§ 26-408. Evictions.
a. No tenant, so long as he or she continues to pay the rent to
which the landlord is entitled, shall be removed from any
housing accommodation which is subject to rent control under
this chapter 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 the fact that the tenant has no lease or
that his or her 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 following grounds, or unless
the landlord has obtained a certificate of eviction pursuant
to subdivision b of this section:
(1) The tenant is violating a substantial obligation of his
or her 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 ten 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; or
(2) The tenant is committing or permitting a nuisance in
such housing accommodation; or is maliciously or by
reason of gross negligence substantially damaging the
housing accommodation; or his or her 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 other adjacent building or structure; or
(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 accommodation 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; or
(4) The tenant is using or permitting such housing
accommodation to be used for an immoral or illegal
purpose; or
(5) The tenant who had a written lease or other written
rental agreement which terminated or shall terminate on
or after may first, nineteen hundred fifty, 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
in so far as such terms and conditions are inconsistent
with this chapter; or
(6) The tenant has unreasonably refused the landlord access
to the housing accommodation for the purpose of making
necessary repair 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 ground 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 the attorney general
pursuant to section three hundred fifty-two-eeee of the
general business law and accepted for filing by the
attorney general, and been declared effective in
accordance with such law, and any right of continued
occupancy granted by such law to a non-purchasing
tenant in occupancy of such dwelling unit shall have
expired; provided that the owner of the dwelling unit
or the shares allocated thereto seeks in good faith to
recover possession of a dwelling unit for his or her
own personal use and occupancy or for the use and
occupancy of his or her immediate family.
b. No tenant shall be removed or evicted on grounds other than
those stated in subdivision a of this section unless on
application of the landlord the city rent agency shall issue
an order granting a certificate of eviction in accordance
with its rules and regulations designed to effectuate the
purposes of this title, permitting the landlord to pursue
his or her remedies at law. The city rent agency shall issue
such an order whenever it finds that:
(1) The landlord seeks in good faith to recover possession
of a housing accommodation because of immediate and
compelling necessity for his or her own personal use
and occupancy or for the use and occupancy of his or
her immediate family provided, however, that this
subdivision shall not apply where a member of the
household lawfully occupying the housing accommodation
is sixty-two years of age or older, has been a tenant
in a housing accommodation in that building for twenty
years or more, or has an impairment which results from
anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any
controlled substance, which are demonstrable by
medically acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and
which prevent the tenant from engaging in any
substantial gainful employment; or
(2) The landlord seeks in good faith to recover possession
of a housing accommodation 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 accommodation is
used by the tenant as his or her dwelling; or
(3) 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 city rent agency
determines that the issuance of the order granting the
certificate of eviction is not inconsistent with the
purpose of this chapter; or
(4) The landlord seeks in good faith to recover possession
of housing accommodations for the immediate purpose of
demolishing them, and the city rent agency determines
that such demolition is to be effected for the purpose
of constructing a new building, provided that:
(a) If the purpose of such demolition is to construct
a new building containing housing accommodations,
no certificate of eviction shall be granted under
this paragraph unless such agency determines that
such new building will contain at least twenty per
centum more housing accommodations consisting of
self-contained family units (as defined by
regulations issued by such agency, with due regard
for the shortage of housing accommodations
suitable for family occupancy and for the purposes
of this chapter in relation thereto) than are
contained in the structure to be demolished;
except, however, that 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
any agency of the city having jurisdiction over
such matters and the cost of removing such
violations would be substantially equal to or
would exceed the assessed valuation of the
structure, the new building shall only be required
to make provision for a greater number of housing
accommodations consisting of self-contained family
units (as so defined by regulation) than are
contained in the structure to be demolished; and
(b) The city rent agency shall, by regulation, as a
condition to the granting of certificates of
eviction under this paragraph, require the
relocation of the tenants in other suitable
accommodations, provided that the city rent agency
may, by regulation, authorize the granting of such
certificates as to any tenants or classes of
tenants without such requirement of relocation,
where such exemption will not result in hardship
to such tenants or classes of tenants and will not
be inconsistent with the purposes of this chapter;
and
(c) The city rent agency may, by regulation, in order
to carry out the purposes of this chapter, impose
additional conditions to the granting of
certificates of eviction under this paragraph,
including, but not limited to, the payment of
stipends to the tenants by the landlord in such
amounts and subject to such variations and
classifications as such agency may determine to be
reasonably necessary; and
(d) No certificate of eviction shall be issued
pursuant to this paragraph unless the landlord
shall have secured such approval as is required by
law for the construction sought to be effected,
and the city rent agency determines that the
issuance of such certificate is not inconsistent
with the purpose of this chapter.
(5) Notwithstanding any provisions to the contrary
contained in this subdivision or in subdivision d of
section 26-410 of this chapter or in the local
emergency housing rent control act:
(a) no application for a certificate of eviction under
paragraph three or four of this subdivision and no
application for a certificate of eviction under
paragraph one of subdivision j or under
subdivision c of this section for the purpose of
withdrawing a housing accommodation from the
housing market on the grounds that the continued
operation of such housing accommodation would
impose undue hardship upon the landlord, pending
or made on or after the effective date hereof
shall be granted by the city rent agency unless
the city rent agency finds that there is no
reasonable possibility that the landlord can make
a net annual return of eight and one-half per
centum of the assessed value of the subject
property without recourse to the remedy provided
in said paragraph three or four or said
subdivision c or j and finds that neither the
landlord nor his or her immediate predecessor in
interest has intentionally or willfully managed
the property to impair the landlord's ability to
earn such return; and
(b) the effectiveness of any certificate of eviction
or of any order granting a certificate of eviction
pursuant to paragraphs three and four of this
subdivision shall be suspended, and no tenant may
be evicted pursuant to any such certificate or
order, unless the city rent agency:
(i) finds that there is no reasonable possibility
that the landlord can make a net annual
return of eight and one-half per centum of
the assessed value of the subject property
without recourse to the remedy provided in
said paragraphs three and four and finds that
neither the landlord nor his or her immediate
predecessor in interest has intentionally or
willfully managed the property to impair the
landlord's ability to earn such return; and
(ii) issues an order reinstating the effectiveness
of any certificate of eviction suspended
pursuant to this paragraph. The pendency of
any judicial proceeding or appeal shall in no
way prevent the taking effect of the relief
granted in this subparagraph.
(c) the provisions of this paragraph shall not apply
to an application for a certificate of eviction
from a housing accommodation when the landlord
seeks in good faith to recover possession thereof
for the immediate purpose of substantially
altering or remodelling it or for the immediate
purpose of demolishing it for the purpose of
constructing a new building when such altering or
remodelling or the construction of such new
building is to be aided by interest reduction
payments under section two hundred thirty-six of
the national housing act.
c. The city rent agency may from time to time, to effectuate
the purposes of this chapter, adopt, promulgate, amend or
rescind such rules, regulations or orders as it may deem
necessary or proper for the control of evictions. Any such
rules, regulations or orders may include, in addition to any
other provisions authorized by this subdivision, provisions
restricting the filing of applications for, or the issuance
of orders granting, certificates of eviction where such
agency finds that a course of conduct has been engaged in
which is proscribed by subdivision d of section 26-412 of
this chapter. The agency shall also require, prior to the
filing of plans with the department of buildings for a new
building or alteration on the site of controlled housing
accommodations and prior to the filing of an application for
a permit for the demolition or removal of an existing
multiple dwelling which contains controlled housing
accommodations, that the applicant certify to and file with
the agency such information and give such notice to tenants
as it deems necessary to prevent evasion of the law and
regulations governing evictions. It may also require that an
order granting a certificate of eviction be obtained from it
prior to the institution of any action or proceeding for the
recovery of possession of any housing accommodation subject
to rent control under this chapter upon the grounds
specified in subdivision b of this section or where it finds
that the requested removal or eviction is not inconsistent
with the purposes of this chapter and would not be likely to
result in circumvention or evasion thereof; provided,
however, that no such order shall be required in any action
or proceeding brought pursuant to the provisions of
subdivision a of this section.
d. (1) The city rent agency, on its own initiative or on
application of a tenant, may revoke or cancel an order
granting a certificate of eviction at any time prior to
the execution of a warrant in a summary proceeding to
recover possession of real property by a court whenever
it finds that:
(a) The certificate of eviction was obtained by fraud
or illegality; or
(b) The landlord's intentions or circumstances have so
changed that the premises, possession of which is
sought, will not be used for the purpose specified
in the certificate.
(2) The commencement of a proceeding by the city rent
agency to revoke or cancel an order granting a
certificate of eviction shall stay such order until the
final determination of the proceeding regardless of
whether the waiting period in the order has already
expired. In the event the city rent agency cancels or
revokes such an order, the court having jurisdiction of
any summary proceeding instituted in such case shall
take appropriate action to dismiss the application for
removal of the tenant from the real property and to
vacate and annul any final order or warrant granted or
issued by the court in the matter.
e. Notwithstanding the preceding provisions of this section,
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.
f. Any order of the city rent agency under this section
granting a certificate of eviction shall be subject to
judicial review only in the manner prescribed by subdivision
eight of section one of the state enabling act and sections
26-410 and 26-411 of this chapter.
g. (1) Where after the city rent agency has granted a
certificate of eviction authorizing the landlord to
pursue his or her remedies pursuant to law to acquire
possession and a tenant voluntarily removes from a
housing accommodation or has been removed therefrom by
action or proceeding to evict from or recover
possession of a housing accommodation upon the ground
that the landlord seeks in good faith to recover
possession of such accommodation:
(a) For his or her immediate and personal use, or for
the immediate and personal use by a member or
members of his or her immediate family, and such
landlord or members of his or her immediate family
shall fail to occupy such accommodation within
thirty days after the tenant vacates, or such
landlord shall lease or rent such space or permit
occupancy thereof by a third person within a
period of one year after such removal of the
tenant; or
(b) For the immediate purpose of withdrawing such
housing accommodation from the rental market and
such landlord shall lease or sell the housing
accommodation or the space previously occupied
thereby, or permit use thereof in a manner other
than contemplated in such eviction certificate
within a period of one year after such removal of
the tenant; or
(c) For the immediate purpose of altering or
remodeling such housing accommodation, and the
landlord shall fail to start the work of
alteration or remodeling of such housing
accommodation within ninety days after the
removal, on the ground that he or she required
possession for the purpose of effecting such
alteration or remodeling, of the last tenant whose
removal is necessary to enable the landlord to
effect such alteration or remodeling of such
accommodation, or if after having commenced such
work shall fail or neglect to prosecute the work
with reasonable diligence; or
(d) For the immediate purpose of demolishing such
housing accommodations and constructing a new
building in accordance with approved plans, or
reasonable amendment thereof, and the landlord has
failed to complete the demolition within six
months after the removal of the last tenant or,
having demolished the premises, has failed or
neglected to proceed with the new construction
within ninety days after the completion of such
demolition, or having commenced such construction
work has failed or neglected to prosecute such
work with reasonable diligence; or
(e) For some purpose other than those specified above
for which the removal of the tenant was sought and
the landlord has failed to use the vacated
premises for such purpose; such landlord shall,
unless for good cause shown, be liable to the
tenant for three times the damages sustained on
account of such removal plus reasonable attorney's
fees and costs as determined by the court. In
addition to any other damage, the cost of removal
of property shall be a lawful measure of damage.
The remedy herein provided for shall be in
addition to those provided for in subdivision h of
this section, paragraph (a) of subdivision ten of
section one of the state enabling act and
subdivision a of section 26-413 of this chapter.
(2) The acts and omissions mentioned in subparagraphs (a),
(b), (c), (d) and (e) of paragraph one of this
subdivision, on the part of a landlord after issuance
of a certificate of eviction, are hereby declared to be
inconsistent with the purposes for which such
certificate of eviction was issued.
h. Where after the city rent agency has granted a certificate
of eviction authorizing the landlord to pursue his or her
remedies pursuant to law to acquire possession for any
purpose stated in subdivision b or j of this section or for
some other stated purpose, and a tenant voluntarily removes
from a housing accommodation or has been removed therefrom
by action or proceeding to evict from or recover possession
of a housing accommodation and the landlord or any successor
landlord of the premises does not use the housing
accommodation for the purpose specified in such certificate
of eviction, the vacated accommodation or any replacement or
subdivision thereof shall, unless the city rent agency
approves such different purpose, be deemed a housing
accommodation subject to control, notwithstanding any
definition of that term in this chapter to the contrary.
Such approval shall be granted whenever the city rent agency
finds that the failure or omission to use the housing
accommodation for the purpose specified in such certificate
was not inconsistent with the purpose of this chapter and
would not be likely to result in the circumvention or
evasion thereof. The remedy herein provided for shall be in
addition to those provided for in subdivision g of this
section, paragraph (a) of subdivision ten of section one of
the state enabling act and subdivision a of section 26-413
of this chapter.
i. Any statutory tenant who vacates a housing accommodation
without giving the landlord at least thirty days' written
notice by registered or certified mail of his or her
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 section. Such
notice shall be postmarked on or before the last day of the
rental period immediately prior to such thirty-day period.
j. (1) Nothing in this chapter shall be construed to
require any person to offer any housing accommodations
for rent, but housing accommodations already on the
rental market may be withdrawn only after prior written
approval of the city rent agency, if such withdrawal
requires that a tenant be evicted from such
accommodations.
(2) The city rent agency, in order to carry out the
purposes of this chapter, may issue regulations
providing for issuance of certificates of eviction in
any case where the landlord seeks such approval in
order to use the premises (including the building or
land) (a) for the purpose of conducting a business, or
(b) where the landlord is a hospital, convent, asylum,
public institution, college, school or any institution
operated exclusively for charitable, religious or
educational purposes on a nonprofit basis and the
landlord seeks such approval in order to use the
premises (including the building or land) or any part
thereof in connection with the landlord's charitable,
religious or educational purposes; such agency, if it
grants approval, shall condition same upon compliance
by the landlord with designated requirements which may
consist of any conditions that such agency would have
authority to prescribe by regulation under
subparagraphs (b) and (c) of paragraph four of
subdivision b of this section with respect to
applications for certificates of eviction under such
paragraph four provided, however, that such agency
shall not condition any such approval granted to a
hospital, convent, asylum, public institution, college,
school, or any institution operated exclusively for
charitable, religious or educational purposes upon
compliance with requirements exceeding or less than
those applicable to any private owner in similar
circumstances. Nothing contained in this paragraph
shall be construed as authorizing or requiring such
agency to approve the withdrawal of any housing
accommodations from the rental market by any landlord
for the purpose of using the premises for any business
other than one in existence and conducted by such
landlord at the time such withdrawal is sought. No
certificate of eviction shall be issued to a nonprofit
school, college, hospital, or other charitable
institution, including without limitation, any
organization exempt from taxation under the Federal
Internal Revenue Code, which seeks to recover
possession of the housing accommodations or to withdraw
such accommodations from the rental or non-rental
housing market, for immediate and personal use and
occupancy as housing accommodations by its employees,
students or members of its staff.
k. The city rent agency by order issued pursuant to its
regulations may waive the requirements of subdivision b of
this section where (1) the housing accommodations were
vacant at the time when landlord made application for such
waiver, and (2) were vacated by reason of the last tenant's
voluntary surrender thereof, and (3) the landlord, in good
faith, intends to demolish or substantially rehabilitate the
building in which the housing accommodations are located
within a period approved by the city rent agency. The
failure of the landlord to comply with the conditions
established by the city rent agency for the granting of the
application shall subject the housing accommodations to all
the provisions of this chapter.
Added by Laws 1985, Ch. 907, § 1, eff. Sept. 1, 1986.