New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 2504
Executive Department
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9 NYCRR 2504.1 - Restrictions on removal of tenant
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00005-P · Proposed rule
- Related notice published
- Aug 31, 2022
(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, except on one or more of the grounds specified in this Chapter.
(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)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.
(d)
(1)In addition to any other limitations imposed by these regulations, no proceeding to recover possession of any housing accommodation based upon any wrongful acts or omission of a tenant, pursuant to section 2504.2 of this Part, may be maintained unless:
(i)the landlord has given the tenant written notice (the notice to cure) stating the following:
(a)the wrongful acts or omission of the tenant pursuant to section 2504.2 of this Part;
(b)the facts necessary to establish the existence of said wrongful acts or omission; and
(c)the date certain by which the tenant must cure said wrongful acts or omission, which date shall be no sooner than 10 days following the date such notice to cure is served upon the tenant.
(ii)the tenant fails to cure the wrongful acts or omission specified in the notice to cure by or before the date specified in clause (i)(c) of this paragraph.
(2)The requirements of subparagraphs (1)(i) and (ii) of this subdivision shall not apply where the wrongful act or omission:
(i)is, by its nature, not curable; or
(ii)consists of the reoccurrence or continuation of a violation or condition which was the subject of a prior notice to cure transmitted to the tenant no more than six months previously; or
(iii)consists of the willful violation of an obligation of the tenant inflicting serious and substantial injury on the landlord or the property of the landlord.
9 NYCRR 2504.2 - Proceedings for eviction-wrongful acts of tenant
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00005-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 2504.3 of this Part only upon one or more of the following grounds wherein wrongful acts of the tenants are established:
(a)The tenant is violating a substantial obligation of his tenancy other than the obligation to surrender possession of such housing accommodation; or within the three-month period immediately prior to the commencement of the proceeding the tenant has willfully violated such an obligation inflicting serious and substantial injury to the landlord.
(b)The tenant is committing or permitting a nuisance in such housing accommodation or the building containing such housing accommodation; or is maliciously, or by reason of gross negligence, substantially damaging the housing accommodation; or the tenant engages in a persistent and continuing course of conduct evidencing an unwarrantable, unreasonable or unlawful use of the property to the annoyance, inconvenience, discomfort or damage of others, the primary purpose of which is intended to harass the owner or other tenants or occupants of the same or an adjacent building or structure by interfering substantially with their comfort or safety. The lawful exercise by a tenant of any rights pursuant to any law or regulation relating to occupancy of a housing accommodation, including the act or this Subchapter, shall not be deemed an act of harassment or other ground for eviction pursuant to this subdivision.
(c)Occupancy of the housing accommodation by the tenant is illegal because of the requirements of law, and the owner is subject to civil or criminal penalties therefor, or both, or such occupancy is in violation of contracts with governmental agencies.
(d)The tenant is using or permitting such housing accommodation to be used for an immoral or illegal purpose.
(e)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.
(f)The tenant has failed or refused following notice pursuant to section 2503.5 of this Chapter to renew an expiring lease in the manner prescribed in such notice at the legal regulated rent authorized under this Chapter and the act.
(g)In the event of a sublet, an owner may terminate the tenancy of the tenant if the tenant is found to have violated the provisions of section 2505.7 of this Title.
9 NYCRR 2504.3 - Notices required in proceedings under sections 2504.2 and 2504.4(f) of this Part
Source version current through Sep 30, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 30, 2026
- Related Register notice
- HCR-35-22-00005-A · Adopted rule
- Related notice published
- Nov 8, 2023
- Related notice effective date
- Nov 8, 2023
Notices required in proceedings under sections 2504.2 and 2504.4(f) of this Part
(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 2504.2 of this Part unless and until the landlord shall have given written notice to the tenant and the division as hereinafter provided.
(b)Every notice to a tenant to vacate or surrender possession of housing accommodations shall state the ground under section 2504.2 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)Every such notice shall be served upon the tenant:
(1)in the case of a notice based upon section 2504.2(f) of this Part, at least 15 days prior to the date specified therein for the surrender of possession if the notice is served by mail, then five additional days, because of service by mail, shall be added; or
(2)in the case of a notice on any other ground pursuant to section 2504.2 of this Part, at least seven calendar days prior to the date specified therein for the surrender of possession; and, in any event, prior to the commencement of any proceeding for removal or eviction. Such notice may be combined with a notice to cure if required by section 2504.2 of this Part and, in such case, the seven-day period provided herein may, if the notice so provides, be included in the 10-day period specified in the notice to cure if the notice is served by mail, then five additional days, because of service by mail, shall be added; or
(3)in the case of a notice pursuant to section 2504.4(f) of this Part, at least 90 and not more than 120 days prior to the expiration of the lease term.
(d)All notices served pursuant to an application for demolition as set forth in subdivision (f) of
section 2504.4 of this Part shall state:
(1)that the owner will not renew the tenant's lease because the owner has filed an application
pursuant to section 2504.4(f) for permission to recover possession of all of the housing
accommodations in the building for the purpose of demolishing them, for which plans and
financing have been obtained as stated in the
application;
(2)that while the application is pending, the tenant may remain in occupancy;
(3)that the tenant shall not be required to vacate until the division has issued a final order approving the application and setting forth the time for vacating, stipends and other relocation conditions; and
(4)that the tenant must be offered a prospective renewal lease if the application is withdrawn or denied.
(e)The provisions of this section shall not apply to eviction proceedings commenced by, on behalf of, a law enforcement agency pursuant to section 715 of the Real Property Actions and Proceedings Law.
9 NYCRR 2504.4 - Grounds for refusal to renew lease and proceed for eviction
Related State Register notice: Adopted rule HCR-35-22-00005-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.
Source version current through Sep 15, 2021
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00005-A · Adopted rule
- Related notice published
- Nov 8, 2023
- Related notice effective date
- Nov 8, 2023
Current section text is not available here.