N.Y. Comp. Codes R. & Regs. tit. 9 § 2104.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2104.1 - Restrictions on removal of tenant, including hotel tenants

L. 1964, ch. 244

(a) So long as the tenant continues to pay the rent to which the landlord is entitled, no tenant shall be removed from any housing accommodations by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, notwithstanding that such tenant has no lease or that his lease, or other rental agreement has expired or otherwise terminated, notwithstanding any contract, lease agreement or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except on one or more of the grounds specified in section 2104.2, infra, or unless the landlord has obtained a certificate of eviction as hereinafter provided.

(b) It shall be unlawful for any person to remove or attempt to remove any tenant or occupant from any housing accommodations or to refuse to renew the lease or agreement for the use of such accommodations, because such tenant or occupant has taken, or proposes to take, action authorized or required by the Act or any regulation, order or requirement thereunder.

(c)

(1) No tenant of any housing accommodation shall be removed or evicted unless and until such removal or eviction has been authorized by a court of competent jurisdiction.

(2) Except as hereinafter provided this subdivision shall not apply where the removal or eviction is for nonpayment of rent and involves a tenant of a hotel or rooming house who occupies his accommodations on a daily or weekly basis, provided the landlord shall give written notice thereof to the tenant at least three days prior to the date specified therein for the surrender of possession and prior to any action for removal or eviction. In computing the three-day period, the day of service and any intervening Sunday shall be excluded. Every such notice shall include therein a statement of the rent due and the rental period or periods for which said rent is due. An exact copy of every such notice together with an affidavit of service shall be filed with the local rent office within 48 hours after such notice is given to the tenant. Should the tenant tender the rent due within the three-day period, the landlord may not remove or evict the tenant.

(d) Any statutory tenant who vacates the housing accommodations, without giving the landlord at least 30 days' written notice by registered or certified mail of his intention to vacate, shall be liable to the landlord for an amount not exceeding one month's rent, except where the tenant has been removed or vacates pursuant to the provisions of Part 2104 of this Subchapter. Such notice shall be postmarked on or before the last day of the rental period immediately prior to such 30-day period.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2104.1