N.Y. Real Property Actions & Proceedings Law § 711: Grounds where landlord-tenant relationship exists

§ 711. Grounds where landlord-tenant relationship exists. A tenant

shall include an occupant of one or more rooms in a rooming house or a

resident, not including a transient occupant, of one or more rooms in a

hotel who has been in possession for thirty consecutive days or longer.

A tenant shall not include a squatter. For the purposes of this section,

a squatter is a person who enters onto or intrudes upon real property

without the permission of the person entitled to possession, and

continues to occupy the property without title, right or permission of

the owner or owner's agent or a person entitled to possession. In the

event of a conflict between the provisions regarding squatters of this

section and the provisions of subdivision three of section seven hundred

thirteen of this article, the provisions of section seven hundred

thirteen of this article shall be controlling. No tenant or lawful

occupant of a dwelling or housing accommodation shall be removed from

possession except in a special proceeding. A special proceeding may be

maintained under this article upon the following grounds:

1. The tenant continues in possession of any portion of the premises

after the expiration of his term, without the permission of the landlord

or, in a case where a new lessee is entitled to possession, without the

permission of the new lessee. Acceptance of rent after commencement of

the special proceeding upon this ground shall not terminate such

proceeding nor effect any award of possession to the landlord or to the

new lessee, as the case may be. A proceeding seeking to recover

possession of real property by reason of the termination of the term

fixed in the lease pursuant to a provision contained therein giving the

landlord the right to terminate the time fixed for occupancy under such

agreement if he deem the tenant objectionable, shall not be maintainable

unless the landlord shall by competent evidence establish to the

satisfaction of the court that the tenant is objectionable.

* 2. The tenant has defaulted in the payment of rent, pursuant to the

agreement under which the premises are held, and a written demand of the

rent has been made with at least fourteen days' notice requiring, in the

alternative, the payment of the rent, or the possession of the premises,

has been served upon the tenant as prescribed in section seven hundred

thirty-five of this article. The fourteen-day notice shall append or

contain the notice required pursuant to section two hundred thirty-one-c

of the real property law, which shall state the following: (i) if the

premises are or are not subject to article six-A of the real property

law, the "good cause eviction law", and if the premises are exempt, such

notice shall state why the premises are exempt from such law; (ii) if

the landlord is not renewing the lease for a unit subject to article

six-A of the real property law, the lawful basis for such non-renewal;

and (iii) if the landlord is increasing the rent upon an existing lease

of a unit subject to article six-A of the real property law above the

applicable local rent standard, as defined in subdivision eight of

section two hundred eleven of the real property law, the justification

for such increase. Any person succeeding to the landlord's interest in

the premises may proceed under this subdivision for rent due such

person's predecessor in interest if such person has a right thereto.

Where a tenant dies during the term of the lease and rent due has not

been paid and the apartment is occupied by a person with a claim to

possession, a proceeding may be commenced naming the occupants of the

apartment seeking a possessory judgment only as against the estate.

Entry of such a judgment shall be without prejudice to the possessory

claims of the occupants, and any warrant issued shall not be effective

as against the occupants.

* NB Effective until June 15, 2034

* 2. The tenant has defaulted in the payment of rent, pursuant to the

agreement under which the premises are held, and a written demand of the

rent has been made with at least fourteen days' notice requiring, in the

alternative, the payment of the rent, or the possession of the premises,

has been served upon him as prescribed in section seven hundred

thirty-five of this article. Any person succeeding to the landlord's

interest in the premises may proceed under this subdivision for rent due

his predecessor in interest if he has a right thereto. Where a tenant

dies during the term of the lease and rent due has not been paid and the

apartment is occupied by a person with a claim to possession, a

proceeding may be commenced naming the occupants of the apartment

seeking a possessory judgment only as against the estate. Entry of such

a judgment shall be without prejudice to the possessory claims of the

occupants, and any warrant issued shall not be effective as against the

occupants.

* NB Effective June 15, 2034

3. The tenant, in a city defaults in the payment, for sixty days after

the same shall be payable, of any taxes or assessments levied on the

premises which he has agreed in writing to pay pursuant to the agreement

under which the premises are held, and a demand for payment has been

made, or at least three days' notice in writing, requiring in the

alternative the payment thereof and of any interest and penalty thereon,

or the possession of the premises, has been served upon him, as

prescribed in section 735. An acceptance of any rent shall not be

construed as a waiver of the agreement to pay taxes or assessments.

4. The tenant, under a lease for a term of three years or less, has

during the term taken the benefit of an insolvency statute or has been

adjudicated a bankrupt.

5. The premises, or any part thereof, are used or occupied as a

bawdy-house, or house or place of assignation for lewd persons, or for

purposes of prostitution, or for any illegal trade or manufacture, or

other illegal business.

6. The tenant, in a city having a population of one million or more,

removes the batteries or otherwise disconnects or makes inoperable an

installed smoke or fire detector which the tenant has not requested be

moved from its location so as not to interfere with the reasonable use

of kitchen facilities provided that the court, upon complaint thereof,

has previously issued an order of violation of the provisions heretofore

stated and, subsequent to the thirtieth day after service of such order

upon the tenant, an official inspection report by the appropriate

department of housing preservation and development is presented, in

writing, indicating non-compliance herewith; provided further, that the

tenant shall have the additional ten day period to cure such violation

in accordance with the provisions of subdivision four of section seven

hundred fifty-three of this chapter.