N.Y. Comp. Codes R. & Regs. tit. 9 § 2204.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 2204.3 - Notices required in proceedings under section 2204.2

(a) Except where the ground for removal or eviction of a tenant is nonpayment of rent, no tenant shall be removed or evicted from a housing accommodation by court process, and no action or proceeding shall be commenced for such purpose upon any of the grounds stated in section 2204.2 of this Part, unless and until the landlord shall have given written notice to the tenant and to the Division of Housing and Community Renewal, Office of Rent Administration, Gertz Plaza, 92-31 Union Hall Street, Jamaica, New York 11433 as hereinafter provided.

(b) Every such notice to a tenant to vacate or surrender possession of a housing accommodation shall state the ground under section 2204.2 of this Part upon which the landlord relies for removal or eviction of the tenant, the facts necessary to establish the existence of such ground, and the date when the tenant is required to surrender possession.

(c) Within 48 hours after the notice is served upon the tenant, an exact copy thereof, together with an affidavit of service, shall be filed with the Division of Housing and Community Renewal, Office of Rent Administration, Gertz Plaza, 92-31 Union Hall Street, Jamaica, New York 11433. In computing such 48-hour period, any intervening Saturday, Sunday or legal holiday shall be excluded.

(d) Every such notice shall be served upon the tenant within the period of time hereinafter set forth prior to the date specified therein for the surrender of possession, and prior to the commencement of any proceeding for removal or eviction:

(1) Where the notice specifies one or more of the grounds stated in paragraphs (a)(2)-(4) of section 2204.2 of this Part as the basis for such removal or eviction, not less than 10 days, unless the tenant is a weekly tenant in which case the notice required shall not be less than two days.

(2) Where the notice specifies one or more of the grounds stated in paragraphs (a)(1), (5) and (6) of section 2204.2 of this Part as the basis for such removal or eviction, not less than one month, unless the tenant is a weekly tenant in which case the notice required shall not be less than seven days.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2204.3

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023