N.Y. Comp. Codes R. & Regs. tit. 9 § 2204.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 2204.4 - Proceedings for eviction with certificate

(a) No tenant who continues to pay the rent to which landlord is entitled shall be removed or evicted on grounds other than those stated in section 2204.2 of this Part, unless on application of the landlord (provided that where the housing accommodations are located in a structure or building owned by a two or more persons not constituting a cooperative corporation or association, the application shall be consented to by all the coowners), the administrator shall issue a certificate permitting the landlord to pursue his remedies at law at the expiration of the applicable waiting period specified in subdivision (b) of this section. The administrator shall issue an order granting a certificate if the removal or eviction meets the requirements of section 2204.5, 2204.6, 2204.7, 2204.8 or 2204.9 of this Part. The administrator may also issue orders granting certificates in other cases if the requested removal or eviction is not inconsistent with the purposes of the Rent Law or these regulations, and would not be likely to result in the circumvention or evasion thereof, and may impose such terms and conditions, including provisions for relocation and the payment of stipends to the tenants, as the administrator may determine to be necessary or appropriate.

(b)

(1) Certificates issued pursuant to these regulations shall authorize the landlord to commence proceedings to remove or evict the tenant after the expiration of the applicable waiting period hereinafter specified in this subdivision. Any waiting period prescribed or fixed pursuant to this subdivision shall commence upon the date of the issuance of the certificate by the administrator. Except as otherwise provided in paragraph (2) of this subdivision, the applicable waiting period shall be as follows:

(i) where relocation is not required, three months; or

(ii) where relocation is required, four months.

(2) In any case where the administrator determines to issue a certificate, and the tenant, because of the provisions of paragraph (e)(2) of this section, is not entitled to the benefit of the relocation requirements of paragraph (e)(1) of this section, the applicable waiting period with respect to such certificate shall be four months.

(3) Where the administrator finds (i) that suitable accommodations are available for renting into which the tenant can move without substantial hardship or loss, and (ii) that undue hardship would result to the landlord from delay in acquiring possession, the certificate may authorize the landlord to pursue his remedies for removal or eviction of the tenant at the expiration of a period shorter than the minimum waiting period which would otherwise be applicable under the foregoing provisions of this subdivision.

(c) No certificate (including any certificate of eviction issued by the State Rent Commission and enforceable on and after May 1, 1962 under the Rent Law) shall be used in connection with any action or proceeding to remove or evict a tenant, unless such removal or eviction is sought for the purpose specified in the certificate.

(d) In the event that the landlord's intentions or circumstances have so changed that the premises, possession of which is sought, will not be used for the purpose specified in any such certificate mentioned in subdivision (c) of this section, such certificate shall thereupon be null and void. The landlord shall immediately notify the district rent administrator in writing and surrender the certificate for cancellation.

(e)

(1) Except as otherwise provided in paragraph (2) of this subdivision, whenever compliance with the relocation requirements of this section is directed by or required pursuant to these regulations as a condition for the granting of a certificate of eviction, the landlord shall provide suitable relocation for the tenant at the same or lower rent in a closely proximate area, or in a new residential building if constructed on the site, in which case suitable interim housing shall be provided at no additional cost to the tenant; plus in addition to reasonable moving expenses, payment of a $5,000 stipend, provided the tenant vacates on or before the vacate date required by the final order.

(i) In the event a comparable housing accommodation is offered by the owner, a tenant may file an objection with the DHCR challenging the suitability of a housing accommodation offered by the owner for relocation with 10 days after the owner identifies the housing accommodation and makes it available for the tenant to inspect and consider the suitability thereof. Within 30 days thereafter, the DHCR shall inspect the housing accommodation, on notice to both parties, in order to determine whether the offered housing accommodation is suitable. Such determination will be made by as promptly as practicable thereafter. In the event that the DHCR determines that the housing accommodation is not suitable, the tenant shall be offered another housing accommodation, and shall have 10 days after it is made available by the owner for the tenant's inspection to consider its suitability. In the event that the DHCR determines that the housing accommodation is suitable, the tenant shall have 15 days thereafter within which to accept the housing accommodation. A tenant who refuses to accept relocation to any housing accommodation determined by the DHCR to be suitable shall lose the right to relocation by the owner, and to receive payment of moving expenses or any stipend. 'Suitable housing accommodations' shall mean housing accommodations which are similar in size and features to the respective housing accommodations now occupied by the tenant. Such housing accommodations shall be freshly painted before the tenant takes occupancy and shall be provided with substantially the same essential services and equipment the tenants received in their prior housing accommodations. The building containing such housing accommodations shall be free from violations of law recorded by the City agency having jurisdiction, which constitute fire hazards or conditions dangerous or detrimental to life or health, or which affect the maintenance of essential services. The DHCR will consider housing accommodations proposed for relocation which are not presently subject to rent regulation, provided the owner submits a contractual agreement that places the tenant in a substantially similar housing accommodations at no additional rent for a period of six years, unless the tenant requests a shorter period in writing.

Notwithstanding the foregoing provisions of this clause where a tenant to be relocated is the sole occupant of a rooming house accommodation or a single-room occupancy accommodation, an accommodation in a licensed rooming house offered to such tenant may be deemed to be suitable, provided such rooming house accommodation meets the requirements detailed in this section ; and

(a) the tenant's ability to pay the rent for the offered accommodation. Where an owner provides relocation of a tenant to a suitable housing accommodation at a rent in excess of that for the subject housing accommodation, in addition to the tenant's reasonable moving expenses, the owner may be required to pay the tenant a stipend equal to the difference in rent, at the commencement of the occupancy by the tenant of the new housing accommodation, between the subject housing accommodation and the housing accommodation to which the tenant is relocated, multiplied by 72 months, provided the tenant vacates on or before the vacate date required by the final order.

(2) Notwithstanding any provision of paragraph (1) of this subdivision to the contrary, there shall be no relocation requirement where:

(i) the tenant is a single person under the age of 60 years who is the sole occupant of a rooming house accommodation or a single-room occupancy accommodation, and such occupancy has continued for less than six months prior to the date of the filing of the application for a certificate of eviction;

(ii) the tenant's housing accommodation is occupied by three persons or less and the maximum monthly rent therefor, as of January 1, 1961, was $200 or more; or

(iii) the tenant's housing accommodation is occupied by four persons or more and the maximum monthly rent therefor, as of January 1, 1961, was $ 250 or more.

(3) Whenever compliance with the stipend requirements of this section is directed by or required pursuant to these regulations, the landlord shall pay the applicable stipend hereinafter provided for in this paragraph to each tenant who moves or rents another accommodation after the date of the filing of the application, and prior to the withdrawal or final denial of such application, and such payment shall be made within five days from the date of the tenant's removal. The payment of such stipend shall be made on the basis of the following schedule:

(i) For other than rooming house tenants or single room occupants (except as provided in subparagraphs (iii) and (iv) of this paragraph): in addition to the tenant's moving expenses, pay the tenant a stipend which shall be the difference between the tenant's current rent and the average rent for vacant non-regulated apartments as set forth in the New York City Housing Vacancy Survey as of the date of the determination. This difference is to be multiplied by 72 months. The stipend shall be increased each year by the guideline adjustment as set forth by the New York City Rent Guidelines Board for a one year lease beginning the first year after the vacancy report is issued and continuing until a new vacancy report is issued.

(4) Where a housing accommodation is occupied by more than one tenant, the stipend required to be paid pursuant to paragraph (3) of this subdivision shall be paid to each tenant in proportion to the space personally occupied by him and members of his household.

(5) Where a housing accommodation is sublet, the stipend or stipends required to be paid pursuant to paragraph (3) of this subdivision shall be allocated between the prime tenant and the subtenants, on such basis as the administrator shall determine to be appropriate, with due regard for such factors as space personally occupied by the prime tenant and the subtenants and the duration of the unexpired term of the subtenants' tenancy.

(6) Wherever a stipend would result in the tenant losing a subsidy or other government benefit which is income dependent, the tenant may elect to waive the stipend and have the owner at his or her own expense, relocate the tenant to a suitable housing accommodation at the same or lower legal regulated rent in a closely proximate area.

(7) In the event that the tenant dies prior to the issuance by the DHCR of a final order granting the owner's application, the owner shall not be required to pay such stipend to the estate of the deceased tenant.

(f) Whenever compliance with stipend requirements of this section is directed by or pursuant to these regulations, the landlord shall deposit in escrow with his attorney a sum of money sufficient to pay the prescribed stipend to:

(1) each tenant in the building or structure who is still in occupancy on the 10th day prior to the expiration of the applicable waiting period; and

(2) each tenant who had previously vacated after the application was filed by the landlord and who has not already received payment of the stipend.

The escrow deposit shall be conditioned upon the payment of the stipend within five days from demand for payment after the tenant's removal from the premises. Proof of payment of the applicable stipends and/or compliance with the requirements of the foregoing provisions of this subdivision shall be filed no later than five days before the expiration of the waiting period.

(g) No application for a certificate of eviction shall be granted under sections 2204.7, 2204.8 and 2204.9(a)(2) and (4) of this Part, unless the administrator determines, after a hearing, that:

(1) there is no reasonable possibility that the landlord can make a net annual return of 8 1/2 percent of the assessed valuation of the subject property without recourse to the eviction sought; and

(2) neither the landlord nor immediate predecessor in interest has intentionally or willfully managed the property to impair the landlord's ability to earn such return.

(h) The effectiveness of any certificate of eviction or of any order granting a certificate of eviction pursuant to sections 2204.7, 2204.8 and 2204.9(a)(2) and (4) of this Part, shall be suspended, and no tenant may be evicted pursuant to such certificate or order, unless and until the requirements of subdivision (g) of this section have been complied with and the commissioner issues an order reinstating the effectiveness of any certificate of eviction or any order granting a certificate of eviction suspended by chapter 1022 of the Laws of 1974, as amended by chapter 360 of the Laws of 1975. The relief granted in this subdivision shall take effect notwithstanding the pendency of any judicial proceeding or appeal.

(i) The provisions of subdivisions (g) and (h) of this section shall not apply to an application under section 2204.7 or 2204.8 of this Part where the alteration, remodeling or construction of a new building is to be aided by interest reduction payments under section 236 of the National Housing Act.

(j) The provisions of this section shall apply to all certificates of eviction issued pursuant to these regulations, unless otherwise specified.

(k) Where the administrator's order granting the owner's application is conditioned upon the owner's compliance with specified terms and conditions, if such terms and conditions have not been complied with, or if DHCR determines that the owner has not proceeded in good faith, the order may be modified or revoked.

(l) Noncompliance by an owner with any term or condition of the administrator's order granting the owner's application may result in DHCR initiating its own enforcement proceeding. The DHCR shall retain jurisdiction for this purpose until all of the terms and conditions in the administrator's order granting the owner's application have been met and the project described in the owner's application has been completed. Subsequent owners shall be bound by the terms and conditions of DHCR's order. This clause shall not be deemed to eliminate any remedy or claim that a tenant of the dwelling unit may otherwise have against the owner nor eliminate any independent authority that DHCR may be able to exercise by law or regulation.

(m) An owner's failure to comply within a reasonable time with any term or condition of the administrator's order granting the owner's application or an owner's failure to complete the project described in the owner's application may be found to be a violation of the Administrative Code of the City of New York and the City Rent and Evictions Regulations and subject to any of the penalties and remedies described therein including but not limited to revocation of the administrator's order granting the owner's application and DHCR's continued jurisdiction under the Administrative Code of the City of New York over the building or any subsequent construction. Any remedies and penalties prescribed by this Code shall apply to and be binding against subsequent owners.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2204.4

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