New York regulations
Title 9 Part 2104
Executive Department
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9 NYCRR 2104.1 - Restrictions on removal of tenant, including hotel tenants
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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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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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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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(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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9 NYCRR 2104.6 - Tenant not using premises for own dwelling
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(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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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
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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
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- Westlaw Inline Boundary Correction
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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.