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Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2204.1 - Restrictions on removal of tenants, including hotel tenants

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)No tenant, so long as he continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation 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 the tenant has no lease or that his lease, or other rental agreement, has expired or otherwise terminated, and 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 one or more of the grounds specified in section 2204.2 of this Part, 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 Rent Law, or any provision of the Administrative Code of the City of New York, the Multiple Dwelling Law, or the Health Code of the City of New York, or any regulation, order or requirement thereunder.

(c)

(1)No tenant of any housing accommodations (as defined in subdivision [f] or [g] of section 2200.2 of this Title) 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 hotel tenant or an occupant of one or more rooms in a rooming house (which meets all requirements of law and the city agencies having jurisdiction thereof) who has not been in possession for 30 consecutive days or longer, and 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 surrender of possession and prior to any action for removal or eviction. In computing the three-day period, the date 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 any such notice, together with an affidavit of service, shall be filed with the district 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. The service of a three-day notice for the removal or eviction for nonpayment of rent shall not be required where the landlord institutes judicial proceedings to 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 this 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 Part. Such notice shall be postmarked on or before the last day of the rental period immediately prior to such 30-day period.

(e)Notwithstanding any provision of this Part, 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.

9 NYCRR 2204.2 - Proceedings for eviction without certificate

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Except as provided in sections 2204.1 and 2204.4 of this Part, an action or proceeding to recover possession of any housing accommodation shall be maintainable, after service and filing of the notice by section 2204.3, only upon one or more of the following grounds:

(1)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 notice by the landlord that the violation cease within 10 days; or within a three-month period immediately prior to the commencement of the proceeding, the tenant has willfully violated such an obligation inflicting serious and substantial injury upon 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 2204.3 of this Part.

(2)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 accommodation; or his 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 another adjacent building or structure.

(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 accommodations 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.

(4)The tenant is using or permitting such housing accommodation to be used for an immoral or illegal purpose.

(5)The tenant who had a written lease or other written rental agreement, which terminated or shall terminate 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 Rent Law.

(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 grounds 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 and accepted for filing by the Attorney General and declared effective in accordance with section 352-eeee of the General Business Law, provided that:

(i)no eviction proceedings under this subdivision shall be commenced against a nonpurchasing tenant who is either an eligible senior citizen or an eligible disabled person, as defined in accordance with section 352-eeee of the General Business Law;

(ii)no eviction proceeding under this paragraph shall be commenced against a nonpurchasing tenant in occupancy of a dwelling unit until:

(a)such tenant's lease or rental agreement has expired; or

(b)three years after the eviction plan has been declared effective in accordance with section 352-eeee of the General Business Law, whichever is later;

(iii)the owner of such dwelling unit or the shares allocated thereto seeks in good faith to recover possession of a dwelling unit for his own personal use and occupancy or for the use and occupancy of his immediate family; and

(iv)the eviction plan was accepted for filing by the Attorney General on or after July 21, 1982.

(8)The administrator may by order waive the requirements for a certificate of eviction, where:

(i)housing accommodations were vacant at the time when the landlord made application for such waiver;

(ii)where vacated by reason of the last tenant's voluntary surrender thereof; and

(iii)the landlord, in good faith, intends to demolish or substantially rehabilitate the building in which the housing accommodations are located, within the period specified by the administrator in such order.

(b)The failure of the landlord to comply with the conditions established by the administrator for granting such waiver shall subject the housing accommodations to all the provisions of the Rent Law and these regulations to the same extent as if no such waiver was granted.

9 NYCRR 2204.3 - Notices required in proceedings under section 2204.2

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jul 8, 2026

(a)Except where the ground for removal or eviction of a tenant is nonpayment of rent, no tenant shall be removed or evicted from a housing accommodation by court process, and no action or proceeding shall be commenced for such purpose upon any of the grounds stated in section 2204.2 of this Part, unless and until the landlord shall have given written notice to the tenant and to the district rent office as hereinafter provided.

(b)Every such notice to a tenant to vacate or surrender possession of a housing accommodation shall state the ground under section 2204.2 of this Part 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 district rent office. In computing such 48-hour period, any intervening Saturday, Sunday or legal holiday shall be excluded.

(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 paragraphs (a)(2)-(4) of section 2204.2 of this Part as the basis for such removal or eviction, not less than 10 days, unless the tenant is a weekly tenant in which case the notice required shall not be less than two days.

(2)Where the notice specifies one or more of the grounds stated in paragraphs (a)(1), (5) and (6) of section 2204.2 of this Part as the basis 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 2204.4 - Proceedings for eviction with certificate

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 2204.5 - Occupancy by landlord or immediate family

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 2204.6 - Tenant not using premises for own dwelling

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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 accommodation 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 or the portion occupied by the subtenant.

(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 city rent agency 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 city rent agency upon application by such person.

(2)On a form prescribed or a facsimile of such form approved by the city rent agency, 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 collectible rent authorized pursuant to section 26-403.2 of the Rent Law, such landlord shall periodically inform the city rent agency, in a manner prescribed by the city rent agency, 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 city rent agency 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 2204.7 - Alteration or remodeling

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A certificate or an order authorizing subdivision shall be issued where 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 administrator determines that the issuance of the order granting the certificate of eviction is not inconsistent with the purpose of the Rent Law or these regulations. No certificate or order authorizing subdivision involving alteration or remodeling shall be granted under this section unless the administrator shall find 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 2200.9 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 city agency 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, with 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 during the alteration, the administrator may require the landlord to furnish a suitable temporary housing accommodation to the tenant, not unreasonably distant from the premises being altered, and available at a rent not greater than the rent then being paid by the tenant, unless the tenant requests permanent relocation in his answer to the landlord's application. Unless the tenant requests permanent relocation, the order so granted shall be conditioned on the right of such tenant to first occupancy of any housing accommodation resulting from such alteration.

(c)Where the tenant has requested relocation as provided in subdivision (b) of this section, or where the tenant cannot be adequately housed in any portion of the housing accommodation after alteration, a certificate or order authorizing subdivision may only be issued on condition that the landlord comply with the relocation requirements of section 2204.4(e) of this Part. Such order shall also require the landlord to comply with the stipend requirements of subdivisions (e) and (f) of such section.

(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 2202.22(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 2200.9 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)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 2204.5(c) of this Part.

(f)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.

(g)Sections 2204.4(g) and (h) and 2204.8(a)(1) of this Part shall not apply with respect to any building consisting of housing accommodations falling within the limitations of section 2204.8(c) of this Part.

9 NYCRR 2204.8 - Demolition

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Subject to the provisions of subdivision (b) of this section, 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, and the administrator finds:

(1)that the demolition is to be made for the purpose of constructing a building or structure containing at least 20 percent more housing accommodations, consisting of self-contained family units (as defined in section 2200.9 of this Title), than there are apartments contained in the structure to be demolished, unless violations have been filed against the structure containing the housing accommodations, by city agencies having jurisdiction thereof, as a result of fire hazards or conditions dangerous or detrimental to life or health of the tenants, and the costs of removing such violations would substantially equal or exceed the assessed valuation of the structure. In the latter case, the new buildings or structures shall only be required to make provision for a greater number of self-contained family units than there are apartments contained in the structure to be demolished;

(2)that such demolition is to be made for the purpose of constructing other than housing accommodation; or

(3)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 unsanitary areas pursuant to and under the conditions imposed by article XV of the General Municipal Law, and the landlord is required to relocate tenants under the supervision of the New York City Division of Real Property or any other public agency having jurisdiction.

(b)Where application is made pursuant to either paragraph (a)(1) or (2) of this section, an order granting a certificate of eviction may only be issued on condition that the landlord comply with the relocation requirements of section 2204.4(e) of this Part. Such order shall also require the landlord to comply with the stipend requirements of subdivisions (e) and (f) of such section.

(c)Section 2204.4(g) and (h) of this Part, and paragraph (a)(1) of this section shall not apply with respect to any building in which there remain:

(1)three or fewer occupied housing accommodations which constitute 10 percent or less of the total dwelling units in the building; or

(2)one occupied housing accommodation if the building contains 10 or fewer dwelling units. This subdivision shall be applicable only on condition that the tenant is provided with the relocation, moving expense, stipend and any other benefits provided by the corresponding provisions of the Rent Stabilization Law of 1969. In the event of a substantial alteration or remodeling pursuant to section 2204.7 of this Part falling within the limitations of this subdivision, all of the relocation provisions available to a landlord for demolition shall apply.

9 NYCRR 2204.9 - Withdrawal of occupied housing accommodations from rental market

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A certificate shall be issued where the landlord establishes that he seeks in good faith permanently to withdraw occupied housing accommodations from both the housing and nonhousing markets, without any intent to rent or sell all or any part of the land or structure, and:

(1)that he requires the entire structure containing the housing accommodations or the land for his own immediate use in connection with a business which, at the time of the filing of the application for a certificate of eviction, he owns and operates in the immediate vicinity of the property in question;

(2)that substantial violations which constitute fire hazards or conditions dangerous or detrimental to the life or health of the tenants have been filed against the structure containing the housing accommodations, by city agencies having jurisdiction over such matters, and that the cost of removing such violations would substantially equal or exceed the assessed valuation of the structure;

(3)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, that the landlord requires the housing accommodations or the land, or any part thereof, for its own immediate use in connection with its charitable, religious or educational purposes, provided that no certificate shall be issued for purposes of withdrawing accommodations for the immediate and personal use and occupancy as housing accommodations by employees, students or members of its staff; or

(4)that the continued operation of the housing accommodations would impose other undue hardship upon the landlord.

(b)Where application is made pursuant to paragraphs (a)(1) and (3) of this section, an order granting a certificate of eviction may only be issued on condition that the landlord comply with the relocation and stipend requirements of section 2204.4 of this Title.

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