§ 216 — Grounds for removal of tenants

* § 216. Grounds for removal of tenants. 1. No landlord shall remove a\ntenant from any housing accommodation covered by section two hundred\nfourteen of this article, or attempt such removal or exclusion from\npossession, notwithstanding that the tenant has no written lease or that\nthe lease or other rental agreement has expired or otherwise terminated,\nexcept upon order of a court of competent jurisdiction entered in an\nappropriate judicial action or proceeding in which the petitioner or\nplaintiff has established one of the following grounds as good cause for\nremoval or eviction:\n (a) (i) The tenant has failed to pay rent due and owing, provided\nhowever that the rent due and owing, or any part thereof, did not result\nfrom a rent increase which is unreasonable. In determining whether all\nor part of the rent due and owing is the result of an unreasonable rent\nincrease, it shall be a rebuttable presumption that the rent for a\ndwelling not protected by rent regulation is unreasonable if said rent\nhas been increased in any calendar year, after the effective date of\nthis article, or after the effective date of the local law in any\nvillage, town, or city that enacts such local law to apply this article\nto such village, town, or city pursuant to subdivision one of section\ntwo hundred thirteen of this article, by an amount greater than the\nlocal rent standard, provided further that no rent increase less than or\nequal to the local rent standard shall be deemed unreasonable.\n (ii) Whenever a court considers whether a rent increase is\nunreasonable, the court may consider all relevant facts, including but\nnot limited to a landlord's costs for fuel and other utilities,\ninsurance, and maintenance; but in all cases, the court shall consider\nthe landlord's property tax expenses and any recent increases thereto;\nsuch relevant facts also shall include whether the landlord, other than\nin circumstances governed by paragraph (d) of this subdivision, seeks in\ngood faith to raise the rent upon a renewal lease to reflect completed\nsignificant repairs to the housing accommodation, or to any other part\nof the building or real property in which the housing accommodation is\nlocated, provided that the landlord can establish that the repairs\nconstituted significant repairs and that such repairs did not result\nfrom the landlord's failure to properly maintain the building or housing\naccommodation, and provided further that for the purposes of this\nsubparagraph, "significantly repair" means the replacement or\nsubstantial modification of any structural, electrical, plumbing, or\nmechanical system that requires a permit from a governmental agency, or\nabatement of hazardous materials, including lead-based paint, mold, or\nasbestos in accordance with applicable federal, state, and local laws,\nand provided further cosmetic improvements alone, including painting,\ndecorating, and minor repairs, do not qualify as significant repairs;\n (b) The tenant is violating a substantial obligation of their tenancy\nor breaching any of the landlord's rules and regulations governing said\npremises, other than the obligation to surrender possession, and has\nfailed to cure such violation after written notice that the violation\ncease within ten days of receipt of such written notice, provided\nhowever, that the obligation of tenancy for which violation is claimed\nwas not imposed for the purpose of circumventing the intent of this\narticle and provided such rules or regulations are reasonable and have\nbeen accepted in writing by the tenant or made a part of the lease at\nthe beginning of the lease term;\n (c) The tenant is committing or permitting a nuisance in such housing\naccommodation, or elsewhere in the building or on the real property in\nwhich the housing accommodation is located, or is maliciously or by\nreason of gross negligence substantially damaging the housing\naccommodation, or causing substantial damage elsewhere in the building\nor on the real property in which the housing accommodation is located;\nor the tenant's conduct is such as to interfere with the comfort and\nsafety of the landlord or other tenants or occupants of the same or\nanother adjacent building or structure;\n (d) Occupancy of the housing accommodation by the tenant is in\nviolation of or causes a violation of law and the landlord is subject to\ncivil or criminal penalties therefor; provided however that an agency of\nthe state or municipality having jurisdiction has issued an order\nrequiring the tenant to vacate the housing accommodation. No tenant\nshall be removed from possession of a housing accommodation on such\nground unless the court finds that the cure of the violation of law\nrequires the removal of the tenant and that the landlord did not through\nneglect or deliberate action or failure to act create the condition\nnecessitating the vacate order. In instances where the landlord does not\nundertake to cure conditions of the housing accommodation causing such\nviolation of the law, the tenant shall have the right to pay or secure\npayment in a manner satisfactory to the court, to cure such violation\nprovided that any tenant expenditures shall be applied against rent to\nwhich the landlord is entitled. In instances where removal of a tenant\nis absolutely essential to such tenant's health and safety, the removal\nof the tenant shall be without prejudice to any leasehold interest or\nother right of occupancy the tenant may have and the tenant shall be\nentitled to resume possession at such time as the dangerous conditions\nhave been removed. Nothing herein shall abrogate or otherwise limit the\nright of a tenant to bring an action for monetary damages against the\nlandlord or to otherwise compel compliance by the landlord with all\napplicable state or municipal housing codes;\n (e) The tenant is using or permitting the housing accommodation, or\nelsewhere in the building or on the real property in which the housing\naccommodation is located, to be used for an illegal purpose;\n (f) The tenant has unreasonably refused the landlord access to the\nhousing accommodation for the purpose of making necessary repairs or\nimprovements required by law or for the purpose of showing the housing\naccommodation to a prospective purchaser, mortgagee or other person\nhaving a legitimate interest therein;\n (g) The landlord seeks in good faith to recover possession of a\nhousing accommodation for the landlord's own personal use and occupancy\nas the landlord's principal residence, or the personal use and occupancy\nas principal residence of the landlord's spouse, domestic partner,\nchild, stepchild, parent, step-parent, sibling, grandparent, grandchild,\nparent-in-law or sibling-in-law, when no other suitable housing\naccommodation in such building is available, provided that no judgment\nin favor of the landlord may be granted pursuant to this paragraph\nunless the landlord establishes good faith to recover possession of a\nhousing accommodation for the landlord's own personal use and occupancy\nas the landlord's principal residence, or the personal use and occupancy\nas a principal residence of the landlord's spouse, domestic partner,\nchild, stepchild, parent, step-parent, sibling, grandparent, grandchild,\nparent-in-law or sibling-in-law, by clear and convincing evidence. This\nparagraph shall not apply to a housing accommodation occupied by a\ntenant who is sixty-five years of age or older or who is a disabled\nperson;\n (h) The landlord in good faith seeks to demolish the housing\naccommodation, provided that no judgment in favor of the landlord may be\ngranted pursuant to this paragraph unless the landlord establishes good\nfaith to demolish the housing accommodation by clear and convincing\nevidence;\n (i) The landlord seeks in good faith to withdraw a housing\naccommodation from the housing rental market, provided that no judgment\nin favor of the landlord may be granted pursuant to this paragraph\nunless the landlord establishes good faith to withdraw the housing\naccommodation from the housing rental market by clear and convincing\nevidence; or\n (j) The tenant fails to agree to reasonable changes to a lease at\nrenewal, including increases in rent that are not unreasonable as\ndefined in paragraph (a) of this subdivision, as long as written notice\nof the changes to the lease were provided to the tenant at least thirty\ndays, but no more than ninety days, prior to the expiration of the\ncurrent lease.\n 2. A tenant required to surrender a housing accommodation by virtue of\nthe operation of paragraph (g), (h), or (i) of subdivision one of this\nsection shall have a cause of action in any court of competent\njurisdiction for damages, declaratory, and injunctive relief against a\nlandlord or purchaser of the premises who makes a fraudulent statement\nregarding a proposed use, removal from the rental housing market, or\ndemolition of the housing accommodation. In any action or proceeding\nbrought pursuant to this subdivision a prevailing tenant shall be\nentitled to recovery of actual damages, and reasonable attorneys' fees.\nExcept as provided in this subdivision, nothing in this article shall\ncreate a civil claim or cause of action by a tenant against a landlord.\n 3. Nothing in this section shall abrogate or limit the tenant's right\npursuant to section seven hundred fifty-one of the real property actions\nand proceedings law to permanently stay the issuance or execution of a\nwarrant or eviction in a summary proceeding, whether characterized as a\nnonpayment, objectionable tenancy, or holdover proceeding, the\nunderlying basis of which is the nonpayment of rent, so long as the\ntenant complies with the procedural requirements of section seven\nhundred fifty-one of the real property actions and proceedings law where\napplicable.\n * NB Repealed June 15, 2034\n