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State of New York Codes, Rules and Regulations (NYCRR)
Title 9. Executive Department
Subtitle S. Division of Housing and Community Renewal
Chapter VIII. Rent Stabilization Regulations
Subchapter B. Rent Stabilization Code
Part
2524. Evictions
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 |
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NYCRR Part 2524 Notes
Statutory Authority: N.Y.C
Administrative Code, §§ 26-511(b), 26-518(a). Added
Part 2524 on 5/01/87.
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NYCRR § 2524.1
§ 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.
Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2524.1 on 5/01/87.
9
NYCRR § 2524.2
§ 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 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 section 2524.3(f) 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 section 2524.4(c) of this Part, at least 90 and not
more than 150 days prior to the expiration of the lease term;
or
(3) in the case of a notice pursuant to sections 2524.4(a) and
2524.5(a) of this Part, at least 90 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 90 and not more
than 150 days prior to the commencement of a court proceeding;
or
(4) in the case of a notice pursuant to section 2524.4(b) 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.
(e) All notices served pursuant to section 2524.5(a)(2) 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 2524.5(a)(2)
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, or are in the process
of being 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 DHCR
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.
Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2524.2 on 5/01/87; amended 2524.2 (c)
on 12/20/00; added 2524.2 (e) on 12/20/00.
9
NYCRR § 2524.3
§ 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 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 RSL or this Code, 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 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.
Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2524.3 on 5/01/87; repealed and added
§ 2524.3 (b) on 12/20/00.
9
NYCRR § 2524.4
§ 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 section 2524.2(a), (b) and (c)(3) 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.
Statutory Authority:
General Business Law, § 352-EEEE, N.Y.C Administrative
Code, §§ 26-511(b), 26-518(a)
History:
Added § 2524.4 on 5/01/87; amended § 2524.4(c)
on 12/20/00.
9
NYCRR § 2524.5
§ 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.
(i) The owner seeks to demolish the building. Until the owner
has submitted proof of its financial ability to complete such
undertaking to the DHCR, and plans for the undertaking have
been approved by the appropriate city agency, an order approving
such application shall not be issued.
(ii) Terms and conditions upon which orders issued pursuant
this paragraph authorizing refusal to offer renewal leases may
be based:
(a) The DHCR shall require an owner to pay all reasonable
moving expenses and afford the tenant a reasonable period
of time within which to vacate the housing accommodation.
If the tenant vacates the housing accommodation on or before
the date provided in the DHCR's final order, such tenant shall
be entitled to receive all stipend benefits pursuant to clause
(b) of this subparagraph. In addition, if the tenant vacates
the housing accommodation prior to the required vacate date,
the owner may also pay a stipend to the tenant that is larger
than the stipend designated in a demolition stipend chart
to be issued pursuant to an operational bulletin authorized
by section 2527.11 of this Title. However, at no time shall
an owner be required to pay a stipend in excess of the stipend
set forth in such schedule. If the tenant does not vacate
the housing accommodation on or before the required vacate
date, the stipend shall be reduced by one sixth of the total
stipend for each month the tenant remains in occupancy after
such vacate date.
(b) The order granting the owner's demolition application
shall provide that the owner must either:
(1) relocate the tenant to a suitable housing accommodation,
as defined in subparagraph (iii) of this paragraph, at the
same or lower legal regulated rent in a closely proximate
area, or in a new residential building if constructed on
the site, in which case suitable interim housing shall be
provided at no additional cost to the tenant; plus in addition
to reasonable moving expenses, payment of a $5,000 stipend,
provided the tenant vacates on or before the vacate date
required by the final order;
(2) where an owner provides relocation of the tenant to
a suitable housing accommodation at a rent in excess of
that for the subject housing accommodation, in addition
to the tenant's reasonable moving expenses, the owner may
be required to pay the tenant a stipend equal to the difference
in rent, at the commencement of the occupancy by the tenant
of the new housing accommodation, between the subject housing
accommodation and the housing accommodation to which the
tenant is relocated, multiplied by 72 months, provided the
tenant vacates on or before the vacate date required by
the final order; or
(3) pay the tenant a stipend which shall be the difference
between the tenant's current rent and an amount calculated
using the demolition stipend chart, at a set sum per room
per month multiplied by the actual number of rooms in the
tenant's current housing accommodation, but no less than
three rooms. This difference is to be multiplied by 72 months.
(c) Wherever a stipend would result in the tenant losing
a subsidy or other governmental benefit which is income dependent,
the tenant may elect to waive the stipend and have the owner
at his or her own expense, relocate the tenant to a suitable
housing accommodation at the same or lower legal regulated
rent in a closely proximate area.
(d) In the event that the tenant dies prior to the issuance
by the DHCR of a final order granting the owner's application,
the owner shall not be required to pay such stipend to the
estate of the deceased tenant.
(e) Where the order of the DHCR granting the owner's application
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.
(f) Noncompliance by the owner with any term or condition
of the administrator's or commissioner's order granting the
owner's application shall be brought to the attention of the
DHCR's compliance unit for appropriate action. The DHCR shall
retain jurisdiction for this purpose until all moving expenses,
stipends, and relocation requirements have been met.
(iii) Comparable housing accommodations and relocation. In
the event a comparable housing accommodation is offered by the
owner, a tenant may file an objection with the DHCR challenging
the suitability of a housing accommodation offered by the owner
for relocation within 10 days after the owner identifies the
housing accommodation and makes it available for the tenant
to inspect and consider the suitability thereof. Within 30 days
thereafter, the DHCR shall inspect the housing accommodation,
on notice to both parties, in order to determine whether the
offered housing accommodation is suitable. Such determination
will be made by the DHCR as promptly as practicable thereafter.
In the event that the DHCR determines that the housing accommodation
is not suitable, the tenant shall be offered another housing
accommodation, and shall have 10 days after it is made available
by the owner for the tenant's inspection to consider its suitability.
In the event that the DHCR determines that the housing accommodation
is suitable, the tenant shall have 15 days thereafter within
which to accept the housing accommodation. A tenant who refuses
to accept relocation to any housing accommodation determined
by the DHCR to be suitable shall lose the right to relocation
by the owner, and to receive payment of moving expenses or any
stipend. Suitable housing accommodations shall mean housing
accommodations which are similar in size and features to the
respective housing accommodations now occupied by the tenants.
Such housing accommodations shall be freshly painted before
the tenant takes occupancy, and shall be provided with substantially
the same required services and equipment the tenants received
in their prior housing accommodations. The building containing
such housing accommodations shall be free from violations of
law recorded by the city agency having jurisdiction, which constitute
fire hazards or conditions dangerous or detrimental to life
or health, or which affect the maintenance of required services.
The DHCR will consider housing accommodations proposed for relocation
which are not presently subject to rent regulation, provided
the owner submits a contractual agreement that places the tenant
in a substantially similar housing accommodation at no additional
rent for a period of six years, unless the tenant requests a
shorter lease period in writing.
(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, the owner may
refuse to renew all tenants' leases until a determination of the
owner's application is made by the DHCR. For the purposes of paragraph
(a)(2) of this section, service of the application at any time shall
be considered sufficient compliance with section 2524.2(c)(3) of
this Part. 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. Except as otherwise provided
in paragraph (a)(2) of this section, 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.
Statutory Authority:
Private Housing Finance Law, § A8, § A8-A,
§ A18, § A15, N.Y.C Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2524.5 on 5/01/87; repealed and added
§ 2524.5(a)(2) on 12/20/00; amended 2524.5(b) on 12/20/00;
amended 2524.5(c) on 12/20/00.
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