N.Y. Comp. Codes R. & Regs. Tit. 9 § 2104.2 - Proceedings for eviction without certificate
An action or proceeding to recover possession of any
housing accommodation shall be maintainable after service and filing of the
notice required by section
, infra, only upon one or
more of the following grounds:2104.3
(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 demand by the landlord that the violation
cease within 10 days; or within the three-month period immediately prior to the
commencement of the proceeding the tenant has wilfully violated such an
obligation inflicting serious and substantial injury to the landlord. 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.2104.3
(b) The tenant is committing or permitting a
nuisance in such housing accommodations; 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.
(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.
(d) The tenant
is using or permitting such housing accommodation to be used for an immoral or
illegal purpose.