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

(2) No
certificate of eviction shall be issued under paragraph (1) of this subdivision
unless the applicant shall establish that he has complied with the requirements
of subdivisions (a) and (d) of this section;

(3) No certificate of eviction shall be
issued under paragraph (1) of this subdivision, except as provided in paragraph
(4) of this subdivision, unless the applicant shall also establish that the
cooperative corporation or association has complied with the following
requirements:

(i) On the date the cooperative
plan was first presented to the tenants, each tenant in occupancy of a
controlled housing accommodation in the premises was furnished with a copy of
the plan and notified in writing that he had the exclusive right for a period
of 60 days to purchase the stock allocated to his housing accommodation at the
specified price, and that the plan would not be declared effective, unless on
or before December 31, 1955 or within six months from the time the cooperative
plan was presented to such tenants, whichever date is later, stock in the
cooperative had been sold in good faith without fraud or duress, and with no
discriminatory repurchase agreement or other discriminatory inducement, to at
least 35 percent of the tenants in occupancy of controlled housing
accommodations at the time of the presentation of the plan. Housing
accommodations vacant on the date the plan is presented or subsequently
vacated, shall not be included in the computation of the 35 percent requirement
except when the vacant housing accommodation is purchased for personal
occupancy by a tenant of a controlled housing accommodation.