§ 5. Evictions. 1. So long as the tenant continues to pay the rent to
which the landlord is entitled, no tenant shall be removed from any
housing accommodation with respect to which a maximum rent is in effect
pursuant to this act 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 notwithstanding the fact that
the tenant has no lease or that his lease, or other rental agreement has
expired or otherwise terminated, notwithstanding any contract, lease
agreement or obligation heretofore or hereafter entered into which
provides for surrender of possession, or which otherwise provides
contrary hereto, except on one or more of the following grounds, or
unless the landlord has obtained a certificate of eviction pursuant to
subdivision two of this section:

(a) the tenant is violating a substantial obligation of his tenancy
other than the obligation to surrender possession of such housing
accommodation and has failed to cure such violation after written notice
by the landlord that the violation cease within ten days, or within the
three month period immediately prior to the commencement of the
proceeding the tenant has wilfully violated such an obligation
inflicting serious and substantial injury to the landlord; or

(b) the tenant is committing or permitting a nuisance in such housing
accommodation; or is maliciously or by reason of gross negligence
substantially damaging the housing accommodations; or his conduct is
such as to interfere substantially with the comfort or safety of the
landlord or of other tenants or occupants of the same or other adjacent
building or structure; or

(c) occupancy of the housing accommodations by the tenant is illegal
because of the requirements of law, and the landlord is subject to civil
or criminal penalties therefor, or both; or

(d) the tenant is using or permitting such housing accommodation to be
used for an immoral or illegal purpose; or

(e) the tenant who had a written lease or other written rental
agreement which terminates on or after May first, nineteen hundred
fifty, has refused upon demand of the landlord to execute a written
extension or renewal thereof for a further term of like duration not in
excess of one year but otherwise on the same terms and conditions as the
previous lease except in so far as such terms and conditions are
inconsistent with this act; or

(f) the tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of making necessary repairs or
improvements required by law or for the purpose of inspection or of
showing the accommodations to a prospective purchaser, mortgagee or
prospective mortgagee, or other person having a legitimate interest
therein; provided, however, that in the latter event such refusal shall
not be ground for removal or eviction if such inspection or showing of
the accommodations is contrary to the provisions of the tenant's lease
or other rental agreement.

2. No tenant shall be removed or evicted on grounds other than those
stated in subdivision one of this section unless on application of the
landlord the commission shall issue an order granting a certificate of
eviction in accordance with its rules and regulations, designed to
effectuate the purposes of this act, permitting the landlord to pursue
his remedies at law. The commission shall issue such an order whenever
it finds that:

(a) the landlord seeks in good faith to recover possession of a
housing accommodation because of immediate and compelling necessity for
his or her own personal use and occupancy as his or her primary
residence or for the use and occupancy of his or her immediate family as
their primary residence; provided, however, this subdivision shall
permit recovery of only one housing accommodation and shall not apply
where a member of the household lawfully occupying the housing
accommodation is sixty-two years of age or older, has been a tenant in a
housing accommodation in that building for fifteen years or more, or has
an impairment which results from anatomical, physiological or
psychological conditions, other than addiction to alcohol, gambling, or
any controlled substance, which are demonstrable by medically acceptable
clinical and laboratory diagnostic techniques, and which are expected to
be permanent and which prevent the tenant from engaging in any
substantial gainful employment; provided, however, that a tenant
required to surrender a housing accommodation under this paragraph shall
have a cause of action in any court of competent jurisdiction for
damages, declaratory, and injunctive relief against a landlord or
purchaser of the premises who makes a fraudulent statement regarding a
proposed use of the housing accommodation. In any action or proceeding
brought pursuant to this paragraph a prevailing tenant shall be entitled
to recovery of actual damages, and reasonable attorneys' fees; or

(b) the landlord seeks in good faith to recover possession of housing
accommodations for which the tenant's lease or other rental agreement
has expired or otherwise terminated, and at the time of termination the
occupants of the housing accommodations are subtenants or other persons
who occupied under a rental agreement with the tenant, and no part of
the accommodation is used by the tenant as his dwelling; or

(c) the landlord seeks in good faith to recover possession of the
housing accommodations for the immediate purpose of substantially
altering or remodeling them, provided that the landlord shall have
secured such approval therefor as is required by law and the commission
determines that the issuance of the order granting the certificate of
eviction is not inconsistent with the purpose of this act; or

(d) the landlord seeks in good faith to recover possession of the
housing accommodations for the immediate purpose of demolishing them and
the commission determines (i) that such demolition is to be used for the
purpose of constructing new buildings or structures containing at least
twenty per centum more housing accommodations consisting of
self-contained family units than are contained in the structure to be
demolished; provided, however, where as a result of conditions
detrimental to life or health of the tenants, violations have been
placed upon the structure containing the housing accommodations by the
local authorities having jurisdiction over such matters and the cost of
removing such violations would substantially equal or exceed the
assessed valuation of the structure, the new buildings or structures
shall only be required to make provision for a greater number of housing
accommodations consisting of self-contained family units than are
contained in the structure to be demolished; provided, further, that the
commission may by regulation impose as a condition to granting the
certificates of eviction that the landlord pay stipends to the tenants
in such amounts as the commission may determine to be reasonably
necessary, which amounts may vary depending upon the size of the
tenant's apartment and whether the tenant accepts relocation by the
landlord; or (ii) that such demolition is made for the purpose of
constructing new buildings or structures other than housing
accommodations; provided, however, that within the city of New York the
commission may by regulation impose conditions (including but not
limited to suitable relocation and the payment of stipends) to granting
the certificates of eviction. No order granting the certificates of
eviction pursuant to this paragraph shall be issued unless the landlord
shall have secured such approval therefor as is required by law and the
commission determines that the issuance of such order is not
inconsistent with the purpose of this act.

3. The commission may from time to time to effectuate the purposes of
this act adopt, promulgate, amend or rescind such rules, regulations or
orders as it may deem necessary or proper for the control of evictions.
It may require that an order granting a certificate of eviction be
obtained from it prior to the institution of any action or proceeding
for the recovery of possession of any housing accommodation subject to a
maximum rent under this act upon the grounds specified in subdivision
two of this section or where it finds that the requested removal or
eviction is not inconsistent with the purposes of this act and would not
be likely to result in the circumvention or evasion thereof; provided,
however, that no such order shall be required in any action or
proceeding brought pursuant to the provisions of subdivision one of this
section.

The commission on its own initiative or on application of a tenant may
revoke or cancel an order granting such certificate of eviction at any
time prior to the execution of a warrant in a summary proceeding to
recover possession of real property by a court whenever it finds that:

(a) the certificate of eviction was obtained by fraud or illegality;
or

(b) the landlord's intentions or circumstances have so changed that
the premises, possession of which is sought, will not be used for the
purpose specified in the certificate.

The commencement of a proceeding by the commission to revoke or cancel
an order granting a certificate of eviction shall stay such order until
the final determination of the proceeding regardless of whether the
waiting period in the order has already expired. In the event the
commission cancels or revokes such an order, the court having
jurisdiction of any summary proceeding instituted in such case shall
take appropriate action to dismiss the application for removal of the
tenant from the real property and to vacate and annul any final order or
warrant granted or issued by the court in the matter.

4. Notwithstanding the preceding provisions of this section, the
state, any municipality, or housing authority may nevertheless recover
possession of any housing accommodations operated by it where such
action or proceeding is authorized by statute or regulations under which
such accommodations are administered.

5. Any order of the commission under this section granting a
certificate of eviction shall be subject to judicial review only in the
manner prescribed by sections eight and nine.

6. Where after the commission has granted a certificate of eviction
certifying that the landlord may pursue his remedies pursuant to local
law to acquire possession, and a tenant voluntarily removes from a
housing accommodation or has been removed therefrom by action or
proceeding to evict from or recover possession of a housing
accommodation upon the ground that the landlord seeks in good faith to
recover possession of such accommodations (1) for his immediate and
personal use, or for the immediate and personal use by a member or
members of his immediate family, and such landlord or members of his
immediate family shall fail to occupy such accommodations within thirty
days after the tenant vacates, or such landlord shall lease or rent such
space or permit occupancy thereof by a third person within a period of
one year after such removal of the tenant, or (2) for the immediate
purpose of withdrawing such housing accommodations from the rental
market and such landlord shall lease or sell the housing accommodation
or the space previously occupied thereby, or permit use thereof in a
manner other than contemplated in such eviction certificate within a
period of one year after such removal of the tenant, or (3) for the
immediate purpose of altering or remodeling such housing accommodations,
and the landlord shall fail to start the work of alteration or
remodeling of such housing accommodations within ninety days after such
removal on the ground that he required possession of such accommodations
for the purpose of altering or remodeling the same, or if after having
commenced such work shall fail or neglect to prosecute the work with
reasonable diligence, or (4) for the immediate purpose of demolishing
such housing accommodations and constructing a new building or structure
for a greater number of housing accommodations in accordance with
approved plans, or reasonable amendment thereof, and the landlord has
failed to complete the demolition within six months after the removal of
the last tenant or, having demolished the premises, has failed or
neglected to proceed with the new construction within ninety days after
the completion of such demolition or (5) for some purpose other than
those specified above for which the removal of the tenant was sought and
the landlord has failed to use the vacated premises for such purpose,
such landlord shall unless for good cause shown, be liable to the tenant
for three times the damages sustained on account of such removal plus
reasonable attorney's fees and costs as determined by the court;
provided, however, that subparagraph (4) herein shall not apply to any
action which does not constitute a violation of any local law providing
for penalties upon failure to demolish or comply with state rent control
eviction certificates. In addition to any other damage, the cost of
removal of property shall be a lawful measure of damage.

7. Any statutory tenant who vacates the housing accommodations,
without giving the landlord at least thirty days' written notice by
registered or certified mail of his intention to vacate, shall be liable
to the landlord for an amount not exceeding one month's rent, except
where the tenant has been removed or vacates pursuant to the provisions
of this section or of subdivision four of section ten of this act. Such
notice shall be postmarked on or before the last day of the rental
period immediately prior to such thirty-day period.

8. Where after the commission has granted a certificate of eviction
authorizing the landlord to pursue his remedies pursuant to local law to
acquire possession for any purpose stated in subdivision two of section
five or in subdivision four of section ten of this act or for some other
stated purpose, and a tenant voluntarily removes from a housing
accommodation or has been removed therefrom by action or proceeding to
evict from or recover possession of a housing accommodation and the
landlord or any successor landlord of the premises does not use the
housing accommodation for the purpose specified in such certificate of
eviction, the vacated accommodation or any replacement or subdivision
thereof shall, unless the commission approves such different purpose, be
deemed a housing accommodation subject to control, notwithstanding any
definition of that term in this act to the contrary. Such approval shall
be granted whenever the commission finds that the failure or omission to
use the housing accommodation for the purpose specified in such
certificate was not inconsistent with the purposes of this act and would
not be likely to result in the circumvention or evasion thereof. The
remedy herein provided for shall be in addition to those provided for in
subdivision one of section eleven of this act and to the tenant's action
for damages provided for in subdivision six of this section.