New York Rent Laws
RSL Table of Contents
NYC Rent Stabilization Law of 1969
Sec. 26-515. RECOVERY OF POSSESSION.
a. An owner seeking to recover possession pursuant to
subparagraph (c) of paragraph nine of subdivision c of
section 26-511 of this chapter shall notify the tenant in
occupancy not more than one hundred fifty and not less than
one hundred twenty days prior to the end of the tenant's
lease term, by mail, of such owner's intention not to renew
such lease in order to recover the dwelling unit for its
charitable or educational purposes. The owner may give such
notice within one hundred twenty days of the expiration of
the tenant's lease term, provided it may not commence a
summary proceeding to recover the dwelling unit until the
expiration of one hundred twenty days from the giving of
such notice and, provided, further, that the tenant may
remain in occupancy until the commencement of such
proceeding at the same rent and upon the same terms and
conditions as were provided in his or her expired lease. The
notice of intention not to renew the tenant's lease shall be
accompanied by a notice on a form prescribed by the division
of housing and community renewal setting forth the penalties
to which an owner may be subject for his or her failure to
utilize the tenant's dwelling unit for the charitable or
educational purpose for which recovery of the dwelling unit
is sought.
b. If any owner who recovers a dwelling unit pursuant to such
subparagraph (c), or any successor in interest, utilizes
such unit for purposes other than those permitted under such
subparagraph, then such owner or successor shall, unless for
good cause shown, 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 the
court, provided that such tenant commences such action
within three years from the date of recovery of the unit.
The damages sustained by such tenant shall be the difference
between the rent paid by such tenant for the recovered
dwelling unit, and the rental value of a comparable rent
regulated dwelling unit on the open market. In addition to
any other damage, the reasonable cost of removal of the
tenant's property shall be a lawful measure of damages.
c. Where a dwelling unit has been recovered pursuant to such
subparagraph (c) and within four years of such recovery is
rented to a person or entity for purposes other than those
permitted pursuant to such subparagraph (c), unless for good
cause shown, the rent charged by such owner or any successor
in interest for four years following such recovery shall not
exceed the last regulated rent payable prior to such
recovery.
d. If the owner is found by the commissioner, to have recovered
possession of a dwelling unit pursuant to such subparagraph
(c) and within four years of such recovery such owner or any
successor in interest shall have utilized such unit for
purposes other than those permitted pursuant to such
subparagraph (c), unless for good cause shown, the
commissioner shall impose upon such owner or successor in
interest, by administrative order after hearing, a civil
penalty for any such violation. Such penalty shall be in an
amount of up to one thousand dollars for each offense. Such
order shall be deemed a final determination for the purposes
of judicial review. Such penalty may, upon the expiration of
the period for seeking review pursuant to article seventy-
eight of the civil practice law and rules, be docketed and
enforced in the manner of a judgment of the supreme court.
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