NEW YORK EVICTION LAWS

EVICTION SERVICE

N.Y. ADC. LAW § 26-408 : NY Code – Section 26-408:

a. No tenant, so long as he or she continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation which is subject to rent control under this chapter by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession notwithstanding the fact that the tenant has no lease or that his or her lease, or other rental agreement, has expired or otherwise terminated, notwithstanding any contract, lease agreement, or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except on one or more of the following grounds, or unless the landlord has obtained a certificate of eviction pursuant to subdivision b of this section: (1) The tenant is violating a substantial obligation of his or hertenancy other than the obligation to surrender possession of such housing accommodation and has failed to cure such violation after written notice by the landlord that the violation cease within ten 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; or (2) The tenant is committing or permitting a nuisance in such housing accommodation; or is maliciously or by reason of gross negligence substantially damaging the housing accommodation; or his or her conduct is such as to interfere substantially with the comfort and safety of the landlord or of other tenants or occupants of the same or other adjacent building or structure; or (3) Occupancy of the housing accommodation by the tenant is illegal because of the requirements of law, and the landlord is subject to civil or criminal penalties therefor, or both, provided, however, that such occupancy shall not be considered illegal by reason of violations placed against the housing accommodations or the building in which same are located by any department or agency of the city having jurisdiction unless such department or agency has issued an order requiring the tenants to vacate said accommodation or building or unless such occupancy for such building or such violations relied on by the landlord result from an act, omission or situation caused or created by the tenant; or (4) The tenant is using or permitting such housing accommodation to be used for an immoral or illegal purpose; or (5) The tenant who had a written lease or other written rental agreement which terminated or shall terminate on or after May first, nineteen hundred fifty, 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 in so far as such terms and conditions are inconsistent with this chapter; or (6) The tenant has unreasonably refused the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of inspection or of showing the accommodation 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 accommodation is contrary to the provisions of the tenant’s lease or other rental agreement. (7) The eviction is sought by the owner of a dwelling unit or the shares allocated thereto where such dwelling unit is located in a structure owned as a cooperative or as a condominium and an offering prospectus for the conversion of such structure pursuant to an eviction plan shall have been submitted to the attorney general pursuant to section three hundred fifty-two-eeee of the general business law and accepted for filing by the attorney general, and been declared effective in accordance with such law, and any right of continued occupancy granted by such law to a non-purchasing tenant in occupancy of such dwelling unit shall have expired; provided that the owner of the dwelling unit or the shares allocated thereto seeks in good faith to recover possession of a dwelling unit for his or her own personal use and occupancy or for the use and occupancy of his or her immediate family. b. No tenant shall be removed or evicted on grounds other than those stated in subdivision a of this section unless on application of the landlord the city rent agency shall issue an order granting a certificate of eviction in accordance with its rules and regulations designed to effectuate the purposes of this title, permitting the landlord to pursue his or her remedies at law. The city rent agency shall issue such an order whenever it finds that: (1) The landlord seeks in good faith to recover possession of a housing accommodation because of immediate and compelling necessity for his or her own personal use and occupancy or for the use and occupancy of his or her immediate family provided, however, that this subdivision shall not apply where a member of the household lawfully occupying the housing accommodation is sixty-two years of age or older, has been a tenant in a housing accommodation in that building for twenty 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; or (2) The landlord seeks in good faith to recover possession of a housing accommodation for which the tenant’s lease or other rental agreement has expired or otherwise terminated, and at the time of termination the occupants of the housing accommodation are subtenants or other persons who occupied under a rental agreement with the tenant, and no part of the accommodation is used by the tenant as his or her dwelling; or (3) The landlord seeks in good faith to recover possession of a housing accommodation for the immediate purpose of substantially altering or remodeling it, provided that the landlord shall have secured such approval therefor as is required by law and the city rent agency determines that the issuance of the order granting the certificate of eviction is not inconsistent with the purpose of this chapter; or (4) The landlord seeks in good faith to recover possession of housing accommodations for the immediate purpose of demolishing them, and the city rent agency determines that such demolition is to be effected for the purpose of constructing a new building, provided that: (a) If the purpose of such demolition is to construct a new building containing housing accommodations, no certificate of eviction shall be granted under this paragraph unless such agency determines that such new building will contain at least twenty per centum more housing accommodations consisting of self-contained family units (as defined by regulations issued by such agency, with due regard for the shortage of housing accommodations suitable for family occupancy and for the purposes of this chapter in relation thereto) than are contained in the structure to be demolished; except, however, that where as a result of conditions detrimental to life or health of the tenants, violations have been placed upon the structure containing the housing accommodations by any agency of the city having jurisdiction over such matters and the cost of removing such violations would be substantially equal to or would exceed the assessed valuation of the structure, the new building shall only be required to make provision for a greater number of housing accommodations consisting of self-contained family units (as so defined by regulation) than are contained in the structure to be demolished; and (b) The city rent agency shall, by regulation, as a condition to the granting of certificates of eviction under this paragraph, require the relocation of the tenants in other suitable accommodations, provided that the city rent agency may, by regulation, authorize the granting of such certificates as to any tenants or classes of tenants without such requirement of relocation, where such exemption will not result in hardship to such tenants or classes of tenants and will not be inconsistent with the purposes of this chapter; and (c) The city rent agency may, by regulation, in order to carry out the purposes of this chapter, impose additional conditions to the granting of certificates of eviction under this paragraph, including, but not limited to, the payment of stipends to the tenants by the landlord in such amounts and subject to such variations and classifications as such agency may determine to be reasonably necessary; and (d) No certificate of eviction shall be issued pursuant to this paragraph unless the landlord shall have secured such approval as is required by law for the construction sought to be effected, and the city rent agency determines that the issuance of such certificate is not inconsistent with the purpose of this chapter. (5) Notwithstanding any provisions to the contrary contained in this subdivision or in subdivision d of section 26-410 of this chapter or in the local emergency housing rent control act: (a) no application for a certificate of eviction under paragraph three or four of this subdivision and no application for a certificate of eviction under paragraph one of subdivision j or under subdivision c of this section for the purpose of withdrawing a housing accommodation from the housing market on the grounds that the continued operation of such housing accommodation would impose undue hardship upon the landlord, pending or made on or after the effective date hereof shall be granted by the city rent agency unless the city rent agency finds that there is no reasonable possibility that the landlord can make a net annual return of eight and one-half per centum of the assessed value of the subject property without recourse to the remedy provided in said paragraph three or four or said subdivision c or j and finds that neither the landlord nor his or her immediate predecessor in interest has intentionally or willfully managed the property to impair the landlord’s ability to earn such return; and (b) the effectiveness of any certificate of eviction or of any order granting a certificate of eviction pursuant to paragraphs three and four of this subdivision shall be suspended, and no tenant may be evicted pursuant to any such certificate or order, unless the city rent agency: (i) finds that there is no reasonable possibility that the landlord can make a net annual return of eight and one-half per centum of the assessed value of the subject property without recourse to the remedy provided in said paragraphs three and four and finds that neither the landlord nor his or her immediate predecessor in interest has intentionally or willfully managed the property to impair the landlord’s ability to earn such return; and (ii) issues an order reinstating the effectiveness of any certificate of eviction suspended pursuant to this paragraph. The pendency of any judicial proceeding or appeal shall in no way prevent the taking effect of the relief granted in this subparagraph. (c) the provisions of this paragraph shall not apply to an application for a certificate of eviction from a housing accommodation when the landlord seeks in good faith to recover possession thereof for the immediate purpose of substantially altering or remodelling it or for the immediate purpose of demolishing it for the purpose of constructing a new building when such altering or remodelling or the construction of such new building is to be aided by interest reduction payments under section two hundred thirty-six of the national housing act. (6) Neither the provisions of subparagraph (a) of paragraph four of this subdivision, which require that the new building contain more than or equal to the number of housing accommodations that are contained in the structure to be demolished or substantially altered or remodeled nor the provisions of paragraph five of this subdivision shall apply with respect to any building in which there remains (A) three or fewer occupied apartments which constitute ten percent or less of the total dwelling units in the building or (B) one occupied apartment if the building contains ten or fewer apartments but only on the condition that the tenant is provided with the relocation, moving expense, stipend and any other benefits provided under the corresponding provisions of the rent stabilization law of nineteen hundred sixty-nine. In the event of a substantial alteration or remodeling of a building falling within the limitations of this paragraph, all of the relocation provisions available to an owner for demolition shall apply. c. The city rent agency may from time to time, to effectuate the purposes of this chapter, adopt, promulgate, amend or rescind such rules, regulations or orders as it may deem necessary or proper for the control of evictions. Any such rules, regulations or orders may include, in addition to any other provisions authorized by this subdivision, provisions restricting the filing of applications for, or the issuance of orders granting, certificates of eviction where such agency finds that a course of conduct has been engaged in which is proscribed by subdivision d of section 26-412 of this chapter. The agency shall also require, prior to the filing of plans with the department of buildings for a new building or alteration on the site of controlled housing accommodations and prior to the filing of an application for a permit for the demolition or removal of an existing multiple dwelling which contains controlled housing accommodations, that the applicant certify to and file with the agency such information and give such notice to tenants as it deems necessary to prevent evasion of the law and regulations governing evictions. It may also require that an order granting a certificate of eviction be obtained from it prior to the institution of any action or proceeding for the recovery of possession of any housing accommodation subject to rent control under this chapter upon the grounds specified in subdivision b of this section or where it finds that the requested removal or eviction is not inconsistent with the purposes of this chapter and would not be likely to result in circumvention or evasion thereof; provided, however, that no such order shall be required in any action or proceeding brought pursuant to the provisions of subdivision a of this section. d. (1) The city rent agency, on its own initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction at any time prior to the execution of a warrant in a summary proceeding to recover possession of real property by a court whenever it finds that: (a) The certificate of eviction was obtained by fraud or illegality; or (b) The landlord’s intentions or circumstances have so changed that the premises, possession of which is sought, will not be used for the purpose specified in the certificate. (2) The commencement of a proceeding by the city rent agency to revoke or cancel an order granting a certificate of eviction shall stay such order until the final determination of the proceeding regardless of whether the waiting period in the order has already expired. In the event the city rent agency cancels or revokes such an order, the court having jurisdiction of any summary proceeding instituted in such case shall take appropriate action to dismiss the application for removal of the tenant from the real property and to vacate and annul any final order or warrant granted or issued by the court in the matter. e. Notwithstanding the preceding provisions of this section, the state, the city, or the New York city housing authority may recover possession of any housing accommodations operated by it where such action or proceeding is authorized by statute or regulations under which such accommodations are administered. f. Any order of the city rent agency under this section granting a certificate of eviction shall be subject to judicial review only in the manner prescribed by subdivision eight of section one of the state enabling act and sections 26-410 and 26-411 of this chapter. g. (1) Where after the city rent agency has granted a certificate of eviction authorizing the landlord to pursue his or her 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 of such accommodation: (a) For his or her immediate and personal use, or for the immediate and personal use by a member or members of his or her immediate family, and such landlord or members of his or her immediate family shall fail to occupy such accommodation within thirty days after the tenant vacates, or such landlord shall lease or rent such space or permit occupancy thereof by a third person within a period of one year after such removal of the tenant; or (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; or (c) For the immediate purpose of altering or remodeling such housing accommodation, and the landlord shall fail to start the work of alteration or remodeling of such housing accommodation within ninety days after the removal, on the ground that he or she required possession for the purpose of effecting such alteration or remodeling, 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; or (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 ninety 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 failed to use the vacated premises for such purpose; 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. In addition to any other damage, the cost of removal of property shall be a lawful measure of damage. The remedy herein provided for shall be in addition to those provided for in subdivision h of this section, paragraph (a) of subdivision ten of section one of the state enabling act and subdivision a of section 26-413 of this chapter. (2) The acts and omissions mentioned in subparagraphs (a), (b), (c), (d) and (e) of paragraph one of this subdivision, 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. h. Where after the city rent agency has granted a certificate of eviction authorizing the landlord to pursue his or her remedies pursuant to law to acquire possession for any purpose stated in subdivision b or j of this section or for some other stated purpose, 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 and the landlord or any successor landlord of the premises does not use the housing accommodation for the purpose specified in such certificate of eviction, the vacated accommodation or any replacement or subdivision thereof shall, unless the city rent agency approves such different purpose, be deemed a housing accommodation subject to control, notwithstanding any definition of that term in this chapter to the contrary. Such approval shall be granted whenever the city rent agency finds that the failure or omission to use the housing accommodation for the purpose specified in such certificate was not inconsistent with the purpose of this chapter and would not be likely to result in the circumvention or evasion thereof. The remedy herein provided for shall be in addition to those provided for in subdivision g of this section, paragraph (a) of subdivision ten of section one of the state enabling act and subdivision a of section 26-413 of this chapter. i. Any statutory tenant who vacates a housing accommodation without giving the landlord at least thirty days’ written notice by registered or certified mail of his or her intention to vacate, shall be liable to the landlord for the loss of rent suffered by the landlord, but not exceeding one month’s rent, except where the tenant has been removed or vacates pursuant to the provisions of this section. Such notice shall be postmarked on or before the last day of the rental period immediately prior to such thirty-day period. j. (1) Nothing in this chapter shall be construed to require any person to offer any housing accommodations for rent, but housing accommodations already on the rental market may be withdrawn only after prior written approval of the city rent agency, if such withdrawal requires that a tenant be evicted from such accommodations. (2) The city rent agency, in order to carry out the purposes of this chapter, may issue regulations providing for issuance of certificates of eviction in any case where the landlord seeks such approval in order to use the premises (including the building or land) (a) for the purpose of conducting a business, or (b) where the landlord is a hospital, convent, asylum, public institution, college, school or any institution operated exclusively for charitable, religious or educational purposes on a non profit basis and the landlord seeks such approval in order to use the premises (including the building or land) or any part thereof in connection with the landlord’s charitable, religious or educational purposes; such agency, if it grants approval, shall condition same upon compliance by the landlord with designated requirements which may consist of any conditions that such agency would have authority to prescribe by regulation under subparagraphs (b) and (c) of paragraph four of subdivision b of this section with respect to applications for certificates of eviction under such paragraph four provided, however, that such agency shall not condition any such approval granted to a hospital, convent, asylum, public institution, college, school, or any institution operated exclusively for charitable, religious or educational purposes upon compliance with requirements exceeding or less than those applicable to any private owner in similar circumstances. Nothing contained in this paragraph shall be construed as authorizing or requiring such agency to approve the withdrawal of any housing accommodations from the rental market by any landlord for the purpose of using the premises for any business other than one in existence and conducted by such landlord at the time such withdrawal is sought. No certificate of eviction shall be issued to a nonprofit school, college, hospital, or other charitable institution, including without limitation, any organization exempt from taxation under the Federal Internal Revenue Code, which seeks to recover possession of the housing accommodations or to withdraw such accommodations from the rental or non-rental housing market, for immediate and personal use and occupancy as housing accommodations by its employees, students or members of its staff. k. The city rent agency by order issued pursuant to its regulations may waive the requirements of subdivision b of this section where (1) the housing accommodations were vacant at the time when landlord made application for such waiver, and (2) were vacated by reason of the last tenant’s voluntary surrender thereof, and (3) the landlord, in good faith, intends to demolish or substantially rehabilitate the building in which the housing accommodations are located within a period approved by the city rent agency. The failure of the landlord to comply with the conditions established by the city rent agency for the granting of the application shall subject the housing accommodations to all the provisions of this chapter.

For more information on Eviction Service visit www.undisputedlegal.com or Call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact Undisputedlegal.com.

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