N.Y. Emergency Housing Rent Control Law 274/46 337/61 § 5: Evictions

§ 5. Evictions. 1. So long as the tenant continues to pay the rent to

which the landlord is entitled, no tenant shall be removed from any

housing accommodation with respect to which a maximum rent is in effect

pursuant to this act 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 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 two of this section:

(a) the tenant is violating a substantial obligation of his 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

(b) 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 accommodations; or his conduct is

such as to interfere substantially with the comfort or safety of the

landlord or of other tenants or occupants of the same or other adjacent

building or structure; or

(c) occupancy of the housing accommodations by the tenant is illegal

because of the requirements of law, and the landlord is subject to civil

or criminal penalties therefor, or both; or

(d) the tenant is using or permitting such housing accommodation to be

used for an immoral or illegal purpose; or

(e) the tenant who had a written lease or other written rental

agreement which terminates 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 act; or

(f) 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 purpose 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 other rental agreement.

2. No tenant shall be removed or evicted on grounds other than those

stated in subdivision one of this section unless on application of the

landlord the commission shall issue an order granting a certificate of

eviction in accordance with its rules and regulations, designed to

effectuate the purposes of this act, permitting the landlord to pursue

his remedies at law. The commission shall issue such an order whenever

it finds that:

(a) 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 as his or her primary

residence or for the use and occupancy of his or her immediate family as

their primary residence; provided, however, this subdivision shall

permit recovery of only one housing accommodation and 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 fifteen 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; provided, however, that a tenant

required to surrender a housing accommodation under this paragraph shall

have a cause of action in any court of competent jurisdiction for

damages, declaratory, and injunctive relief against a landlord or

purchaser of the premises who makes a fraudulent statement regarding a

proposed use of the housing accommodation. In any action or proceeding

brought pursuant to this paragraph a prevailing tenant shall be entitled

to recovery of actual damages, and reasonable attorneys' fees; or

(b) the landlord seeks in good faith to recover possession of housing

accommodations 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 accommodations 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 dwelling; or

(c) the landlord seeks in good faith to recover possession of the

housing accommodations for the immediate purpose of substantially

altering or remodeling them, provided that the landlord shall have

secured such approval therefor as is required by law and the commission

determines that the issuance of the order granting the certificate of

eviction is not inconsistent with the purpose of this act; or

(d) the landlord seeks in good faith to recover possession of the

housing accommodations for the immediate purpose of demolishing them and

the commission determines (i) that such demolition is to be used for the

purpose of constructing new buildings or structures containing at least

twenty per centum more housing accommodations consisting of

self-contained family units than are contained in the structure to be

demolished; provided, however, 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 the

local authorities having jurisdiction over such matters and the cost of

removing such violations would substantially equal or exceed the

assessed valuation of the structure, the new buildings or structures

shall only be required to make provision for a greater number of housing

accommodations consisting of self-contained family units than are

contained in the structure to be demolished; provided, further, that the

commission may by regulation impose as a condition to granting the

certificates of eviction that the landlord pay stipends to the tenants

in such amounts as the commission may determine to be reasonably

necessary, which amounts may vary depending upon the size of the

tenant's apartment and whether the tenant accepts relocation by the

landlord; or (ii) that such demolition is made for the purpose of

constructing new buildings or structures other than housing

accommodations; provided, however, that within the city of New York the

commission may by regulation impose conditions (including but not

limited to suitable relocation and the payment of stipends) to granting

the certificates of eviction. No order granting the certificates of

eviction pursuant to this paragraph shall be issued unless the landlord

shall have secured such approval therefor as is required by law and the

commission determines that the issuance of such order is not

inconsistent with the purpose of this act.

3. The commission may from time to time to effectuate the purposes of

this act adopt, promulgate, amend or rescind such rules, regulations or

orders as it may deem necessary or proper for the control of evictions.

It may 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 a

maximum rent under this act upon the grounds specified in subdivision

two of this section or where it finds that the requested removal or

eviction is not inconsistent with the purposes of this act and would not

be likely to result in the 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 one of this

section.

The commission on its own initiative or on application of a tenant may

revoke or cancel an order granting such 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.

The commencement of a proceeding by the commission 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

commission 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.

4. Notwithstanding the preceding provisions of this section, the

state, any municipality, or housing authority may nevertheless 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.

5. Any order of the commission under this section granting a

certificate of eviction shall be subject to judicial review only in the

manner prescribed by sections eight and nine.

6. Where after the commission has granted a certificate of eviction

certifying that the landlord may pursue his remedies pursuant to local

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 accommodations (1) for his immediate and

personal use, or for the immediate and personal use by a member or

members of his immediate family, and such landlord or members of his

immediate family shall fail to occupy such accommodations 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 (2) for the immediate

purpose of withdrawing such housing accommodations 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 (3) for the

immediate purpose of altering or remodeling such housing accommodations,

and the landlord shall fail to start the work of alteration or

remodeling of such housing accommodations within ninety days after such

removal on the ground that he required possession of such accommodations

for the purpose of altering or remodeling the same, or if after having

commenced such work shall fail or neglect to prosecute the work with

reasonable diligence, or (4) for the immediate purpose of demolishing

such housing accommodations and constructing a new building or structure

for a greater number of housing accommodations 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 (5) 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;

provided, however, that subparagraph (4) herein shall not apply to any

action which does not constitute a violation of any local law providing

for penalties upon failure to demolish or comply with state rent control

eviction certificates. In addition to any other damage, the cost of

removal of property shall be a lawful measure of damage.

7. Any statutory tenant who vacates the housing accommodations,

without giving the landlord at least thirty days' written notice by

registered or certified mail of his intention to vacate, shall be liable

to the landlord for an amount not exceeding one month's rent, except

where the tenant has been removed or vacates pursuant to the provisions

of this section or of subdivision four of section ten of this act. Such

notice shall be postmarked on or before the last day of the rental

period immediately prior to such thirty-day period.

8. Where after the commission has granted a certificate of eviction

authorizing the landlord to pursue his remedies pursuant to local law to

acquire possession for any purpose stated in subdivision two of section

five or in subdivision four of section ten of this act 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 commission approves such different purpose, be

deemed a housing accommodation subject to control, notwithstanding any

definition of that term in this act to the contrary. Such approval shall

be granted whenever the commission finds that the failure or omission to

use the housing accommodation for the purpose specified in such

certificate was not inconsistent with the purposes of this act 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 one of section eleven of this act and to the tenant's action

for damages provided for in subdivision six of this section.