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 B - Rent And Eviction Regulations › Part 2104 - Evictions › Section 2104.2 - Proceedings for eviction without certificate

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
						2104.3, infra, only upon one or
						more of the following grounds:
(a) 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 demand by the landlord that the violation
					 cease within 10 days; or within the three-month period immediately prior to the
					 commencement of the proceeding the tenant has wilfully violated such an
					 obligation inflicting serious and substantial injury to 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
					 2104.3 of this Part.
(b) 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 accommodations; or his
					 conduct is such as to interfere substantially with the comfort or safety of the
					 landlord or of other tenants or occupants of the same or other adjacent
					 building or structure.
(c)
					 Occupancy of the housing accommodations by the tenant is illegal because of the
					 requirements of law, and the landlord is subject to civil or criminal penalties
					 therefor, or both.
(d) The tenant
					 is using or permitting such housing accommodation to be used for an immoral or
					 illegal purpose.
(e) The tenant who
					 had a written lease or other written rental agreement which terminates 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
					 Act.
(f) 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.