used for an immoral or illegal purpose.
(e) The tenant has unreasonably refused the
					 landlord access to the housing accommodations for the purpose of making
					 necessary repairs or improvements required by law or for the purposes of
					 inspection or of showing the accommodations 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 ground for removal or eviction if such inspection or showing of
					 the accommodations is contrary to the provisions of the tenant's lease or
					 rental agreement.
(f) The tenant
					 has failed or refused following notice pursuant to section
					 2503.5 of this Chapter to renew an
					 expiring lease in the manner prescribed in such notice at the legal regulated
					 rent authorized under this Chapter and the act.
(g) In the event of a sublet, an owner may
					 terminate the tenancy of the tenant if the tenant is found to have violated the
					 provisions of section
					 2505.7 of this Title.