N.Y. Multiple Dwelling Law § 261: Recovery of possession of certain non-complying premises restricted during emergency period

* § 261. Recovery of possession of certain non-complying premises

restricted during emergency period. 1. Legislative finding. The public

emergency which existed at the time of the enactment of and which was

declared in chapter six hundred seventy-five of the laws of nineteen

hundred thirty-eight, and in acts amendatory thereof, having continued

and still existing, there having been and there being an acute shortage

of such dwellings, and the intents and purposes of such provisions

having, in a great many instances, been circumvented by landlords giving

their tenants thirty days' notice terminating their tenancy and

instituting proceedings for their removal, the necessity for legislative

intervention, by the enactment of the provisions of this section, and

their application, until July first, nineteen hundred forty-nine, is

hereby declared as a matter of legislative determination, and the

provisions of this section shall remain in force and effect only until

such date.

2. For the period during which any old-law tenement or any converted

dwelling shall fail to comply with the applicable provisions of article

six or seven, no action or proceeding by an owner to recover possession

of such dwelling or any part thereof from a tenant and to remove such

tenant therefrom for the reason that the tenant holds over and continues

in possession of the demised dwelling or any part thereof after the

expiration of his term without the permission of the owner, shall be

maintainable except:

a. A proceeding to recover such possession upon the ground that the

person is holding over and is objectionable, in which case the owner

shall establish to the satisfaction of the court that the person holding

over is objectionable; or

b. A proceeding when the owner of record of the dwelling, being a

natural person, seeks in good faith to recover possession of a room or

rooms therein for the immediate and personal occupancy by himself and

his family as a dwelling; or

c. A proceeding where the petitioner shows to the satisfaction of the

court that he desires in good faith to recover the dwelling for the

purpose of altering or demolishing the same with the intention of

providing or constructing more dwelling units, plans for which shall

have been duly approved by the department in accordance with the

provisions of any applicable local law.

d. In pending proceedings for the recovery of such dwelling on the

grounds that the occupant holds over after the expiration of his term, a

warrant shall not be issued unless the petitioner establishes to the

satisfaction of the court that the proceeding is one mentioned in the

exceptions enumerated in this subdivision.

3. The provisions of this section shall not be construed to apply to

an action or proceeding by an owner to recover possession of such

dwelling or any part thereof from a tenant and to remove such tenant

therefrom for the reason that the tenant holds over and continues in

possession of the demised dwelling or any part thereof without the

permission of the owner after a default in the payment of the rent.

* NB Expired July 1, 1949