PART 2524 -- EVICTIONS
-----------------------------
TABLE OF CONTENTS
Section 2524.1. Restrictions on removal of tenant.
2524.2. Termination notices.
2524.3. Proceedings for eviction--wrongful acts
of tenant.
2524.4. Grounds for refusal to renew lease, or in
hotels, discontinuing a hotel tenancy,
without order of the DHCR.
2524.5. Grounds for refusal to renew lease or
discontinue hotel tenancy and evict which
require approval of the DHCR.
-----------------------------
Sec. 2524.1. RESTRICTIONS ON REMOVAL OF TENANT.
(a) As long as the tenant continues to pay the rent to which the
owner is entitled, no tenant shall be denied a renewal lease
or 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, except on one or more
of the grounds specified in this Code.
(b) It shall be unlawful for any person to remove or attempt to
remove any tenant from any housing accommodation or to
refuse to renew the lease or rental agreement for the use of
such housing accommodation, because such tenant has taken,
or proposes to take any action authorized or required by the
RSL or this Code, or any order of the DHCR.
(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 on a ground
authorized in this Part or under the Real Property Actions
and Proceedings Law.
Sec. 2524.2. TERMINATION NOTICES.
(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 permitted in section 2524.3 or 2524.4 of this
Part, unless and until the owner shall have given written
notice to such tenant as hereinafter provided.
(b) Every notice to a tenant to vacate or surrender possession
of a housing accommodation shall state the ground under
section 2524.3 or 2524.4 of this Part, upon which the owner
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 subdivision (f) of
section 2524.3 of this Part, at least 15 days prior to
the date specified therein for the surrender of
possession; or
(2) in the case of a notice on any other ground pursuant to
section 2524.3, at least seven calendar days prior to
the date specified therein for the surrender of
possession, or in the case of a notice pursuant to
subdivision (c) of section 2524.4 of this Part, at
least 120 and not more than 150 days prior to the
expiration of the lease term; or
(3) in the case of a notice pursuant to subdivision (a) of
sections 2524.4 and 2524.5 of this Part, at least 120
and not more than 150 days prior to the expiration of
the lease term, or in the case of a hotel permanent
tenant without a lease, at least 120 and not more than
150 days prior to the commencement of a court
proceeding; or
(4) in the case of a notice pursuant to subdivision (b) of
section 2524.4 of this Part, at least 120 and not more
than 150 days prior to the expiration of the lease
term, or within 120 days of the expiration of the
tenant's lease term provided no summary proceeding can
be commenced until the expiration of 120 days from the
service of such notice, accompanied by a form
prescribed by the DHCR advising the tenant of the
penalties set forth in section 2524.4(b) of this Part
for failure to use the housing accommodation for the
charitable or educational purposes for which recovery
is sought.
(d) All notices served pursuant to subdivision (c) of this
section shall be in lieu of any notice in any lease or
rental agreement providing for a lesser time for termination
of tenancy.
Sec. 2524.3. PROCEEDINGS FOR EVICTION--WRONGFUL ACTS OF TENANT.
Without the approval of the DHCR, an action or proceeding to
recover possession of any housing accommodation may only be
commenced after service of the notice required by section 2524.2
of this Part, upon one or more of the following grounds, wherein
wrongful acts of the tenant are established as follows:
(a) 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 owner that
the violations cease within 10 days; or the tenant has
willfully violated such an obligation inflicting serious and
substantial injury upon the owner within the three-month
period immediately prior to the commencement of the
proceeding.
(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 course of conduct,
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 exercise by a tenant of any
rights pursuant to any law or regulation relating to
occupancy of a housing accommodation, including the RSL or
this Code, shall not be deemed a 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 such
occupancy is in violation of contracts with governmental
agencies.
(d) The tenant is using or permitting such housing accommodation
to be used for immoral or illegal purpose.
(e) The tenant has unreasonably refused the owner access to the
housing accommodation for the purpose of making necessary
repairs or improvements required by law or authorized by the
DHCR, or for the purpose of inspection or showing the
housing 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 a ground for removal
or eviction unless the tenant shall have been given at least
five days' notice of the inspection or showing, to be
arranged at the mutual convenience of the tenant and owner
so as to enable the tenant to be present at the inspection
or showing, and that such inspection or showing of the
housing accommodation is not contrary to the provisions of
the tenant's lease or rental agreement.
(f) The tenant has refused, following notice pursuant to section
2523.5 of this Title, to renew an expiring lease in the
manner prescribed in such notice at the legal regulated rent
authorized under this Code and the RSL, and otherwise upon
the same terms and conditions as the expiring lease. This
subdivision does not apply to permanent hotel tenants, nor
may a proceeding be commenced based on this ground prior to
the expiration of the existing lease term.
(g) For housing accommodations in hotels, the tenant has
refused, after at least 20 days' written notice, to move to
a substantially similar housing accommodation in the same
building at the same legal regulated rent where there is a
rehabilitation as set forth in section 2524.5(a)(3) of this
Part, provided:
(1) that the owner has an approved plan to reconstruct,
renovate or improve said housing accommodation or the
building in which it is located;
(2) that the move is reasonably necessary to permit such
reconstruction, renovation or improvement;
(3) that the owner moves the tenant's belongings to the
other housing accommodation at the owner's cost and
expense; and
(4) that the owner offers the tenant the right of
reoccupancy of the reconstructed, renovated or improved
housing accommodation at the same legal regulated rent
unless such rent is otherwise provided for pursuant to
section 2524.5(a)(3) of this Part.
(h) 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 2525.6 of this Title.
Sec. 2524.4. GROUNDS FOR REFUSAL TO RENEW LEASE, OR IN HOTELS,
DISCONTINUING A HOTEL TENANCY, WITHOUT ORDER OF THE
DHCR.
The owner shall not be required to offer a renewal lease to a
tenant, or in hotels, to continue a hotel tenancy, and may
commence an action or proceeding to recover possession in a court
of competent jurisdiction, upon the expiration of the existing
lease term, if any, after serving the tenant with a notice as
required pursuant to section 2524.2 of this Part, only on one or
more of the following grounds:
(a) Occupancy by owner or member of owner's immediate family.
(1) An owner who seeks to recover possession of a housing
accommodation for such owner's personal use and
occupancy as his or her primary residence in the City
of New York and/or for the use and occupancy of a
member of his or her immediate family as his or her
primary residence in the City of New York, except that
tenants in a noneviction conversion plan pursuant to
section 352-eeee of the General Business Law may not be
evicted on this ground on or after the date the
conversion plan is declared effective.
(2) The provisions of this subdivision shall not apply
where a tenant or the spouse of a tenant lawfully
occupying the housing accommodation is a senior citizen
or disabled person, as previously defined herein,
unless the owner offers to provide and, if requested,
provides an equivalent or superior housing
accommodation at the same or lower regulated rent in a
closely proximate area.
(3) The provisions of this subdivision shall only permit
one of the individual owners of any building, whether
such ownership is by joint tenancy, tenancy in common,
or tenancy by the entirety to recover possession of one
or more dwelling units for personal use and occupancy.
(4) No action or proceeding to recover possession pursuant
to this subdivision shall be commenced in a court of
competent jurisdiction unless the owner shall have
served the tenant with a termination notice in
accordance with subdivisions (a), (b) and (c)(3) of
section 2524.2 of this Part.
(5) The failure of the owner to utilize the housing
accommodation for the purpose intended after the tenant
vacates, or to continue in occupancy for a period of
three years, may result in a forfeiture of the right to
any increases in the legal regulated rent in the
building in which such housing accommodation is
contained for a period of three years, unless the owner
offers and the tenant accepts reoccupancy of such
housing accommodation on the same terms and conditions
as existed at the time the tenant vacated, or the owner
establishes to the satisfaction of the DHCR that
circumstances changed after the tenant vacated which
prevented the owner from utilizing the housing
accommodation for the purpose intended, and in such
event, the housing accommodation may be rented at the
appropriate guidelines without a vacancy allowance.
This paragraph shall not eliminate or create any claim
that the former tenant of the housing accommodation may
or may not have against the owner.
(b) Recovery by a not-for-profit institution.
(1) The owner is a hospital, convent, monastery, asylum,
public institution, college, school dormitory, or any
institution operated exclusively for charitable or
educational purposes on a nonprofit basis, and the
owner, upon notice to the tenant in accordance with
section 2524.2(c)(4) of this Part, requires the housing
accommodation for its own use in connection with its
charitable or educational purposes, and either:
(i) the tenant's initial tenancy commenced after the
owner acquired the property, and the owner
requires the housing accommodation in connection
with its charitable or educational purposes,
including but not limited to housing for
affiliated persons; provided that the owner may
not refuse to renew the lease of a tenant whose
right to occupancy commenced prior to July 1, 1978
pursuant to a written lease or written rental
agreement, and who did not receive notice at the
time of the execution of the lease that the
tenancy was subject to nonrenewal; provided
further that a tenant who was affiliated with the
owning institution at the commencement of his or
her tenancy and whose affiliation terminates
during such tenancy shall not have the right to a
renewal lease; or
(ii) the owner requires the housing accommodation for a
nonresidential use in connection with its
charitable or educational purposes.
(2) In addition to such penalty provided in section 2526.2
of this Title, the failure of the owner without good
cause to utilize or to continue to use the housing
accommodation for the purpose intended after the tenant
vacates, and for four years thereafter, shall result in
a forfeiture of the right to any increases in the legal
regulated rent for the housing accommodation involved
for a four-year period following the recovery of the
housing accommodation from the tenant.
(3) If an owner who recovers a housing accommodation
pursuant to this subdivision, or any successor in
interest, within four years after recovery of the
housing accommodation from the tenant, utilizes such
housing accommodation for purposes other than those
permitted hereunder without good cause, then such owner
or successor shall be liable to the removed tenant for
three times the damages sustained on account of such
removal, plus reasonable attorney's fees and costs as
determined by a court of competent jurisdiction,
provided that such tenant commences an action to
recover such damages within three years from the date
of recovery of the housing accommodation. The damages
sustained by such tenant shall be the difference
between the rent paid by such tenant for the recovered
housing accommodation, and the rental value of a
comparable rent- regulated housing accommodation, plus
the reasonable costs of the removal of the tenant's
property.
(c) Primary residence.
The housing accommodation is not occupied by the tenant, not
including subtenants or occupants, as his or her primary
residence, as determined by a court of competent
jurisdiction; provided, however, that no action or
proceeding shall be commenced seeking to recover possession
on the ground that the housing accommodation is not occupied
by the tenant as his or her primary residence unless the
owner or lessor shall have given 30 days' notice to the
tenant of his or her intention to commence such action or
proceeding on such grounds. Such notice may be combined with
the notice required by section 2524.2(c)(2) of this Title.
For the purposes of this subdivision, where a housing
accommodation is rented to a not-for-profit hospital for
residential use, affiliated subtenants authorized to use
such accommodations by such hospital shall be deemed to be
tenants for primary residence purposes.
Sec. 2524.5. Grounds for refusal to renew lease or discontinue
hotel tenancy and evict which require approval of
the DHCR
(a) The owner shall not be required to offer a renewal lease to
a tenant or continue a hotel tenancy, and shall file on the
prescribed form an application with the DHCR for
authorization to commence an action or proceeding to recover
possession in a court of competent jurisdiction after the
expiration of the existing lease term, upon any one of the
following grounds:
(1) Withdrawal from the rental market. The owner has
established to the satisfaction of the DHCR after a
hearing, that he or she seeks in good faith to withdraw
any or all housing accommodations from both the housing
and nonhousing rental market without any intent to rent
or sell all or any part of the land or structure and:
(i) that he or she requires all or part of the housing
accommodations or the land for his or her own use
in connection with a business which he or she owns
and operates; or
(ii) 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 governmental 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.
(2) Demolition. The owner has established to the
satisfaction to the DHCR after a hearing that he or she
seeks in good faith to recover possession of the
housing accommodations for the purpose of demolishing
them and constructing a new building, provided that
either he or she has obtained approved plans for a new
building or the DHCR has determined that plans have
been submitted to the city agency having jurisdiction
over the demolition and new construction. However, a
hearing shall not be conducted until the owner has
submitted to the DHCR proof of his or financial ability
to complete the undertaking, together with copies of
the plans that have been submitted to such city agency.
No order shall be issued approving the owner's
application until said plans have been approved by such
city agency, and an order approving the owner's
application shall not be granted unless the owner
proves that all necessary funding for the proposed
construction has been secured.
(3) Other grounds. The owner will eliminate inadequate,
unsafe or unsanitary conditions and demolish or
rehabilitate the dwelling unit pursuant to the
provisions of article VIII, VIII-A, XIV, XV or XVIII of
the PHFL, the Housing New York Program Act, or sections
8 and 17 of the U.S. Housing Act of 1937 (National
Housing Act), on the condition that the owner:
(i) proves that it has a commitment for the required
financing;
(ii) proves that any rehabilitation requires the
temporary removal of the tenant; and
(iii) agrees to offer and will offer the tenants the
right of first occupancy following any
rehabilitation at an initial rent as determined
pursuant to the applicable law and subject to
any terms and conditions established pursuant to
applicable law and regulations.
(b) ELECTION NOT TO RENEW. Once an application is filed under
this section, with notification to all affected tenants
pursuant to section 2524.2 of this Part, the owner may
refuse to renew the affected tenant's lease until a
determination of the owner's application is made by the
DHCR. In such event, the owner may not increase the rent
charged in excess of the rent provided in the expiring
lease. If such application is denied, or withdrawn,
prospective renewal leases must be offered to all affected
tenants within such time and at such guidelines rates as
directed in the DHCR order of denial or withdrawal.
(c) Terms and conditions upon which orders authorizing refusal
to offer renewal leases may be based. The DHCR shall require
an owner to pay all reasonable moving expenses and shall
further condition the order upon the payment of a reasonable
stipend and/or the relocation of the tenant by the owner to
a suitable housing accommodation at the same or lower
regulated rent in a closely proximate area. If no such
housing accommodation is available at the same or lower
regulated rent, the owner may be required to pay the
difference in rent between the subject housing accommodation
and the new housing accommodation to which the tenant is
relocated for such period as the DHCR determines, commencing
with the occupancy of the new housing accommodation by the
tenant.
(d) Any order granting an application pursuant to this section
shall not provide for a stay of eviction which exceeds one
year. In addition, where the order of the DHCR is
conditioned upon the owner's compliance with specified terms
and conditions, if such terms and conditions have not been
complied with, the order may be modified or revoked.