N.Y. Comp. Codes R. & Regs. Tit. 9 § 2524.3 - Proceedings for eviction-wrongful acts of tenant
Without the approval of the DHCR, an action or proceeding
to recover possession of any housing accommodation may only be commenced after
service of the notice required by section
of this Part, upon one or
more of the following grounds, wherein wrongful acts of the tenant are
established as follows:2524.2
(a) The tenant
is violating a substantial obligation of his or her tenancy other than the
obligation to surrender possession of such housing accommodation, and has
failed to cure such violation after written notice by the owner that the
violations cease within 10 days; or the tenant has willfully violated such an
obligation inflicting serious and substantial injury upon the owner within the
three-month period immediately prior to the commencement of the proceeding. If
the written notice by the owner that the violations cease within 10 days is
served by mail, then five additional days, because of service by mail, shall be
added, for a total of 15 days, before an action or proceeding to recover
possession may be commenced after service of the notice required by section
of this Part.2524.2