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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 2524

Citation
Section 2524
Parent Document
2312-2316 Realty Corp. v. Font, 140 Misc. 2d 901 (1988)
Jurisdiction
New York (state)
Effective Date
1988-07-19

Full Text

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Section 2524.1 (a) of the Rent Stabilization Code (RSC) states: "(a) As long as the tenant continues to pay the rent to which the owner is entitled, no tenant shall be denied a renewal lease or be removed from any housing accommodation by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, except on one or more of the grounds specified in this Code.” Note that this section does not discuss merely termination of a tenancy, but "action to evict or to recover possession,” and "removal or exclusion from possession.” Thus, even a proceeding which is not nominally a "holdover” proceeding, but merely an eviction proceeding, is included in the proscription of RSC § 2524.1 (a). The RSC indeed has a parallel to RPAPL 711 (5). RSC § 2524.3 (d) provides, as a ground for eviction: "(d) The tenant is using or permitting such housing accommodation to be used for immoral or illegal purpose.”