N.Y. Comp. Codes R. & Regs. tit. 9 § 2204.9

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

Section 2204.9 - Withdrawal of occupied housing accommodations from rental market

(a) A certificate shall be issued where the landlord establishes that he seeks in good faith permanently to withdraw occupied housing accommodations from both the housing and nonhousing markets, without any intent to rent or sell all or any part of the land or structure, and:

(1) that he requires the entire structure containing the housing accommodations or the land for his own immediate use in connection with a business which, at the time of the filing of the application for a certificate of eviction, he owns and operates in the immediate vicinity of the property in question;

(2) that substantial violations which constitute fire hazards or conditions dangerous or detrimental to the life or health of the tenants have been filed against the structure containing the housing accommodations, by city agencies having jurisdiction over such matters, and that the cost of removing such violations would substantially equal or exceed the assessed valuation of the structure;

(3) where the landlord is a hospital, convent, asylum, public institution, college, school or any institution operated exclusively for charitable or educational purposes on a nonprofit basis, that the landlord requires the housing accommodations or the land, or any part thereof, for its own immediate use in connection with its charitable, religious or educational purposes, provided that no certificate shall be issued for purposes of withdrawing accommodations for the immediate and personal use and occupancy as housing accommodations by employees, students or members of its staff; or

(4) that the continued operation of the housing accommodations would impose other undue hardship upon the landlord.

(b) Where application is made pursuant to paragraphs (a)(1) and (3) of this section, an order granting a certificate of eviction may only be issued on condition that the landlord comply with the relocation and stipend requirements of section 2204.4 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2204.9