E. The landlord is not renewing the lease because the tenant has failed to pay rent due and
owing, and the rent due or owing, or any part thereof, did not result from a rent increase
which is unreasonable. A rent increase is presumptively unreasonable if the increase
from the prior rent is greater than the lower of:
(a) 5 percent plus the annual percentage change in the consumer price index for all
urban consumers for all items as published by the United States Bureau of Labor
Statistics for the region in which the housing accommodation is located, as
published not later than August 1st of each year by the Division of Housing and
Community Renewal; or
(b) 10 percent
(good cause for eviction under paragraph a of subdivision 1 of section 216 of the Real
Property Law);
F. The landlord is not renewing the lease because the tenant is violating a substantial
obligation of their tenancy or breaching any of the landlord's rules and regulations
governing the premises, other than the obligation to surrender possession of the
premises, and the tenant has failed to cure the violation after written notice that the
violation must cease within 10 days of receipt of the written notice. For this good cause to
apply, the obligation the tenant violated cannot be an obligation that was imposed for the
purpose of circumventing the intent of Article 6-A of the Real Property Law, known as the
New York State Good Cause Eviction Law. The landlord's rules or regulations that the
tenant has violated also must be reasonable and have been accepted in writing by the
tenant or made a part of the lease at the beginning of the lease term (good cause for
eviction under paragraph b of subdivision 1 of section 216 of the Real Property Law);