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NYS DHCR Advisory Opinion #87-2

Citation
NYS DHCR Advisory Opinion #87-2
Jurisdiction
New York (state)
Source verification
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Full Text

1,794 chars
(a) Non-payment of rent or other charges;
(b) Violating a substantial obligation of the tenancy;
(c) Committing or permitting a nuisance, or harassing the owner or other tenants;
(d) Illegally using or occupying the housing accommodation;
(e) Unlawfully refusing the owner access;
(f) Refusing to vacate the housing accommodation after at least 20 days’ written notice, and to move to a
substantially similar housing accommodation in the same building at the same legal regulated rent, in order
to permit the owner to reconstruct, renovate or improve the vacated housing accommodation pursuant to
the owner’s lawful plan to reconstruct, renovate or improve said housing accommodation in the hotel or
rooming house in which it is located. The owner must move the permanent tenant’s belongings to the
other housing accommodation. The permanent tenant who has been so required to move shall be afforded
the right to reoccupy the reconstructed, renovated or improved housing accommodation at the same legal
regulated rent, unless such rent is otherwise provided for pursuant to the Private Housing Finance Law,
the Housing New York Program Act, or the U.S. Housing Act of 1937.

Permanent tenants are cautioned that causing violations of health, safety or sanitation standards of the
applicable laws, ordinances, and regulations, or permitting such violations by a member of their family or
household, or by a guest, may be the basis for an eviction action or proceeding by the owner.

An owner may refuse to continue a hotel tenancy on the following grounds, and commence an eviction
action or proceeding in Civil Court without prior order of the DHCR:

a) the owner seeks the housing accommodation in good faith for personal use or for the personal use of
members of the owner’s immediate family.