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New York Rent Laws
EHRCL Table of Contents
The Emergency Housing Rent Control Law of 1961 [EHRCL]
Section 5. EVICTIONS.
1. So long as the tenant continues to pay the rent to which the
landlord is entitled, no tenant shall be removed from any
housing accommodation with respect to which a maximum rent
is in effect pursuant to this act by action to evict or to
recover possession, by exclusion from possession, or
otherwise, nor shall any person attempt such removal or
exclusion from possession notwithstanding the fact that the
tenant has no lease or that his lease, or other rental
agreement has expired or otherwise terminated,
notwithstanding any contract, lease agreement or obligation
heretofore or hereafter entered into which provides for
surrender of possession, or which otherwise provides
contrary hereto, except on one or more of the following
grounds, or unless the landlord has obtained a certificate
of eviction pursuant to subdivision two of this section:
(a) the tenant is violating a substantial obligation of his
tenancy other than the obligation to surrender
possession of such housing accommodation and has failed
to cure such violation after written notice by the
landlord that the violation cease within ten days, 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; or
(b) the tenant is committing or permitting a nuisance in
such housing accommodation; or is maliciously or by
reason of gross negligence substantially damaging the
housing accommodations; or his conduct is such as to
interfere substantially with the comfort or safety of
the landlord or of other tenants or occupants of the
same or other adjacent building or structure; or
(c) occupancy of the housing accommodations by the tenant
is illegal because of the requirements of law, and the
landlord is subject to civil or criminal penalties
therefor, or both; or
(d) the tenant is using or permitting such housing
accommodation to be used for an immoral or illegal
purpose; or
(e) the tenant who had a written lease or other written
rental agreement which terminates on or after may
first, nineteen hundred fifty, has refused upon demand
of the landlord to execute a written extension or
renewal thereof for a further term of like duration not
in excess of one year but otherwise on the same terms
and conditions as the previous lease except in so far
as such terms and conditions are inconsistent with this
act; or
(f) 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 purpose 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 other rental agreement.
2. No tenant shall be removed or evicted on grounds other than
those stated in subdivision one of this section unless on
application of the landlord the commission shall issue an
order granting a certificate of eviction in accordance with
its rules and regulations, designed to effectuate the
purposes of this act, permitting the landlord to pursue his
remedies at law. The commission shall issue such an order
whenever it finds that:
(a) the landlord seeks in good faith to recover possession
of housing accommodations because of immediate and
compelling necessity for his own personal use and
occupancy or for the use and occupancy of his immediate
family; provided, however, this subdivision shall not
apply where a member of the household lawfully
occupying the housing accommodation is sixty-two years
of age or older, has been a tenant in a housing
accommodation in that building for twenty years or
more, or has an impairment which results from
anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any
controlled substance, which are demonstrable by
medically acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and
which prevent the tenant from engaging in any
substantial gainful employment; or
(b) the landlord seeks in good faith to recover possession
of housing accommodations for which the tenant's lease
or other rental agreement has expired or otherwise
terminated, and at the time of termination the
occupants of the housing accommodations are subtenants
or other persons who occupied under a rental agreement
with the tenant, and no part of the accommodation is
used by the tenant as his dwelling; or
(c) the landlord seeks in good faith to recover possession
of the housing accommodations for the immediate purpose
of substantially altering or remodeling them, provided
that the landlord shall have secured such approval
therefor as is required by law and the commission
determines that the issuance of the order granting the
certificate of eviction is not inconsistent with the
purpose of this act; or
(d) the landlord seeks in good faith to recover possession
of the housing accommodations for the immediate purpose
of demolishing them and the commission determines (i)
that such demolition is to be used for the purpose of
constructing new buildings or structures containing at
least twenty percentum more housing accommodations
consisting of self-contained family units than are
contained in the structure to be demolished; provided,
however, where as a result of conditions detrimental to
life or health of the tenants, violations have been
placed upon the structure containing the housing
accommodations by the local authorities having
jurisdiction over such matters and the cost of removing
such violations would substantially equal or exceed the
assessed valuation of the structure, the new buildings
or structures shall only be required to make provision
for a greater number of housing accommodations
consisting of self-contained family units than are
contained in the structure to be demolished; provided,
further, that the commission may by regulation impose
as a condition to granting the certificates of eviction
that the landlord pay stipends to the tenants in such
amounts as the commission may determine to be
reasonably necessary, which amounts may vary depending
upon the size of the tenant's apartment and whether the
tenant accepts relocation by the landlord; or (ii) that
such demolition is made for the purpose of constructing
new buildings or structures other than housing
accommodations; provided, however, that within the city
of New York the commission may by regulation impose
conditions (including but not limited to suitable
relocation and the payment of stipends) to granting the
certificates of eviction. No order granting the
certificates of eviction pursuant to this paragraph
shall be issued unless the landlord shall have secured
such approval therefor as is required by law and the
commission determines that the issuance of such order
is not inconsistent with the purpose of this act.
3. The commission may from time to time to effectuate the
purposes of this act adopt, promulgate, amend or rescind
such rules. regulations or orders as it may deem necessary
or proper for the control of evictions. It may require that
an order granting a certificate of eviction be obtained from
it prior to the institution of any action or proceeding for
the recovery of possession of any housing accommodation
subject to a maximum rent under this act upon the grounds
specified in subdivision two of this section or where it
finds that the requested removal or eviction is not
inconsistent with the purposes of this act and would not be
likely to result in the circumvention or evasion thereof;
provided, however, that no such order shall be required in
any action or proceeding brought pursuant to the provisions
of subdivision one of this section.
The commission on its own initiative or on application of a
tenant may revoke or cancel an order granting such
certificate of eviction at any time prior to the execution
of a warrant in a summary proceeding to recover possession
of real property by a court whenever it finds that:
(a) the certificate of eviction was obtained by fraud or
illegality; or
(b) 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
the certificate.
The commencement of a proceeding by the commission to revoke
or cancel an order granting a certificate of eviction shall
stay such order until the final determination of the
proceeding regardless of whether the waiting period in the
order has already expired. In the event the commission
cancels or revokes such an order, the court having
jurisdiction of any summary proceeding instituted in such
case shall take appropriate action to dismiss the
application for removal of the tenant from the real property
and to vacate and annul any final order or warrant granted
or issued by the court in the matter.
4. Notwithstanding the preceding provisions of this section,
the state, any municipality, or housing authority may
nevertheless recover possession of any housing
accommodations operated by it where such action or
proceeding is authorized by statute or regulations under
which such accommodations are administered.
5. Any order of the commission under this section granting a
certificate of eviction shall be subject to judicial review
only in the manner prescribed by sections eight and nine.
6. Where after the commission has granted a certificate of
eviction certifying that the landlord may pursue his
remedies pursuant to local 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 of such accommodations (1) 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
accommodations within thirty days after the tenant vacates,
or such landlord shall lease or rent such space or permit
occupancy thereof by a third person within a period of one
year after such removal of the tenant, or (2) for the
immediate purpose of withdrawing such housing accommodations
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, or (3) for the
immediate purpose of altering or remodeling such housing
accommodations, and the landlord shall fail to start the
work of alteration or remodeling of such housing
accommodations within ninety days after such removal on the
ground that he required possession of such accommodations
for the purpose of altering or remodeling the same, or if
after having commenced such work shall fail or neglect to
prosecute the work with reasonable diligence, or (4) for the
immediate purpose of demolishing such housing accommodations
and constructing a new building or structure for a greater
number of housing accommodations 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 ninety days after the completion of such
demolition or (5) for some purpose other than those
specified above for which the removal of the tenant was
sought and the landlord has failed to use the vacated
premises for such purpose, 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, however, that subparagraph (4) herein shall
not apply to any action which does not constitute a
violation of any local law providing for penalties upon
failure to demolish or comply with state rent control
eviction certificates. In addition to any other damage, the
cost of removal of property shall be a lawful measure of
damage.
7. Any statutory tenant who vacates the housing accommodations,
without giving the landlord at least thirty days` written
notice by registered or certified mail of his intention to
vacate, shall be liable to the landlord for an amount not
exceeding one month's rent, except where the tenant has been
removed or vacates pursuant to the provisions of this
section or of subdivision four of section ten of this act.
Such notice shall be postmarked on or before the last day of
the rental period immediately prior to such thirty-day
period.
8. Where after the commission has granted a certificate of
eviction authorizing the landlord to pursue his remedies
pursuant to local law to acquire possession for any purpose
stated in subdivision two of section five or in subdivision
four of section ten of this act or for some other stated
purpose, 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 and the landlord or any successor landlord of
the premises does not use the housing accommodation for the
purpose specified in such certificate of eviction, the
vacated accommodation or any replacement or subdivision
thereof shall, unless the commission approves such different
purpose, be deemed a housing accommodation subject to
control, notwithstanding any definition of that term in this
act to the contrary. Such approval shall be granted whenever
the commission finds that the failure or omission to use the
housing accommodation for the purpose specified in such
certificate was not inconsistent with the purpose of this
act and would not be likely to result in the circumvention
or evasion thereof. The remedy herein provided for shall be
in addition to those provided for in subdivision one of
section eleven of this act and to the tenant's action for
damages provided for in subdivision six of this section.
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