New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1727 - Occupancy › Subpart 1727-5 - Termination Of Tenancy › Section 1727-5.3 - Termination by housing company

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Grounds. In addition to non-payment of rent, an action or proceeding, which
						must be pleaded and proven in a court of competent jurisdiction, may be
						commenced against a tenant, cooperator, or other individual to obtain
						possession of an apartment only on the following grounds:
(1) Tenant, cooperator, or other individual
						commits or permits a nuisance in the apartment.
(2) Tenant, cooperator, or other individual
						violates a substantial agreement, covenant or obligation of the lease, or fails
						to comply with any substantial provision of the by-laws, subscription agreement
						or other governing document.
(3)
						Tenant, cooperator, or other individual harbors a dog, cat or other animal in
						the apartment in violation of the by-laws, subscription agreement, or other
						governing document.
(4) Tenant or
						cooperator refuses to execute written extension agreement or renewal of
						lease.
(5) Tenant, cooperator or
						other individual refuses reasonable access to the housing company.
(6) Income of tenant, cooperator or other
						individual:
(i) exceeds amount permitted by
						law; or
(ii) he or she refuses to
						divulge his or her true income or that of other persons residing in the
						apartment.
(7) Tenant,
						cooperative, or other individual willfully misrepresented or concealed any
						material fact which would affect eligibility for admission or continued
						occupancy or rent or maintenance charges to be paid.
(8) Tenant, cooperator, or other individual
						obtained occupancy or continues in occupancy of a dwelling unit in any manner
						not in conformity with the provisions of this Part, or with any other
						applicable statute or regulation.
(9) Tenant, cooperator, or other individual
						obtained occupancy of a dwelling unit subject to regulation under this Part
						pursuant to the provisions of section
						1727-3.6 of this Part, whether or
						not such individual signed a lease, and such individual fails to vacate the
						apartment immediately when employment by the housing company
						terminates.
(10) Tenant occupies a
						dwelling unit in a building operated by a housing company for the purposes of
						staff or student housing and:
(i) the tenant
						is no longer a staff member, employee, or student of a college, university, or
						hospital affiliated with the housing company; and
(ii) the housing company requires the
						apartment for occupancy by a staff member, employee, or student of a college,
						university, or hospital affiliated with the housing company.
(11) Tenant or cooperator has
						vacated the dwelling unit or died, and an occupant remains in possession
						without having established the right to succession under sections 1727-8.2 and
						1727-8.3 of this Part.
(12) Tenant, cooperator, or other individual
						does not occupy the dwelling unit as his or her primary residence.
(13) Housing company is a mutual company, has
						permitted a tenant to occupy a dwelling unit on a rental basis, and now desires
						the dwelling unit for a cooperator, except where the project has been converted
						to cooperative ownership under section
						12
						(2-b) of the Private Housing Finance
						Law.
(14) The dwelling unit is used
						for illegal or immoral purposes, including but not limited to the unlawful
						trade, manufacture, distribution, storage, and/or sale of marijuana or any
						controlled substance as defined in Public Health Law, section 3306, and Penal
						Law, section 220.00.