9 NYCRR Part 2104 - Executive Department

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9 NYCRR 2104.1 - Restrictions on removal of tenant, including hotel tenants

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

L. 1964, ch. 244

(a)So long as the tenant continues to pay the rent to which the landlord is entitled, no tenant shall be removed from any housing accommodations 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 that such tenant has no lease or that his 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 grounds specified in section 2104.2, infra, or unless the landlord has obtained a certificate of eviction as hereinafter provided.

(b)It shall be unlawful for any person to remove or attempt to remove any tenant or occupant from any housing accommodations or to refuse to renew the lease or agreement for the use of such accommodations, because such tenant or occupant has taken, or proposes to take, action authorized or required by the Act or any regulation, order or requirement thereunder.

(c)

(1)No tenant of any housing accommodation shall be removed or evicted unless and until such removal or eviction has been authorized by a court of competent jurisdiction.

(2)Except as hereinafter provided this subdivision shall not apply where the removal or eviction is for nonpayment of rent and involves a tenant of a hotel or rooming house who occupies his accommodations on a daily or weekly basis, provided the landlord shall give written notice thereof to the tenant at least three days prior to the date specified therein for the surrender of possession and prior to any action for removal or eviction. In computing the three-day period, the day of service and any intervening Sunday shall be excluded. Every such notice shall include therein a statement of the rent due and the rental period or periods for which said rent is due. An exact copy of every such notice together with an affidavit of service shall be filed with the local rent office within 48 hours after such notice is given to the tenant. Should the tenant tender the rent due within the three-day period, the landlord may not remove or evict the tenant.

(d)Any statutory tenant who vacates the housing accommodations, without giving the landlord at least 30 days' written notice by registered or certified mail of his intention to vacate, shall be liable to the landlord for an amount not exceeding one month's rent, except where the tenant has been removed or vacates pursuant to the provisions of Part 2104 of this Subchapter. Such notice shall be postmarked on or before the last day of the rental period immediately prior to such 30-day period.

9 NYCRR 2104.2 - Proceedings for eviction without certificate

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

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.

9 NYCRR 2104.3 - Notices required in proceedings under section 2104.2

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

L. 1964, ch. 244

(a)Except where the ground for removal or eviction of a tenant is nonpayment of rent, no tenant shall be removed or evicted from housing accommodations by court process and no action or proceeding shall be commenced for such purpose upon any of the grounds permitted in section 2104.2, supra, unless and until the landlord shall have given written notice to the tenant and the local rent office as hereinafter provided.

(b)Every notice to a tenant to vacate or surrender possession of housing accommodations shall state the ground under section 2104.2 upon which the landlord relies for removal or eviction of the tenant, the facts necessary to establish the existence of such ground, and the date when the tenant is required to surrender possession.

(c)Within 48 hours after the notice is served upon the tenant, an exact copy thereof together with an affidavit of service shall be filed with the local rent office.

(d)Every such notice shall be served upon the tenant within the period of time hereinafter set forth prior to the date specified therein for the surrender of possession and prior to the commencement of any proceeding for removal or eviction:

(1)Where the notice specifies one or more of the grounds stated in subdivisions (b), (c) and (d) of section 2104.2 for such removal or eviction, not less than 10 days unless the tenant is a weekly tenant in which case the notice required shall be not less than two days.

(2)Where the notice specifies one or more of the grounds stated in section 2104.2(a), (e) and (f) of this Part for such removal or eviction, not less than one month unless the tenant is a weekly tenant in which case the notice required shall not be less than seven days.

9 NYCRR 2104.4 - Proceedings for eviction with certificate

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

(a)No tenant shall be removed or evicted on grounds other than those stated in section 2104.2 of this Part unless on application of the landlord (or where the housing accommodations are located in a structure or building owned by two or more persons not constituting a co-operative corporation or association, the application shall be consented to by all the co-owners) the administrator shall issue a certificate permitting the landlord to pursue his remedies at law at the expiration of the waiting period hereinafter specified in subdivision (b) of this section. The administrator may issue an order granting a certificate if the removal or eviction meets the requirements of sections 2104.5, 2104.6, 2104.7, 2104.8, or 2104.9 of this Part. The administrator may also issue orders granting certificates in other cases if the requested removal or eviction is not inconsistent with the purposes of the act or this Subchapter and would not be likely to result in the circumvention or evasion thereof.

(b)Certificates issued pursuant to this section or sections 2104.5, 2104.6, 2104.7, or 2104.9 of this Part shall authorize the landlord to commence proceedings to remove or evict the tenant at the expiration of three months from the date of issuance of the certificate by the administrator. Certificates issued pursuant to section 2104.8 of this Part, shall authorize the landlord to commence proceedings to remove or evict the tenant at the expiration of six months from the date of issuance of the certificate by the administrator. Where the administrator finds (1) that equivalent accommodations are available for rent into which the tenant can move without substantial hardship or loss, or (2) that undue hardship would result to the landlord, a certificate may be issued and may authorize the landlord to pursue his remedies for removal or eviction of the tenant at the expiration of a period shorter than such maximum waiting period.

(c)No certificate shall be used in connection with any action or proceeding to remove or evict a tenant unless such removal or eviction is sought for the purpose specified in the certificate.

(d)In the event that the landlord's intentions or circumstances so change that the premises, possession of which is sought, will not be used for the purpose specified in the certificate, the certificate shall thereupon be null and void. The landlord shall immediately notify the local rent administrator in writing and surrender the certificate for cancellation.

(e)Wherever relocation of a tenant at the same rent is required as a condition for the granting of a certificate of eviction, the administrator may, in his discretion, substitute a requirement that the landlord pay to the tenant a sum equivalent to the difference for two years between the present rent for the housing accommodations and the rent payable for the offered accommodations, plus reasonable moving expenses.

(f)The provisions of this section shall apply to all certificates issued pursuant to this Subchapter.

9 NYCRR 2104.5 - Occupancy by landlord or immediate family

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

(a)

(1)A certificate shall be issued where the landlord seeks in good faith to recover possession of housing accommodations because of immediate and compelling necessity for his own personal use and occupancy or for the use and occupancy of his immediate family. As used in this subdivision, the term immediate family includes only a spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the landlord. Provided, however, that where the housing accommodations are located in a building containing 12 or less housing accommodations and the landlord does not reside in the building or is a housing accommodation located in a structure or premises owned by a cooperative corporation or association which is allocated to an individual proprietary lessee, and the landlord seeks to recover possession for his own personal use, an immediate and compelling necessity need not be established.

(2)The provisions of this subdivision shall not apply where a tenant or the spouse of a tenant lawfully occupying the housing accommodation is 62 years of age or older, 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 accepted clinical and laboratory diagnostic techniques, and which are expected to be permanent and which prevent such person from engaging in any substantial gainful employment, unless the landlord offers to provide and, if requested, provides an equivalent or superior housing accommodation at the same or lower regulated rent in a closely proximate area.

(b)where the housing accommodations are located in a structure or premises which contain more than two housing accommodations and the housing accommodations or structure or premises are owned by two or more persons not constituting a cooperative corporation or association (husband and wife as owners being considered one owner for this purpose), no certificate shall be issued under this section for occupancy of any housing accommodation in such structure or premises where two housing accommodations are already owner-occupied as a result of certificates of eviction. The prohibition contained in this subdivision shall not apply where the co-owners stand in the relationship of immediate family as defined in subdivision (a) of this section.

(c)

(1)In the case of a housing accommodation in a structure or premises owned by a cooperative corporation or association, a certificate shall be issued by the administrator to a purchaser of stock where (i) the tenant originally obtained possession of the housing accommodation by virtue of a rental agreement with the tenant-owner; or (ii) the stock was acquired by the purchaser prior to July 1, 1955 and more than two years prior to the date of the filing of the application; or (iii) the stock was acquired by the purchaser on or after July 1, 1955 and more than two years had expired since the date of filing the notice of sale with the local rent office as hereafter provided in subparagraph (3)(v) of this subdivision; or (iv) the stock was acquired less than two years prior to the date of filing of the application and on that date stock in the cooperative has been purchased by persons who are tenant-owners of at least 80 percent of the housing accommodations in the structure or premises and are entitled by reason of stock ownership to proprietary leases of housing accommodations in the structure or premises; or (v) the cooperative was organized and acquired its title or leasehold interest in the structure or premises before February 17, 1945 and on that date stock in the cooperative allocated to 50 percent or more of the housing accommodations in the structure or premises was held by individual tenant-owners, who are or whose assignees or subtenants are in occupancy of such housing accommodations in the structure or premises at the date of the filing of the application.

(2)No certificate of eviction shall be issued under paragraph (1) of this subdivision unless the applicant shall establish that he has complied with the requirements of subdivisions (a) and (d) of this section; provided, however, that where the applicant seeks to recover possession for his own personal use, he need not establish an immediate and compelling necessity.

(3)No certificate of eviction shall be issued under paragraph (1) of this subdivision, except as provided in paragraph (4) of this subdivision, unless the applicant shall also establish that the cooperative corporation or association has complied with the following requirements:

(i)On the date the cooperative plan was first presented to the tenants, each tenant in occupancy of a controlled housing accommodation in the premises was furnished with a copy of the plan and notified in writing that he had the exclusive right for a period of 60 days to purchase the stock allocated to his housing accommodation at the specified price, and that the plan would not be declared effective, unless on or before December 31, 1955 or within six months from the time the cooperative plan was presented to such tenants, whichever date is later, stock in the cooperative had been sold in good faith without fraud or duress, and with no discriminatory repurchase agreement or other discriminatory inducement, to at least 35 percent of the tenants in occupancy of controlled housing accommodations at the time of the presentation of the plan. Housing accommodations vacant on the date the plan is presented or subsequently vacated, shall not be included in the computation of the 35 percent requirement except when the vacant housing accommodation is purchased for personal occupancy by a tenant of a controlled housing accommodation.

(ii)Subsequent to the date the cooperative plan had been declared effective, the tenants of controlled housing accommodations had been served with a written notice that the plan had been declared effective, setting forth the terms of sale and the names of the tenants of the controlled housing accommodations who had purchased the stock allocated to their own housing accommodations or to vacant housing accommodations and the names and addresses of other purchasers of vacant housing accommodations; and that the tenants of controlled housing accommodations who had not as yet purchased, still had the exclusive right, for a period of 30 days from the date of service of the notice, to purchase the stock allocated to their housing accommodations on the terms previously offered to the tenants; except where (a) the cooperative plan had been declared effective prior to July 1, 1955, and (b) prior to that date the tenant of a controlled housing accommodation in the premises had received written notice or notices that for a period of not less than 30 days he had the right to purchase the stock allocated to his housing accommodation at the price and terms specified in said plan, and (c) on July 1, 1955 such stock was held or was thereafter reacquired by the cooperative or by a sponsor, nominee of the cooperative or by any other person associated with the formulation of the plan, and (d) such stock was offered after July 1, 1955 for sale for personal occupancy at the same or different terms than previously offered to the tenant of such controlled housing accommodation, the latter was given a written notice of the offer to sell and the the right for a period of 30 days to purchase the stock on the terms specified in such offer.

(iii)Within 10 days from the date of service of the notice provided by subparagraph (ii) the cooperative had filed with the local rent office having jurisdiction a copy of the cooperative plan; a copy of the first notice served upon all tenants of controlled housing accommodations; a copy of the notice required by subparagraph (ii), and a statement, duly verified by an officer of the cooperative and where the sale was made on or after July 1, 1955, a statement duly verified by each purchaser, that the sales had been made in good faith pursuant to the terms set forth in the cooperative plan without fraud or duress and with no discriminatory repurchase agreement or other discriminatory inducement and whether for personal occupancy by the purchaser. A duplicate set of the above specified papers shall also be kept available in the building for inspection by a tenant of controlled housing accommodations or his authorized representative.

(iv)In the event that the stock allocated to a controlled housing accommodation shall be offered for sale by the cooperative, its sponsor, nominees or other persons associated with the formulation of the plan to a purchaser in good faith for his personal occupancy at terms more favorable than those previously offered to the tenant of such controlled housing accommodation, the latter must first be given a written notice of the new terms and 15 days within which to elect to purchase stock at such new terms.

(v)Within 10 days after any sale or resale of stock subsequent to the effective date of the plan, all tenants who had not yet purchased had been served with written notices by the cooperative setting forth the names and addresses of each of the purchasers, the designation of the housing accommodations, and in those cases where the stock had been sold for personal occupancy of the purchaser, the terms of the sales. Copies of these notices, together with proof of service upon each such tenant, must be filed with the local rent office within five days of the date of service. Copies of these notices shall also be kept available in the building for inspection.

(4)Where the cooperative plan was declared effective prior to July 1, 1955, the Administrator shall issue a certificate of eviction to a purchaser who acquired the stock prior to July 1, 1955, if he finds that the requirements of the former subdivision (c) of this section have been met and that the purchaser had served the tenant of the controlled housing accommodation before December 31, 1955, with a written notice setting forth the name and address of the purchaser, designation of the housing accommodation and the terms of the sale. A copy of this notice, together with proof of service upon such tenant, must be filed with the local rent office within five days of the date of service. Where, however, stock allocated to a controlled housing accommodation occupied by a tenant has not in fact been sold prior to July 1, 1955, to a purchaser in good faith for personal occupancy, no certificate of eviction shall be issued unless such tenant had been afforded the rights conferred by subparagraphs (ii), (iii), (iv) and (v) of paragraph (3) of this subdivision. The cooperative must file all documents required in the preceding subparagraphs of paragraph (3) no later than December 31, 1955 or such later date as is applicable.

(5)As used herein, the term tenant-owner includes only:

(i)a person who purchased the stock allocated to a vacant housing accommodation excluding, however, any housing accommodations which had been vacated after the filing of an application for a certificate of eviction or an order of subdivision pursuant to this Subchapter within the one-year period preceding the presentation of the cooperative plan to the tenants; or

(ii)a person who while he was a tenant in occupancy in the building, purchased the stock allocated to his housing accommodation; or

(iii)a person who purchased the stock allocated to a housing accommodation which was occupied by a tenant who obtained his possession from said purchaser of the stock; or

(iv)a person who purchased the stock allocated to a housing accommodation from an owner of such stock who was in occupancy of such housing accommodation; or

(v)a person who purchased the stock allocated to a housing accommodation while it was occupied by a tenant and which thereafter became vacant after voluntary removal by the tenant.

(6)As used herein, the term housing accommodation shall not include servants' rooms which are nonhousekeeping and located in the service portion of the building or apartments not subject to this Subchapter; and the term tenant shall not include the persons occupying such servants' rooms or apartments not subject to this Subchapter.

(7)As used herein, the term stock shall also include other evidence of interest in the cooperative corporation or association with the right to possession of a housing accommodation by virtue of a proprietary lease or otherwise.

(8)As used herein, the term cooperative corporation or associationshall also include the sponsor of a cooperative plan.

(9)Where a cooperative plan and any amendments thereof presented to the tenants of controlled housing accommodations is not declared effective and filed with the local rent office pursuant to subparagraphs (ii) and (iii) of paragraph (3) of this subdivision, a period of 18 months from the date of the presentation of the first plan must elapse before another cooperative plan may be presented to the tenants of the structure.

(d)Where the landlord purchased and thereby acquired title to the premises on or after May 1, 1950, or where the landlord acquired his rights in the housing accommodations (other than in a structure or premises owned by a cooperative corporation or association) through an enforceable contract of sale of the real property which meets the minimum requirements of this subdivision, no certificate shall be issued under subdivisions (a), (b) or (c) of this section unless the landlord on or before the date of the filing of the application has made a payment or payments totaling at least 20 percent of the purchase price or the assessed valuation of the premises, whichever is greater; provided, however, that where the Administrator finds that equivalent accommodations are available for rent into which the tenant can move without substantial hardship or loss, or that undue hardship would result to the landlord, a certificate may be issued although less than 20 percent has been paid. This requirement shall not apply where the landlord is a former member of the Armed Forces of the United States of America who obtained a loan for use in purchasing housing accommodations guaranteed in whole or part by the Administrator of Veterans Affairs. The contract of sale of the real property referred to in this subdivision shall:

(1)give the purchaser the right of immediate possession and assign all of the rents and income from the property to the purchaser;

(2)not give the purchaser the right to cancel because of failure to secure occupancy of the premises;

(3)provide that the risk of damage to or destruction to the building on the premises by fire or other cause or casualty shall be the risk of the purchaser, and any such damage or destruction shall not excuse such purchaser from paying the price for the premises nor from performing the other conditions and covenants of the contract;

(4)require the purchaser at all times to keep the buildings on the premises insured for the benefit of the seller in an amount equal to at least the unpaid balance owing under the contract to the seller;

(5)require the purchaser to pay all taxes, assessments, and water rents which shall thereafter be taxed or assessed upon or placed against the property.

(e)A certificate shall be issued where the landlord establishes that it is an organization exempt from taxation under the Federal Internal Revenue Code, and that it seeks in good faith to recover possession of the housing accommodations for the immediate and personal use and occupancy as housing accommodations by members of its staff.

9 NYCRR 2104.6 - Tenant not using premises for own dwelling

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

(a)A certificate shall be issued for the eviction of the tenant and subtenants where the landlord seeks in good faith to recover possession of housing accommodations 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 accommodations are subtenants or other persons who occupied under a rental agreement with the tenant, and no part of the accommodations is used by the tenant as his dwelling.

(b)No tenant shall be evicted under this section where the premises are operated as a rooming house and the eviction of the tenant will result in the removal of the furniture and furnishings used by the occupants, unless the landlord establishes that substantially similar furniture and furnishings will be provided at the time of the removal and that arrangements will be made for the occupants to remain in occupancy under substantially the same terms and conditions as those existing on the date of the issuance of the certificate.

(c)No occupant of housing accommodations, other than the tenant, shall be evicted under this section, where the rental agreement between the landlord and tenant contemplated the subletting by the tenant of the entire accommodations or a substantial portion thereof.

(d)

(1)Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to Federal, State or local law, regulations or other requirements of governmental agencies, notwithstanding the provisions of subdivision (a) of this section, the commission shall not issue an order granting a certificate of eviction, and any member of the tenant's family, as defined in paragraph (3) of this subdivision, shall not be evicted under this section where the tenant has permanently vacated the housing accommodation and such family member has resided with the tenant in the housing accommodation as a primary residence for a period of no less than two years, or where such person is a “senior citizen” or a “disabled person,” as defined in paragraph (3) of this subdivision, for a period of no less than one year, immediately prior to the permanent vacating of the housing accommodation by the tenant, or from the inception of the tenancy or commencement of the relationship, if for less than such periods. The minimum periods of required residency set forth in this subdivision shall not be deemed to be interrupted by any period during which the “family member” temporarily relocates because he or she:

(i)is engaged in active military duty;

(ii)is enrolled as a full time student;

(iii)is not in residence at the housing accommodation pursuant to a court order not involving any term or provision of the lease, and not involving any grounds specified in the Real Property Actions and Proceedings Law;

(iv)is engaged in employment requiring temporary relocation from the housing accommodation;

(v)is hospitalized for medical treatment; or

(vi)has such other reasonable grounds that shall be determined by the commission upon application by such person.

(2)On a form prescribed or a facsimile of such form approved by the commission, a tenant may, at any time, advise the landlord of, or a landlord may at any time, but no more often than once in any 12 months, request from the tenant, the names of all persons other than the tenant who are residing in the housing accommodation, and the following information pertaining to such persons:

(i)if the person is a “family member” as defined in paragraph (3) of this subdivision; and

(ii)if the person is, or upon the passage of the applicable minimum period of required residency, may become a person entitled to protection from eviction pursuant to paragraph (1) of this subdivision, and the date of the commencement of such person's primary residence with the tenant; and

(iii)if the person is a “senior citizen” or a “disabled person” as defined in paragraph (3) of this subdivision.

Failure of the tenant to provide such information to the landlord, regardless of whether the landlord requests the information, shall place upon all such persons not so made known to the landlord, who seek to exercise the right to protection from eviction as provided for in this subdivision, the affirmative obligation to establish such right.

(3)For the purposes of this subdivision:

(i)family member is defined as a spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant. Although no single factor shall be solely determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed, may include, without limitation, such factors as listed below. In no event would evidence of a sexual relationship between such persons be required or considered.

(a)longevity of the relationship;

(b)sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;

(c)intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;

(d)engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;

(e)formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, conferring upon each other a power of attorney and/or authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.;

(f)holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions;

(g)regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services;

(h)engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotionally committed relationship;

(ii)a senior citizen is defined as a person who is 62 years of age or older;

(iii)a disabled person is defined as a person who 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 substantially limit one or more of such person's major life activities.

(4)For the purpose of determining whether a landlord may charge the increase in maximum collectable rent authorized pursuant to subdivision 9 of section 5 of the act, such landlord shall periodically inform the commission, in a manner prescribed by the commission, whether the tenant occupying the housing accommodation at the time such notice is given is a family member, as defined in subparagraph (3)(i) of this subdivision, who has established the right to protection from eviction pursuant to paragraph (1) of this subdivision. Information that may be required by the commission shall include, but is not limited to the commencement date of such family member's primary residence in the housing accommodation with the immediately preceding tenant of record. Failure of a landlord to give such notice shall not deprive the landlord of the right to collect such sum, but shall place upon the landlord the affirmative obligation to establish that right in the event that entitlement thereto is challenged.

9 NYCRR 2104.7 - Subdivision by alteration or remodeling

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

A certificate or an order authorizing subdivision shall be issued where the landlord seeks in good faith to recover possession of housing accommodations for the immediate purpose of substantially altering or remodeling them, provided that the landlord shall have secured such approval therefor as is required by law. No certificate or order authorizing subdivision involving alteration or remodeling shall be granted under this section unless the administrator shall find:

(a)That such alteration or remodeling is for the purpose of subdividing an under-occupied housing accommodation containing six or more rooms, exclusive of bathrooms and kitchen, into a greater number of housing accommodations consisting of self-contained family units which meet the requirements of section 2100.11 of this Title. An apartment may be deemed under-occupied when there is less than one occupant for each room, exclusive of bathrooms, kitchen and three additional rooms. Roomers or boarders who are not members of the tenant's family shall not be counted as occupants.

(b)Upon approval of plans by the local authorities having jurisdiction thereof, where such approval is required, and before proceeding with such alteration or remodeling, application shall be made to the administrator for an order directing the tenant occupying such housing accommodation to remain in possession of an adequate portion thereof, as determined by the administrator, and to surrender possession of the remainder of said housing accommodation, within a time to be fixed by the administrator. Where it is not practicable for the tenant to remain in possession of a portion of the housing accommodation, the administrator may require the landlord to furnish suitable temporary housing accommodations to the tenant during the alteration. The order so granted shall be conditioned on the right of such tenant to first occupancy of any housing accommodation resulting from such alteration or remodeling of such subdivided housing accommodation.

(c)Where the tenant cannot be adequately housed in any portion of the subdivided housing accommodation, the landlord may secure a certificate or an order authorizing subdivision where he shows that he is willing and able to relocate the tenant in other suitable housing accommodations within the same city, village or town not unreasonably distant from the premises being altered, and available at a rent not greater than the rent now being paid by such tenant.

(d)The administrator shall establish the terms and conditions under which such alteration or remodeling may be made and shall establish the maximum rent to be paid by the tenant occupying such suitable portion of such housing accommodation during the alteration, and shall establish the maximum rent to be paid by such tenant for the first occupancy of any housing accommodation selected by him in such subdivided housing accommodation after it has been altered or remodeled. The administrator shall, pursuant to section 2102.6(a) of this Title, establish the maximum rent on the basis of the maximum rents for comparable housing accommodations after taking into consideration all other factors bearing on the equities involved. The landlord shall file an application under section 2100.11 of this Title for an order of decontrol; provided, however, that such order of decontrol shall not apply to that portion of the original housing accommodations occupied by a tenant in possession at the time of the conversion but only so long as such tenant continues in occupancy.

(e)Where the housing accommodation to be subdivided had a maximum monthly rent of $200 or more as of March 1, 1943, or the date of first renting thereafter, there shall be no requirement that the tenant be relocated or given occupancy of any of the housing accommodations created by the alteration or subdivision.

(f)In the case of housing accommodations in a structure or premises owned by a cooperative corporation or association where the landlord is the individual owner of stock allocated to a housing accommodation, no certificate or order shall be granted under this section unless the administrator shall also find that the landlord has met the requirements of section 2104.5(c) of this Part.

(g)The order in all such cases shall grant the landlord permission to recover possession of the housing accommodations without further application should the tenant fail to abide by the order of subdivision issued by the administrator.

9 NYCRR 2104.8 - Demolition

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

A certificate shall be issued where the landlord seeks in good faith to recover possession of housing accommodations for the immediate purpose of demolishing them, provided that the landlord shall have secured such approval therefor as is required by law. No certificate involving demolition will be granted under this section unless the administrator shall find:

(a)that such demolition is to be made for the purpose of constructing new buildings or structures containing at least 20 percent more housing accommodations consisting of self- contained family units (as defined in section 2100.11 of this Title) than are contained in the structure to be demolished; provided, however, 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 the local authorities having jurisdiction over such matters and the cost of removing such violations would substantially equal or exceed the assessed valuation of the structure, the new buildings or structures shall only be required to make provision for a greater number of housing accommodations consisting of self-contained family units than are contained in the structure to be demolished; or

(b)that such demolition is to be made for the purpose of carrying out a program of clearance, replanning, reconstruction, and neighborhood rehabilitation of substandard and insanitary areas pursuant to and under the conditions imposed by article 15 of the General Municipal Law; or

(c)that such demolition is to be made for the purpose of constructing other than housing accommodations.

9 NYCRR 2104.9 - Withdrawal of occupied housing accommodations from rental market

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

L. 1964, ch. 244

A certificate shall be issued where the landlord establishes that he seeks in good faith to permanently withdraw occupied housing accommodations from both the housing and nonhousing rental markets without any intent to rent or sell all or any part of the land or structure and (a) that he requires the entire structure containing the housing accommodations or the land for his own immediate use in connection with a business which the landlord owns and operates in the immediate vicinity of the property in question, or (b) that substantial violations affecting the health and safety of the tenants have been placed on the structure containing the housing accommodations by the local authorities having jurisdiction over such matters and that the cost of removing these violations would substantially equal or exceed the assessed valuation of the structure established by the city, town or village wherein it is located, as adjusted by applying thereto the ratio which such assessed valuation bears to the full valuation as determined by the State Board of Equalization and Assessment on the basis of the assessment rolls of such city, town or village for the most recent year and certified for such year be^*such board pursuant to section 1212 of the Real Property Tax Law; provided, however, that where at the time of filing of the application, such board has computations indicating a different ratio for subclasses of residential property in a city, town or village, the commissioner shall give due consideration to such different ratio, or (c) where the landlord is a hospital, convent, asylum, public institution, college, school or any institution operated exclusively for charitable or educational purposes on a nonprofit basis and requires the housing accommodations or the land for its own immediate use in connection with its charitable or educational purposes, or (d) that the continued operation of the housing accommodations would impose other undue hardship upon him. No certificate shall be issued under this section where the granting of the certificate is inconsistent with the purposes of the Act.

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