9 CRR-NY 2204.4NY-CRR
9 CRR-NY 2204.4
9 CRR-NY 2204.4
2204.4 Proceedings for eviction with certificate.
(a) No tenant who continues to pay the rent to which landlord is entitled shall be removed or evicted on grounds other than those stated in section 2204.2 of this Part, unless on application of the landlord (provided that where the housing accommodations are located in a structure or building owned by a two or more persons not constituting a cooperative corporation or association, the application shall be consented to by all the coowners), the administrator shall issue a certificate permitting the landlord to pursue his remedies at law at the expiration of the applicable waiting period specified in subdivision (b) of this section. The administrator shall issue an order granting a certificate if the removal or eviction meets the requirements of section 2204.5, 2204.6, 2204.7, 2204.8 or 2204.9 of this Part. The administrator may also issue orders granting certificates in other cases if the requested removal or eviction is not inconsistent with the purposes of the Rent Law or these regulations, and would not be likely to result in the circumvention or evasion thereof, and may impose such terms and conditions, including provisions for relocation and the payment of stipends to the tenants, as the administrator may determine to be necessary or appropriate.
(b)
(1) Certificates issued pursuant to these regulations shall authorize the landlord to commence proceedings to remove or evict the tenant after the expiration of the applicable waiting period hereinafter specified in this subdivision. Any waiting period prescribed or fixed pursuant to this subdivision shall commence upon the date of the issuance of the certificate by the administrator. Except as otherwise provided in paragraph (2) of this subdivision, the applicable waiting period shall be as follows:
(i) where relocation is not required, three months; or
(ii) where relocation is required, four months.
(2) In any case where the administrator determines to issue a certificate, and the tenant, because of the provisions of paragraph (e)(2) of this section, is not entitled to the benefit of the relocation requirements of paragraph (e)(1) of this section, the applicable waiting period with respect to such certificate shall be four months.
(3) Where the administrator finds (i) that suitable accommodations are available for renting into which the tenant can move without substantial hardship or loss, and (ii) that undue hardship would result to the landlord from delay in acquiring possession, the certificate may authorize the landlord to pursue his remedies for removal or eviction of the tenant at the expiration of a period shorter than the minimum waiting period which would otherwise be applicable under the foregoing provisions of this subdivision.
(c) No certificate (including any certificate of eviction issued by the State Rent Commission and enforceable on and after May 1, 1962 under the Rent Law) shall be used in connection with any action or proceeding to remove or evict a tenant, unless such removal or eviction is sought for the purpose specified in the certificate.
(d) In the event that 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 any such certificate mentioned in subdivision (c) of this section, such certificate shall thereupon be null and void. The landlord shall immediately notify the district rent administrator in writing and surrender the certificate for cancellation.
(e)
(1) Except as otherwise provided in paragraph (2) of ths subdivision, whenever compliance with the relocation requirements of this section is directed by or required pursuant to these regulations as a condition for the granting of a certificate of eviction, the landlord shall provide suitable relocation for the tenant.
(i) Where the landlord and tenant are unable to agree as to the suitability of a housing accommodation offered to a tenant for relocation, the administrator, in determining whether such offered accommodation is suitable, shall give due consideration to the following factors:
(a) the physical condition and facilities of the offered housing accommodation and the adequacy of neighborhood facilities. No accommodation shall be found to be suitable unless:
(1) it is located in an area reasonably accessible to the tenant's place of employment or business and generally not less desirable in regard to community and commercial facilities than the area in which the tenant then resides;
(2) the building containing such accommodation:
(i) is free from violations of law, recorded by a city agency having jurisdiction, which constitute fire hazards or conditions dangerous or detrimental to life or health or which affect the maintenance of essential services; and
(ii) has central heat and central hot water;
(3) such accommodation is decent, safe and sanitary and generally not less desirable than the housing accommodation then occupied by the tenant;
(4) such accommodation contains:
(i) kitchen facilities for the exclusive use of the tenant's family; and
(ii) a fully enclosed bathroom equipped with a washbasin, toilet facilities and a bathtub or shower; and
(5) such accommodation:
(i) has adequate light and ventilation, with a window in all rooms except where approved mechanical ventilation is a lawful substitute; and
(ii) contains adequate space for the occupants without overcrowding.
Notwithstanding the foregoing provisions of this clause where a tenant to be relocated is the sole occupant of a rooming house accommodation of a single-room occupancy accommodation, an accommodation in a licensed rooming house offered to such tenant may be deemed to be suitable, provided such rooming house accommodation meets the requirements of subclauses (1), (2), (3) and (5) of this clause; and
(b) the tenant's ability to pay the rent for the offered accommodation. No accommodation shall be found to be suitable unless the rent therefor is reasonably within the financial means of the tenant. In general, a gross annual rental for an offered accommodation shall be presumed to be reasonably with the tenant's financial means if such rental does not exceed the tenant's then rental, or 20 percent of the tenant's gross family income, whichever is higher; provided, however, that:
(1) where the tenant establishes that a gross annual rental below such 20-percent standard is in excess of his financial means, the administrator may determine that the offered accommodation is not suitable for the tenant unless, in addition to any stipend payable to the tenant pursuant to these regulations, the landlord pays to the tenant a sum equal to the amount by which the gross annual rental for the offered accommodation, over a period of two years, exceeds 125 percent of the gross annual rental, over a period of two years, for the tenant's then accommodations; and
(2) the administrator may determine that the offered accommodation is suitable, notwithstanding that the gross annual rental therefor is in excess of such 20-percent standard, if the administrator finds, after due consideration of the tenant's circumstances, that such rental is reasonably within the financial means of the tenant.
(ii) No housing accommodation shall be found to be suitable unless the administrator determines:
(a) that the building containing such accommodation is not located in an area which is being formally considered or has been approved as the site of a proposed public improvement or publicly assisted project, whether public or private, by any city agency authorized to make reports or recommendations or act with respect to the approval of such site for such purposes; or
(b) that such building, although located in such an area, will not be required, for the purpose of constructing or carrying out such improvement or project, to be demolished or to be altered or improved in such manner as to interfere with occupancy by the tenant.
(2) Notwithstanding any provision of paragraph (1) of this subdivision to the contrary, there shall be no relocation requirement where:
(i) the tenant is a single person under the age of 60 years who is the sole occupant of a rooming house accommodation or a single-room occupancy accommodation, and such occupancy has continued for less than six months prior to the date of the filing of the application for a certificate of eviction;
(ii) the tenant's housing accommodation is occupied by three persons or less and the maximum monthly rent therefor, as of January 1, 1961, was $200 or more; or
(iii) the tenant's housing accommodation is occupied by four persons or more and the maximum monthly rent therefor, as of January 1, 1961, was $250 or more.
(3) Whenever compliance with the stipend requirements of this section is directed by or required pursuant to these regulations, the landlord shall pay the applicable stipend hereinafter provided for in this paragraph to each tenant who moves or rents another accommodation after the date of the filing of the application, and prior to the withdrawal or final denial of such application, and such payment shall be made within five days from the date of the tenant's removal. The payment of such stipend shall be made on the basis of the following schedule:
(i) For other than rooming house tenants or single room occupants (except as provided in subparagraphs [iii] and [iv] of this paragraph):
| Number | Self-relocated | Landlord-relocated |
|---|---|---|
| 1 - 3 | $450 | $200 |
| 4 | $600 | $300 |
| 5 or more | $750 | $400 |
(ii) For rooming house tenants or single-room occupants (except as otherwise provided in subparagraph [v] of this paragraph):
| Self-relocated | Landlord-relocated | ||
|---|---|---|---|
| (a) | sole occupant under 60 years of age | $100 | $ 50 |
| (b) | sole occupant 60 years of age or over | $150 | $ 75 |
| (c) | family with no children under 16 years of age | $150 | $ 75 |
| (d) | family with one or more children under 16 years of age | $450 | $200 |
(iii) For three-person or less family units whose monthly rent as of January 1, 1961 was from $200 to $249.99, inclusive, the stipend is $300. No stipend is required to be paid where such rent was $250 per month or more.
(iv) For four-person or more family units whose monthly rent as of January 1, 1971 was from $250 to $299, inclusive, the stipend is $400. No stipend is required to be paid where such rent was $300 per month or more.
(v) Notwithstanding any provision in this section to the contrary, where a tenant under the age of 60 years is the sole occupant of a rooming house accommodation or of a single-room occupancy accommodation, and such occupancy has not continued for more than six months prior to the date of the filing of the application, he shall not be entitled to the payment of any stipend.
(vi) Tenants who, with or without landlord assistance, move into public housing or publicly aided housing are deemed to be self-relocated for the purpose of this paragraph.
(4) Where a housing accommodation is occupied by more than one tenant, the stipend required to be paid pursuant to paragraph (3) of this subdivision shall be paid to each tenant in proportion to the space personally occupied by him and members of his household.
(5) Where a housing accommodation is sublet, the stipend or stipends required to be paid pursuant to paragraph (3) of this subdivision shall be allocated between the prime tenant and the subtenants, on such basis as the administrator shall determine to be appropriate, with due regard for such factors as space personally occupied by the prime tenant and the subtenants and the duration of the unexpired term of the subtenants' tenancy.
(f) Whenever compliance with stipend requirements of this section is directed by or pursuant to these regulations, the landlord shall deposit in escrow with his attorney a sum of money sufficient to pay the prescribed stipend to:
(1) each tenant in the building or structure who is still in occupancy on the 10th day prior to the expiration of the applicable waiting period; and
(2) each tenant who had previously vacated after the application was filed by the landlord and who has not already received payment of the stipend.
The escrow deposit shall be conditioned upon the payment of the stipend within five days from demand for payment after the tenant's removal from the premises. Proof of payment of the applicable stipends and/or compliance with the requirements of the foregoing provisions of this subdivision shall be filed no later than five days before the expiration of the waiting period.
(g) No application for a certificate of eviction shall be granted under sections 2204.7, 2204.8 and 2204.9(a)(2) and (4) of this Part, unless the administrator determines, after a hearing, that:
(1) there is no reasonable possibility that the landlord can make a net annual return of 8½ percent of the assessed valuation of the subject property without recourse to the eviction sought; and
(2) neither the landlord nor immediate predecessor in interest has intentionally or willfully managed the property to impair the landlord's ability to earn such return.
(h) The effectiveness of any certificate of eviction or of any order granting a certificate of eviction pursuant to sections 2204.7, 2204.8 and 2204.9(a)(2) and (4) of this Part, shall be suspended, and no tenant may be evicted pursuant to such certificate or order, unless and until the requirements of subdivision (g) of this section have been complied with and the commissioner issues an order reinstating the effectiveness of any certificate of eviction or any order granting a certificate of eviction suspended by chapter 1022 of the Laws of 1974, as amended by chapter 360 of the Laws of 1975. The relief granted in this subdivision shall take effect notwithstanding the pendency of any judicial proceeding or appeal.
(i) The provisions of subdivisions (g) and (h) of this section shall not apply to an application under section 2204.7 or 2204.8 of this Part where the alteration, remodeling or construction of a new building is to be aided by interest reduction payments under section 236 of the National Housing Act.
(j) The provisions of this section shall apply to all certificates of eviction issued pursuant to these regulations, unless otherwise specified.
9 CRR-NY 2204.4
Current through September 15, 2021
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