A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-32 (01/2024)
FACT SHEET #32: EVICTION PAGE 3 OF 3
Example – primary residence This fact sheet contains a basic overview and
summary of this topic. For detailed information,
The owner, Mr. Smith, believes the tenant, Mr. please reference the sources cited below.
Jones, is not using his apartment as his primary
residence. The owner must notify the tenant in
writing that a lease renewal offer will not be made
and this termination notice must be served at
least 90 and not more than 150 days prior to the
expiration of the lease. The owner must also give
a 30 day notice to the tenant of his intention to
commence a court action. The two notices can be
combined.
As long as Mr. Smith served these notices during
the proper time periods, he can proceed to take
Mr. Jones to court to seek eviction as DHCR has
no authority to intervene. Any objection a tenant
may have to the adequacy of the notice of non-
renewal or to the validity of the owner’s claim can
only be asserted in court.
• The rent regulations also identify grounds for
refusal to renew a lease and for the eviction of
a tenant which first require DHCR’s approval.
Some of these grounds are:
o withdrawal from the rental market
o demolition (See Fact Sheet #11)
o the elimination of unsafe housing to
either rehabilitate or demolish it pursuant
to state or federal laws.
SOURCES
Tenant Protection Regulations
New York City Rent Stabilization Code
New York City Rent and Eviction Regulations
New York State Rent and Eviction Regulations