1. The tenant continues in possession of any portion of the premises
after the expiration of his term, without the permission of the landlord
or, in a case where a new lessee is entitled to possession, without the
permission of the new lessee. Acceptance of rent after commencement of
the special proceeding upon this ground shall not terminate such
proceeding nor effect any award of possession to the landlord or to the
new lessee, as the case may be. A proceeding seeking to recover
possession of real property by reason of the termination of the term
fixed in the lease pursuant to a provision contained therein giving the
landlord the right to terminate the time fixed for occupancy under such
agreement if he deem the tenant objectionable, shall not be maintainable
unless the landlord shall by competent evidence establish to the
satisfaction of the court that the tenant is objectionable.