N.Y. Comp. Codes R. & Regs. tit. 9 § 2504.3

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

Section 2504.3 - Notices required in proceedings under sections 2504.2 and 2504.4(f) of this Part

(a) Except where the ground for removal or eviction of a tenant is nonpayment of rent, no tenant shall be removed or evicted from housing accommodations by court process and no action or proceeding shall be commenced for such purpose upon any of the grounds permitted in section 2504.2 of this Part unless and until the landlord shall have given written notice to the tenant and the division as hereinafter provided.

(b) Every notice to a tenant to vacate or surrender possession of housing accommodations shall state the ground under section 2504.2 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) Every such notice shall be served upon the tenant:

(1) in the case of a notice based upon section 2504.2(f) of this Part, at least 15 days prior to the date specified therein for the surrender of possession if the notice is served by mail, then five additional days, because of service by mail, shall be added; or

(2) in the case of a notice on any other ground pursuant to section 2504.2 of this Part, at least seven calendar days prior to the date specified therein for the surrender of possession; and, in any event, prior to the commencement of any proceeding for removal or eviction. Such notice may be combined with a notice to cure if required by section 2504.2 of this Part and, in such case, the seven-day period provided herein may, if the notice so provides, be included in the 10-day period specified in the notice to cure if the notice is served by mail, then five additional days, because of service by mail, shall be added; or

(3) in the case of a notice pursuant to section 2504.4(f) of this Part, at least 90 and not more than 120 days prior to the expiration of the lease term.

(d) All notices served pursuant to an application for demolition as set forth in subdivision (f) of section 2504.4 of this Part shall state:

(1) that the owner will not renew the tenant's lease because the owner has filed an application pursuant to section 2504.4(f) for permission to recover possession of all of the housing accommodations in the building for the purpose of demolishing them, for which plans and financing have been obtained as stated in the application;

(2) that while the application is pending, the tenant may remain in occupancy;

(3) that the tenant shall not be required to vacate until the division has issued a final order approving the application and setting forth the time for vacating, stipends and other relocation conditions; and

(4) that the tenant must be offered a prospective renewal lease if the application is withdrawn or denied.

(e) The provisions of this section shall not apply to eviction proceedings commenced by, on behalf of, a law enforcement agency pursuant to section 715 of the Real Property Actions and Proceedings Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2504.3

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