N.Y. Real Property Law § 216: Grounds for removal of tenants

* § 216. Grounds for removal of tenants. 1. No landlord shall remove a

tenant from any housing accommodation covered by section two hundred

fourteen of this article, or attempt such removal or exclusion from

possession, notwithstanding that the tenant has no written lease or that

the lease or other rental agreement has expired or otherwise terminated,

except upon order of a court of competent jurisdiction entered in an

appropriate judicial action or proceeding in which the petitioner or

plaintiff has established one of the following grounds as good cause for

removal or eviction:

(a) (i) The tenant has failed to pay rent due and owing, provided

however that the rent due and owing, or any part thereof, did not result

from a rent increase which is unreasonable. In determining whether all

or part of the rent due and owing is the result of an unreasonable rent

increase, it shall be a rebuttable presumption that the rent for a

dwelling not protected by rent regulation is unreasonable if said rent

has been increased in any calendar year, after the effective date of

this article, or after the effective date of the local law in any

village, town, or city that enacts such local law to apply this article

to such village, town, or city pursuant to subdivision one of section

two hundred thirteen of this article, by an amount greater than the

local rent standard, provided further that no rent increase less than or

equal to the local rent standard shall be deemed unreasonable.

(ii) Whenever a court considers whether a rent increase is

unreasonable, the court may consider all relevant facts, including but

not limited to a landlord's costs for fuel and other utilities,

insurance, and maintenance; but in all cases, the court shall consider

the landlord's property tax expenses and any recent increases thereto;

such relevant facts also shall include whether the landlord, other than

in circumstances governed by paragraph (d) of this subdivision, seeks in

good faith to raise the rent upon a renewal lease to reflect completed

significant repairs to the housing accommodation, or to any other part

of the building or real property in which the housing accommodation is

located, provided that the landlord can establish that the repairs

constituted significant repairs and that such repairs did not result

from the landlord's failure to properly maintain the building or housing

accommodation, and provided further that for the purposes of this

subparagraph, "significantly repair" means the replacement or

substantial modification of any structural, electrical, plumbing, or

mechanical system that requires a permit from a governmental agency, or

abatement of hazardous materials, including lead-based paint, mold, or

asbestos in accordance with applicable federal, state, and local laws,

and provided further cosmetic improvements alone, including painting,

decorating, and minor repairs, do not qualify as significant repairs;

(b) The tenant is violating a substantial obligation of their tenancy

or breaching any of the landlord's rules and regulations governing said

premises, other than the obligation to surrender possession, and has

failed to cure such violation after written notice that the violation

cease within ten days of receipt of such written notice, provided

however, that the obligation of tenancy for which violation is claimed

was not imposed for the purpose of circumventing the intent of this

article and provided such rules or regulations are reasonable and have

been accepted in writing by the tenant or made a part of the lease at

the beginning of the lease term;

(c) The tenant is committing or permitting a nuisance in such housing

accommodation, or elsewhere in the building or on the real property in

which the housing accommodation is located, or is maliciously or by

reason of gross negligence substantially damaging the housing

accommodation, or causing substantial damage elsewhere in the building

or on the real property in which the housing accommodation is located;

or the tenant's conduct is such as to interfere with the comfort and

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

another adjacent building or structure;

(d) Occupancy of the housing accommodation by the tenant is in

violation of or causes a violation of law and the landlord is subject to

civil or criminal penalties therefor; provided however that an agency of

the state or municipality having jurisdiction has issued an order

requiring the tenant to vacate the housing accommodation. No tenant

shall be removed from possession of a housing accommodation on such

ground unless the court finds that the cure of the violation of law

requires the removal of the tenant and that the landlord did not through

neglect or deliberate action or failure to act create the condition

necessitating the vacate order. In instances where the landlord does not

undertake to cure conditions of the housing accommodation causing such

violation of the law, the tenant shall have the right to pay or secure

payment in a manner satisfactory to the court, to cure such violation

provided that any tenant expenditures shall be applied against rent to

which the landlord is entitled. In instances where removal of a tenant

is absolutely essential to such tenant's health and safety, the removal

of the tenant shall be without prejudice to any leasehold interest or

other right of occupancy the tenant may have and the tenant shall be

entitled to resume possession at such time as the dangerous conditions

have been removed. Nothing herein shall abrogate or otherwise limit the

right of a tenant to bring an action for monetary damages against the

landlord or to otherwise compel compliance by the landlord with all

applicable state or municipal housing codes;

(e) The tenant is using or permitting the housing accommodation, or

elsewhere in the building or on the real property in which the housing

accommodation is located, to be used for an illegal purpose;

(f) The tenant has unreasonably refused the landlord access to the

housing accommodation for the purpose of making necessary repairs or

improvements required by law or for the purpose of showing the housing

accommodation to a prospective purchaser, mortgagee or other person

having a legitimate interest therein;

(g) The landlord seeks in good faith to recover possession of a

housing accommodation for the landlord's own personal use and occupancy

as the landlord's principal residence, or the personal use and occupancy

as principal residence of the landlord's spouse, domestic partner,

child, stepchild, parent, step-parent, sibling, grandparent, grandchild,

parent-in-law or sibling-in-law, when no other suitable housing

accommodation in such building is available, provided that no judgment

in favor of the landlord may be granted pursuant to this paragraph

unless the landlord establishes good faith to recover possession of a

housing accommodation for the landlord's own personal use and occupancy

as the landlord's principal residence, or the personal use and occupancy

as a principal residence of the landlord's spouse, domestic partner,

child, stepchild, parent, step-parent, sibling, grandparent, grandchild,

parent-in-law or sibling-in-law, by clear and convincing evidence. This

paragraph shall not apply to a housing accommodation occupied by a

tenant who is sixty-five years of age or older or who is a disabled

person;

(h) The landlord in good faith seeks to demolish the housing

accommodation, provided that no judgment in favor of the landlord may be

granted pursuant to this paragraph unless the landlord establishes good

faith to demolish the housing accommodation by clear and convincing

evidence;

(i) The landlord seeks in good faith to withdraw a housing

accommodation from the housing rental market, provided that no judgment

in favor of the landlord may be granted pursuant to this paragraph

unless the landlord establishes good faith to withdraw the housing

accommodation from the housing rental market by clear and convincing

evidence; or

(j) The tenant fails to agree to reasonable changes to a lease at

renewal, including increases in rent that are not unreasonable as

defined in paragraph (a) of this subdivision, as long as written notice

of the changes to the lease were provided to the tenant at least thirty

days, but no more than ninety days, prior to the expiration of the

current lease.

2. A tenant required to surrender a housing accommodation by virtue of

the operation of paragraph (g), (h), or (i) of subdivision one of this

section 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, removal from the rental housing market, or

demolition of the housing accommodation. In any action or proceeding

brought pursuant to this subdivision a prevailing tenant shall be

entitled to recovery of actual damages, and reasonable attorneys' fees.

Except as provided in this subdivision, nothing in this article shall

create a civil claim or cause of action by a tenant against a landlord.

3. Nothing in this section shall abrogate or limit the tenant's right

pursuant to section seven hundred fifty-one of the real property actions

and proceedings law to permanently stay the issuance or execution of a

warrant or eviction in a summary proceeding, whether characterized as a

nonpayment, objectionable tenancy, or holdover proceeding, the

underlying basis of which is the nonpayment of rent, so long as the

tenant complies with the procedural requirements of section seven

hundred fifty-one of the real property actions and proceedings law where

applicable.

* NB Repealed June 15, 2034