§ 711. Grounds where landlord-tenant relationship exists. A tenant
shall include an occupant of one or more rooms in a rooming house or a
resident, not including a transient occupant, of one or more rooms in a
hotel who has been in possession for thirty consecutive days or longer.
A tenant shall not include a squatter. For the purposes of this section,
a squatter is a person who enters onto or intrudes upon real property
without the permission of the person entitled to possession, and
continues to occupy the property without title, right or permission of
the owner or owner's agent or a person entitled to possession. In the
event of a conflict between the provisions regarding squatters of this
section and the provisions of subdivision three of section seven hundred
thirteen of this article, the provisions of section seven hundred
thirteen of this article shall be controlling. No tenant or lawful
occupant of a dwelling or housing accommodation shall be removed from
possession except in a special proceeding. A special proceeding may be
maintained under this article upon the following grounds:

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.

* 2. The tenant has defaulted in the payment of rent, pursuant to the
agreement under which the premises are held, and a written demand of the
rent has been made with at least fourteen days' notice requiring, in the
alternative, the payment of the rent, or the possession of the premises,
has been served upon the tenant as prescribed in section seven hundred
thirty-five of this article. The fourteen-day notice shall append or
contain the notice required pursuant to section two hundred thirty-one-c
of the real property law, which shall state the following: (i) if the
premises are or are not subject to article six-A of the real property
law, the "good cause eviction law", and if the premises are exempt, such
notice shall state why the premises are exempt from such law; (ii) if
the landlord is not renewing the lease for a unit subject to article
six-A of the real property law, the lawful basis for such non-renewal;
and (iii) if the landlord is increasing the rent upon an existing lease
of a unit subject to article six-A of the real property law above the
applicable local rent standard, as defined in subdivision eight of
section two hundred eleven of the real property law, the justification
for such increase. Any person succeeding to the landlord's interest in
the premises may proceed under this subdivision for rent due such
person's predecessor in interest if such person has a right thereto.
Where a tenant dies during the term of the lease and rent due has not
been paid and the apartment is occupied by a person with a claim to
possession, a proceeding may be commenced naming the occupants of the
apartment seeking a possessory judgment only as against the estate.
Entry of such a judgment shall be without prejudice to the possessory
claims of the occupants, and any warrant issued shall not be effective
as against the occupants.

* NB Effective until June 15, 2034

* 2. The tenant has defaulted in the payment of rent, pursuant to the
agreement under which the premises are held, and a written demand of the
rent has been made with at least fourteen days' notice requiring, in the
alternative, the payment of the rent, or the possession of the premises,
has been served upon him as prescribed in section seven hundred
thirty-five of this article. Any person succeeding to the landlord's
interest in the premises may proceed under this subdivision for rent due
his predecessor in interest if he has a right thereto. Where a tenant
dies during the term of the lease and rent due has not been paid and the
apartment is occupied by a person with a claim to possession, a
proceeding may be commenced naming the occupants of the apartment
seeking a possessory judgment only as against the estate. Entry of such
a judgment shall be without prejudice to the possessory claims of the
occupants, and any warrant issued shall not be effective as against the
occupants.

* NB Effective June 15, 2034

3. The tenant, in a city defaults in the payment, for sixty days after
the same shall be payable, of any taxes or assessments levied on the
premises which he has agreed in writing to pay pursuant to the agreement
under which the premises are held, and a demand for payment has been
made, or at least three days' notice in writing, requiring in the
alternative the payment thereof and of any interest and penalty thereon,
or the possession of the premises, has been served upon him, as
prescribed in section 735. An acceptance of any rent shall not be
construed as a waiver of the agreement to pay taxes or assessments.

4. The tenant, under a lease for a term of three years or less, has
during the term taken the benefit of an insolvency statute or has been
adjudicated a bankrupt.

5. The premises, or any part thereof, are used or occupied as a
bawdy-house, or house or place of assignation for lewd persons, or for
purposes of prostitution, or for any illegal trade or manufacture, or
other illegal business.

6. The tenant, in a city having a population of one million or more,
removes the batteries or otherwise disconnects or makes inoperable an
installed smoke or fire detector which the tenant has not requested be
moved from its location so as not to interfere with the reasonable use
of kitchen facilities provided that the court, upon complaint thereof,
has previously issued an order of violation of the provisions heretofore
stated and, subsequent to the thirtieth day after service of such order
upon the tenant, an official inspection report by the appropriate
department of housing preservation and development is presented, in
writing, indicating non-compliance herewith; provided further, that the
tenant shall have the additional ten day period to cure such violation
in accordance with the provisions of subdivision four of section seven
hundred fifty-three of this chapter.