9 NYCRR Part 2204 - Executive Department

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Source version current through Sep 15, 2021

All 9 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

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(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

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(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

Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.

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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-A · Adopted rule
Related notice published: Nov 8, 2023
Related notice effective date: Nov 8, 2023

Current section text is not available here.

9 NYCRR 2204.4 - Earlier source heading: Proceedings for eviction with certificate

Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.

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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-A · Adopted rule
Related notice published: Nov 8, 2023
Related notice effective date: Nov 8, 2023

Current section text is not available here.

9 NYCRR 2204.5 - Earlier source heading: Occupancy by landlord or immediate family

Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.

Top

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-A · Adopted rule
Related notice published: Nov 8, 2023
Related notice effective date: Nov 8, 2023

Current section text is not available here.

9 NYCRR 2204.6 - Tenant not using premises for own dwelling

Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.

Top

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-A · Adopted rule
Related notice published: Nov 8, 2023
Related notice effective date: Nov 8, 2023

Current section text is not available here.

9 NYCRR 2204.7 - Alteration or remodeling

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(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

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(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

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(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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