N.Y. Comp. Codes R. & Regs. tit. 9 § 2504.2

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

Section 2504.2 - Proceedings for eviction-wrongful acts of tenant

An action or proceeding to recover possession of any housing accommodation shall be maintainable after service and filing of the notice required by section 2504.3 of this Part only upon one or more of the following grounds wherein wrongful acts of the tenants are established:

(a) The tenant is violating a substantial obligation of his tenancy other than the obligation to surrender possession of such housing accommodation; or within the three-month period immediately prior to the commencement of the proceeding the tenant has willfully violated such an obligation inflicting serious and substantial injury to the landlord.

(b) The tenant is committing or permitting a nuisance in such housing accommodation or the building containing such housing accommodation; or is maliciously, or by reason of gross negligence, substantially damaging the housing accommodation; or the tenant engages in a persistent and continuing course of conduct evidencing an unwarrantable, unreasonable or unlawful use of the property to the annoyance, inconvenience, discomfort or damage of others, the primary purpose of which is intended to harass the owner or other tenants or occupants of the same or an adjacent building or structure by interfering substantially with their comfort or safety. The lawful exercise by a tenant of any rights pursuant to any law or regulation relating to occupancy of a housing accommodation, including the act or this Subchapter, shall not be deemed an act of harassment or other ground for eviction pursuant to this subdivision.

(c) Occupancy of the housing accommodation by the tenant is illegal because of the requirements of law, and the owner is subject to civil or criminal penalties therefor, or both, or such occupancy is in violation of contracts with governmental agencies.

(d) The tenant is using or permitting such housing accommodation to be used for an immoral or illegal purpose.

(e) The tenant has unreasonably refused the landlord access to the housing accommodations for the purpose of making necessary repairs or improvements required by law or for the purposes of inspection or of showing the accommodations to a prospective purchaser, mortgagee or prospective mortgagee, or other person having a legitimate interest therein; provided, however, that in the latter event such refusal shall not be ground for removal or eviction if such inspection or showing of the accommodations is contrary to the provisions of the tenant's lease or rental agreement.

(f) The tenant has failed or refused following notice pursuant to section 2503.5 of this Chapter to renew an expiring lease in the manner prescribed in such notice at the legal regulated rent authorized under this Chapter and the act.

(g) In the event of a sublet, an owner may terminate the tenancy of the tenant if the tenant is found to have violated the provisions of section 2505.7 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2504.2