§ 5 — Evictions

New York § 5

• Jurisdiction: New York
• Law ERL: Emergency Housing Rent Control Law 274/46 337/61

Text

§ 5. Evictions. 1. So long as the tenant continues to pay the rent to\nwhich the landlord is entitled, no tenant shall be removed from any\nhousing accommodation with respect to which a maximum rent is in effect\npursuant to this act by action to evict or to recover possession, by\nexclusion from possession, or otherwise, nor shall any person attempt\nsuch removal or exclusion from possession notwithstanding the fact that\nthe tenant has no lease or that his lease, or other rental agreement has\nexpired or otherwise terminated, notwithstanding any contract, lease\nagreement or obligation heretofore or hereafter entered into which\nprovides for surrender of possession, or which otherwise provides\ncontrary hereto, except on one or more of the following grounds, or\nunless the landlord has obtained a certificate of eviction pursuant to\nsubdivision two of this section:\n (a) the tenant is violating a substantial obligation of his tenancy\nother than the obligation to surrender possession of such housing\naccommodation and has failed to cure such violation after written notice\nby the landlord that the violation cease within ten days, or within the\nthree month period immediately prior to the commencement of the\nproceeding the tenant has wilfully violated such an obligation\ninflicting serious and substantial injury to the landlord; or\n (b) the tenant is committing or permitting a nuisance in such housing\naccommodation; or is maliciously or by reason of gross negligence\nsubstantially damaging the housing accommodations; or his conduct is\nsuch as to interfere substantially with the comfort or safety of the\nlandlord or of other tenants or occupants of the same or other adjacent\nbuilding or structure; or\n (c) occupancy of the housing accommodations by the tenant is illegal\nbecause of the requirements of law, and the landlord is subject to civil\nor criminal penalties therefor, or both; or\n (d) the tenant is using or permitting such housing accommodation to be\nused for an immoral or illegal purpose; or\n (e) the tenant who had a written lease or other written rental\nagreement which terminates on or after May first, nineteen hundred\nfifty, has refused upon demand of the landlord to execute a written\nextension or renewal thereof for a further term of like duration not in\nexcess of one year but otherwise on the same terms and conditions as the\nprevious lease except in so far as such terms and conditions are\ninconsistent with this act; or\n (f) the tenant has unreasonably refused the landlord access to the\nhousing accommodations for the purpose of making necessary repairs or\nimprovements required by law or for the purpose of inspection or of\nshowing the accommodations to a prospective purchaser, mortgagee or\nprospective mortgagee, or other person having a legitimate interest\ntherein; provided, however, that in the latter event such refusal shall\nnot be ground for removal or eviction if such inspection or showing of\nthe accommodations is contrary to the provisions of the tenant's lease\nor other rental agreement.\n 2. No tenant shall be removed or evicted on grounds other than those\nstated in subdivision one of this section unless on application of the\nlandlord the commission shall issue an order granting a certificate of\neviction in accordance with its rules and regulations, designed to\neffectuate the purposes of this act, permitting the landlord to pursue\nhis remedies at law. The commission shall issue such an order whenever\nit finds that:\n (a) the landlord seeks in good faith to recover possession of a\nhousing accommodation because of immediate and compelling necessity for\nhis or her own personal use and occupancy as his or her primary\nresidence or for the use and occupancy of his or her immediate family as\ntheir primary residence; provided, however, this subdivision shall\npermit recovery of only one housing accommodation and shall not apply\nwhere a member of the household lawfully occupying the housing\naccommodation is sixty-two years of age or older, has been a tenant in a\nhousing accommodation in that building for fifteen years or more, or has\nan impairment which results from anatomical, physiological or\npsychological conditions, other than addiction to alcohol, gambling, or\nany controlled substance, which are demonstrable by medically acceptable\nclinical and laboratory diagnostic techniques, and which are expected to\nbe permanent and which prevent the tenant from engaging in any\nsubstantial gainful employment; provided, however, that a tenant\nrequired to surrender a housing accommodation under this paragraph shall\nhave a cause of action in any court of competent jurisdiction for\ndamages, declaratory, and injunctive relief against a landlord or\npurchaser of the premises who makes a fraudulent statement regarding a\nproposed use of the housing accommodation. In any action or proceeding\nbrought pursuant to this paragraph a prevailing tenant shall be entitled\nto recovery of actual damages, and reasonable attorneys' fees; or\n (b) the landlord seeks in good faith to recover possession of housing\naccommodations for which the tenant's lease or other rental agreement\nhas expired or otherwise terminated, and at the time of termination the\noccupants of the housing accommodations are subtenants or other persons\nwho occupied under a rental agreement with the tenant, and no part of\nthe accommodation is used by the tenant as his dwelling; or\n (c) the landlord seeks in good faith to recover possession of the\nhousing accommodations for the immediate purpose of substantially\naltering or remodeling them, provided that the landlord shall have\nsecured such approval therefor as is required by law and the commission\ndetermines that the issuance of the order granting the certificate of\neviction is not inconsistent with the purpose of this act; or\n (d) the landlord seeks in good faith to recover possession of the\nhousing accommodations for the immediate purpose of demolishing them and\nthe commission determines (i) that such demolition is to be used for the\npurpose of constructing new buildings or structures containing at least\ntwenty per centum more housing accommodations consisting of\nself-contained family units than are contained in the structure to be\ndemolished; provided, however, where as a result of conditions\ndetrimental to life or health of the tenants, violations have been\nplaced upon the structure containing the housing accommodations by the\nlocal authorities having jurisdiction over such matters and the cost of\nremoving such violations would substantially equal or exceed the\nassessed valuation of the structure, the new buildings or structures\nshall only be required to make provision for a greater number of housing\naccommodations consisting of self-contained family units than are\ncontained in the structure to be demolished; provided, further, that the\ncommission may by regulation impose as a condition to granting the\ncertificates of eviction that the landlord pay stipends to the tenants\nin such amounts as the commission may determine to be reasonably\nnecessary, which amounts may vary depending upon the size of the\ntenant's apartment and whether the tenant accepts relocation by the\nlandlord; or (ii) that such demolition is made for the purpose of\nconstructing new buildings or structures other than housing\naccommodations; provided, however, that within the city of New York the\ncommission may by regulation impose conditions (including but not\nlimited to suitable relocation and the payment of stipends) to granting\nthe certificates of eviction. No order granting the certificates of\neviction pursuant to this paragraph shall be issued unless the landlord\nshall have secured such approval therefor as is required by law and the\ncommission determines that the issuance of such order is not\ninconsistent with the purpose of this act.\n 3. The commission may from time to time to effectuate the purposes of\nthis act adopt, promulgate, amend or rescind such rules, regulations or\norders as it may deem necessary or proper for the control of evictions.\nIt may require that an order granting a certificate of eviction be\nobtained from it prior to the institution of any action or proceeding\nfor the recovery of possession of any housing accommodation subject to a\nmaximum rent under this act upon the grounds specified in subdivision\ntwo of this section or where it finds that the requested removal or\neviction is not inconsistent with the purposes of this act and would not\nbe likely to result in the circumvention or evasion thereof; provided,\nhowever, that no such order shall be required in any action or\nproceeding brought pursuant to the provisions of subdivision one of this\nsection.\n The commission on its own initiative or on application of a tenant may\nrevoke or cancel an order granting such certificate of eviction at any\ntime prior to the execution of a warrant in a summary proceeding to\nrecover possession of real property by a court whenever it finds that:\n (a) the certificate of eviction was obtained by fraud or illegality;\nor\n (b) the landlord's intentions or circumstances have so changed that\nthe premises, possession of which is sought, will not be used for the\npurpose specified in the certificate.\n The commencement of a proceeding by the commission to revoke or cancel\nan order granting a certificate of eviction shall stay such order until\nthe final determination of the proceeding regardless of whether the\nwaiting period in the order has already expired. In the event the\ncommission cancels or revokes such an order, the court having\njurisdiction of any summary proceeding instituted in such case shall\ntake appropriate action to dismiss the application for removal of the\ntenant from the real property and to vacate and annul any final order or\nwarrant granted or issued by the court in the matter.\n 4. Notwithstanding the preceding provisions of this section, the\nstate, any municipality, or housing authority may nevertheless recover\npossession of any housing accommodations operated by it where such\naction or proceeding is authorized by statute or regulations under which\nsuch accommodations are administered.\n 5. Any order of the commission under this section granting a\ncertificate of eviction shall be subject to judicial review only in the\nmanner prescribed by sections eight and nine.\n 6. Where after the commission has granted a certificate of eviction\ncertifying that the landlord may pursue his remedies pursuant to local\nlaw to acquire possession, and a tenant voluntarily removes from a\nhousing accommodation or has been removed therefrom by action or\nproceeding to evict from or recover possession of a housing\naccommodation upon the ground that the landlord seeks in good faith to\nrecover possession of such accommodations (1) for his immediate and\npersonal use, or for the immediate and personal use by a member or\nmembers of his immediate family, and such landlord or members of his\nimmediate family shall fail to occupy such accommodations within thirty\ndays after the tenant vacates, or such landlord shall lease or rent such\nspace or permit occupancy thereof by a third person within a period of\none year after such removal of the tenant, or (2) for the immediate\npurpose of withdrawing such housing accommodations from the rental\nmarket and such landlord shall lease or sell the housing accommodation\nor the space previously occupied thereby, or permit use thereof in a\nmanner other than contemplated in such eviction certificate within a\nperiod of one year after such removal of the tenant, or (3) for the\nimmediate purpose of altering or remodeling such housing accommodations,\nand the landlord shall fail to start the work of alteration or\nremodeling of such housing accommodations within ninety days after such\nremoval on the ground that he required possession of such accommodations\nfor the purpose of altering or remodeling the same, or if after having\ncommenced such work shall fail or neglect to prosecute the work with\nreasonable diligence, or (4) for the immediate purpose of demolishing\nsuch housing accommodations and constructing a new building or structure\nfor a greater number of housing accommodations in accordance with\napproved plans, or reasonable amendment thereof, and the landlord has\nfailed to complete the demolition within six months after the removal of\nthe last tenant or, having demolished the premises, has failed or\nneglected to proceed with the new construction within ninety days after\nthe completion of such demolition or (5) for some purpose other than\nthose specified above for which the removal of the tenant was sought and\nthe landlord has failed to use the vacated premises for such purpose,\nsuch landlord shall unless for good cause shown, be liable to the tenant\nfor three times the damages sustained on account of such removal plus\nreasonable attorney's fees and costs as determined by the court;\nprovided, however, that subparagraph (4) herein shall not apply to any\naction which does not constitute a violation of any local law providing\nfor penalties upon failure to demolish or comply with state rent control\neviction certificates. In addition to any other damage, the cost of\nremoval of property shall be a lawful measure of damage.\n 7. Any statutory tenant who vacates the housing accommodations,\nwithout giving the landlord at least thirty days' written notice by\nregistered or certified mail of his intention to vacate, shall be liable\nto the landlord for an amount not exceeding one month's rent, except\nwhere the tenant has been removed or vacates pursuant to the provisions\nof this section or of subdivision four of section ten of this act. Such\nnotice shall be postmarked on or before the last day of the rental\nperiod immediately prior to such thirty-day period.\n 8. Where after the commission has granted a certificate of eviction\nauthorizing the landlord to pursue his remedies pursuant to local law to\nacquire possession for any purpose stated in subdivision two of section\nfive or in subdivision four of section ten of this act or for some other\nstated purpose, and a tenant voluntarily removes from a housing\naccommodation or has been removed therefrom by action or proceeding to\nevict from or recover possession of a housing accommodation and the\nlandlord or any successor landlord of the premises does not use the\nhousing accommodation for the purpose specified in such certificate of\neviction, the vacated accommodation or any replacement or subdivision\nthereof shall, unless the commission approves such different purpose, be\ndeemed a housing accommodation subject to control, notwithstanding any\ndefinition of that term in this act to the contrary. Such approval shall\nbe granted whenever the commission finds that the failure or omission to\nuse the housing accommodation for the purpose specified in such\ncertificate was not inconsistent with the purposes of this act and would\nnot be likely to result in the circumvention or evasion thereof. The\nremedy herein provided for shall be in addition to those provided for in\nsubdivision one of section eleven of this act and to the tenant's action\nfor damages provided for in subdivision six of this section.\n