b) the housing accommodation is owned by a hospital, convent, monastery, asylum, public institution,
college, school dormitory or any institution operated exclusively for charitable or educational purposes on
a non-profit basis, and the institution requires the housing accommodation for its charitable or educational
purposes.
In addition, there are other grounds for refusing to continue a hotel tenancy. Such grounds require approval of the
DHCR. A permanent tenant must be served with a copy of the owner’s application and has a right to object. These
grounds include:
AO 87-2 Page 5 of 7
a) where the owner seeks in good faith to recover possession of the housing accommodations for the purpose
of demolishing them and constructing a new building, or for the purpose of substantial demolition of the
interior of the building or in order to make major alterations and perform substantial rehabilitation of the
building.
b) where the owner requires the housing accommodations or the land for his or her own use in connection
with a business which he or she owns and operates, or
c) where substantial violations constituting conditions detrimental to life or health have been filed against
the building, and the cost of removing such violations would equal or exceed the value of the building.
If the owner’s application is granted, the owner may bring an action or proceeding in Civil Court after sending
a 30 day notice to the permanent tenant, provided the permanent tenant’s lease, if any, has already expired.
Appendix
Some agencies which can provide assistance
New York State Division of Housing and Community Renewal (DHCR)