N.Y. Comp. Codes R. & Regs. tit. 9 § 2206.7

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

Section 2206.7 - Civil action by tenant where landlord fails to use certificate of eviction for purposes specified therein

Where after the administrator has granted a certificate of eviction authorizing the landlord to pursue his remedies pursuant to law to acquire possession, and a tenant voluntarily removes from a housing accommodation or has been removed therefrom by action or proceeding to evict from or recover possession of a housing accommodation upon the ground that the landlord seeks in good faith to recover possession:

(a) for his immediate and personal use, or for the immediate and personal use by a member or members of his immediate family, and such landlord or members of his immediate family shall fail to occupy such accommodation within 30 days after the tenant vacates;

(b) for the immediate purpose of withdrawing such housing accommodation from the rental market, and such landlord shall lease or sell the housing accommodation or the space previously occupied thereby, or permit use thereof in a manner other than contemplated in such eviction certificate within a period of one year after such removal of the tenant;

(c) for the immediate purpose of altering or remodeling such housing accommodation, and the landlord (who required possession for the purpose of effecting such alteration or remodeling) shall fail to start the work of alteration or remodeling of such housing accommodation within 90 days after the removal of the last tenant whose removal is necessary to enable the landlord to effect such alteration or remodeling of such accommodation or, if after having commenced such work, shall fail or neglect to prosecute the work with reasonable diligence;

(d) for the immediate purpose of demolishing such housing accommodations and constructing a new building in accordance with approved plans, or reasonable amendment thereof, and the landlord has failed to complete the demolition within six months after the removal of the last tenant or, having demolished the premises, has failed or neglected to proceed with the new construction within 90 days after the completion of such demolition or, having commenced such construction work, has failed or neglected to prosecute such work with reasonable diligence; or

(e) for some purpose other than those specified above for which the removal of the tenant was sought and the landlord has filed to use the vacated premises for such purposes: the tenant required to surrender a housing accommodation for the reasons set forth in this section shall have a cause of action in any court of competent jurisdiction for damages, declaratory, and injunctive relief against the landlord; such landlord shall, unless for good cause shown, be liable to the tenant for three times the damages sustained on account of such removal, plus reasonable attorney's fees and costs as determined by the court, provided the tenant commences such action within three years from the expiration of the applicable time period as set forth in this section. The damages sustained by the tenant under this section shall be the difference between the rent paid for the housing accommodation from which the tenant was evicted and the rental value of a comparable housing accommodation on the open market. In addition to any other damage, the cost of removal of the tenant's property shall be a lawful measure of damages. The remedy herein provided for shall be in addition to those provided for in any other section of these regulations. Such acts and omissions on the part of a landlord after issuance of a certificate of eviction are hereby declared to be inconsistent with the purposes for which such certificate of eviction was issued.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2206.7

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