* § 216. Grounds for removal of tenants. 1. No landlord shall remove a
tenant from any housing accommodation covered by section two hundred
fourteen of this article, or attempt such removal or exclusion from
possession, notwithstanding that the tenant has no written lease or that
the lease or other rental agreement has expired or otherwise terminated,
except upon order of a court of competent jurisdiction entered in an
appropriate judicial action or proceeding in which the petitioner or
plaintiff has established one of the following grounds as good cause for
removal or eviction:

(a) (i) The tenant has failed to pay rent due and owing, provided
however that the rent due and owing, or any part thereof, did not result
from a rent increase which is unreasonable. In determining whether all
or part of the rent due and owing is the result of an unreasonable rent
increase, it shall be a rebuttable presumption that the rent for a
dwelling not protected by rent regulation is unreasonable if said rent
has been increased in any calendar year, after the effective date of
this article, or after the effective date of the local law in any
village, town, or city that enacts such local law to apply this article
to such village, town, or city pursuant to subdivision one of section
two hundred thirteen of this article, by an amount greater than the
local rent standard, provided further that no rent increase less than or
equal to the local rent standard shall be deemed unreasonable.

(ii) Whenever a court considers whether a rent increase is
unreasonable, the court may consider all relevant facts, including but
not limited to a landlord's costs for fuel and other utilities,
insurance, and maintenance; but in all cases, the court shall consider
the landlord's property tax expenses and any recent increases thereto;
such relevant facts also shall include whether the landlord, other than
in circumstances governed by paragraph (d) of this subdivision, seeks in
good faith to raise the rent upon a renewal lease to reflect completed
significant repairs to the housing accommodation, or to any other part
of the building or real property in which the housing accommodation is
located, provided that the landlord can establish that the repairs
constituted significant repairs and that such repairs did not result
from the landlord's failure to properly maintain the building or housing
accommodation, and provided further that for the purposes of this
subparagraph, "significantly repair" means the replacement or
substantial modification of any structural, electrical, plumbing, or
mechanical system that requires a permit from a governmental agency, or
abatement of hazardous materials, including lead-based paint, mold, or
asbestos in accordance with applicable federal, state, and local laws,
and provided further cosmetic improvements alone, including painting,
decorating, and minor repairs, do not qualify as significant repairs;

(b) The tenant is violating a substantial obligation of their tenancy
or breaching any of the landlord's rules and regulations governing said
premises, other than the obligation to surrender possession, and has
failed to cure such violation after written notice that the violation
cease within ten days of receipt of such written notice, provided
however, that the obligation of tenancy for which violation is claimed
was not imposed for the purpose of circumventing the intent of this
article and provided such rules or regulations are reasonable and have
been accepted in writing by the tenant or made a part of the lease at
the beginning of the lease term;

(c) The tenant is committing or permitting a nuisance in such housing
accommodation, or elsewhere in the building or on the real property in
which the housing accommodation is located, or is maliciously or by
reason of gross negligence substantially damaging the housing
accommodation, or causing substantial damage elsewhere in the building
or on the real property in which the housing accommodation is located;
or the tenant's conduct is such as to interfere with the comfort and
safety of the landlord or other tenants or occupants of the same or
another adjacent building or structure;

(d) Occupancy of the housing accommodation by the tenant is in
violation of or causes a violation of law and the landlord is subject to
civil or criminal penalties therefor; provided however that an agency of
the state or municipality having jurisdiction has issued an order
requiring the tenant to vacate the housing accommodation. No tenant
shall be removed from possession of a housing accommodation on such
ground unless the court finds that the cure of the violation of law
requires the removal of the tenant and that the landlord did not through
neglect or deliberate action or failure to act create the condition
necessitating the vacate order. In instances where the landlord does not
undertake to cure conditions of the housing accommodation causing such
violation of the law, the tenant shall have the right to pay or secure
payment in a manner satisfactory to the court, to cure such violation
provided that any tenant expenditures shall be applied against rent to
which the landlord is entitled. In instances where removal of a tenant
is absolutely essential to such tenant's health and safety, the removal
of the tenant shall be without prejudice to any leasehold interest or
other right of occupancy the tenant may have and the tenant shall be
entitled to resume possession at such time as the dangerous conditions
have been removed. Nothing herein shall abrogate or otherwise limit the
right of a tenant to bring an action for monetary damages against the
landlord or to otherwise compel compliance by the landlord with all
applicable state or municipal housing codes;

(e) The tenant is using or permitting the housing accommodation, or
elsewhere in the building or on the real property in which the housing
accommodation is located, to be used for an illegal purpose;

(f) The tenant has unreasonably refused the landlord access to the
housing accommodation for the purpose of making necessary repairs or
improvements required by law or for the purpose of showing the housing
accommodation to a prospective purchaser, mortgagee or other person
having a legitimate interest therein;

(g) The landlord seeks in good faith to recover possession of a
housing accommodation for the landlord's own personal use and occupancy
as the landlord's principal residence, or the personal use and occupancy
as principal residence of the landlord's spouse, domestic partner,
child, stepchild, parent, step-parent, sibling, grandparent, grandchild,
parent-in-law or sibling-in-law, when no other suitable housing
accommodation in such building is available, provided that no judgment
in favor of the landlord may be granted pursuant to this paragraph
unless the landlord establishes good faith to recover possession of a
housing accommodation for the landlord's own personal use and occupancy
as the landlord's principal residence, or the personal use and occupancy
as a principal residence of the landlord's spouse, domestic partner,
child, stepchild, parent, step-parent, sibling, grandparent, grandchild,
parent-in-law or sibling-in-law, by clear and convincing evidence. This
paragraph shall not apply to a housing accommodation occupied by a
tenant who is sixty-five years of age or older or who is a disabled
person;

(h) The landlord in good faith seeks to demolish the housing
accommodation, provided that no judgment in favor of the landlord may be
granted pursuant to this paragraph unless the landlord establishes good
faith to demolish the housing accommodation by clear and convincing
evidence;

(i) The landlord seeks in good faith to withdraw a housing
accommodation from the housing rental market, provided that no judgment
in favor of the landlord may be granted pursuant to this paragraph
unless the landlord establishes good faith to withdraw the housing
accommodation from the housing rental market by clear and convincing
evidence; or

(j) The tenant fails to agree to reasonable changes to a lease at
renewal, including increases in rent that are not unreasonable as
defined in paragraph (a) of this subdivision, as long as written notice
of the changes to the lease were provided to the tenant at least thirty
days, but no more than ninety days, prior to the expiration of the
current lease.

2. A tenant required to surrender a housing accommodation by virtue of
the operation of paragraph (g), (h), or (i) of subdivision one of this
section 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, removal from the rental housing market, or
demolition of the housing accommodation. In any action or proceeding
brought pursuant to this subdivision a prevailing tenant shall be
entitled to recovery of actual damages, and reasonable attorneys' fees.
Except as provided in this subdivision, nothing in this article shall
create a civil claim or cause of action by a tenant against a landlord.

3. Nothing in this section shall abrogate or limit the tenant's right
pursuant to section seven hundred fifty-one of the real property actions
and proceedings law to permanently stay the issuance or execution of a
warrant or eviction in a summary proceeding, whether characterized as a
nonpayment, objectionable tenancy, or holdover proceeding, the
underlying basis of which is the nonpayment of rent, so long as the
tenant complies with the procedural requirements of section seven
hundred fifty-one of the real property actions and proceedings law where
applicable.

* NB Repealed June 15, 2034