9 NYCRR § 2104.5 — Occupancy by landlord or immediate family (State Rent & Eviction Regs., via Cornell LII)

(2) The provisions of this subdivision shall
permit recovery of only one housing accommodation and shall not apply where a
tenant lawfully occupying the housing accommodation is 62 years of age or
older, has been a tenant in a housing accommodation in that building for
fifteen 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. A tenant required to surrender a housing
accommodation by virtue of the operation of subdivision 2(a) of section 8585 of
the Emergency Housing Rent Control law shall have a cause of action in any
court of competent jurisdiction for damages, declaratory, and injunctive relief
against a landlord or purchaser of the premises who makes a fraudulent
statement regarding a proposed use of the housing accommodation. In any action
or proceeding brought pursuant to this subdivision a prevailing tenant shall be
entitled to recovery of actual damages, and reasonable attorneys'
fees.