State Codes and Statutes

Statutes > New-york > Rpa > Article-7 > 711

§  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;  he  shall not 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 demand  of  the  rent  has  been  made, or at least three days' notice in writing requiring, in  the alternative, the payment of the  rent,  or  the  possession  of  the  premises,  has  been  served  upon him as prescribed in section 735. The  landlord may waive his right to proceed upon  this  ground  only  by  an  express  consent  in  writing  to  permit  the  tenant  to  continue  in  possession, which consent shall be revocable at will, in which event the  landlord shall be deemed to have waived his right to summary  dispossess  for  nonpayment  of  rent  accruing during the time said consent remains  unrevoked.   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  no  representative  or  person  has taken possession of the premises and no administrator or  executor has been appointed, the proceeding may be commenced after three  months from the date of death of the tenant  by  joining  the  surviving  spouse  or if there is none, then one of the surviving issue or if there  is none, then any one of the distributees.    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  bemoved  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.

State Codes and Statutes

Statutes > New-york > Rpa > Article-7 > 711

§  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;  he  shall not 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 demand  of  the  rent  has  been  made, or at least three days' notice in writing requiring, in  the alternative, the payment of the  rent,  or  the  possession  of  the  premises,  has  been  served  upon him as prescribed in section 735. The  landlord may waive his right to proceed upon  this  ground  only  by  an  express  consent  in  writing  to  permit  the  tenant  to  continue  in  possession, which consent shall be revocable at will, in which event the  landlord shall be deemed to have waived his right to summary  dispossess  for  nonpayment  of  rent  accruing during the time said consent remains  unrevoked.   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  no  representative  or  person  has taken possession of the premises and no administrator or  executor has been appointed, the proceeding may be commenced after three  months from the date of death of the tenant  by  joining  the  surviving  spouse  or if there is none, then one of the surviving issue or if there  is none, then any one of the distributees.    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  bemoved  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-7 > 711

§  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;  he  shall not 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 demand  of  the  rent  has  been  made, or at least three days' notice in writing requiring, in  the alternative, the payment of the  rent,  or  the  possession  of  the  premises,  has  been  served  upon him as prescribed in section 735. The  landlord may waive his right to proceed upon  this  ground  only  by  an  express  consent  in  writing  to  permit  the  tenant  to  continue  in  possession, which consent shall be revocable at will, in which event the  landlord shall be deemed to have waived his right to summary  dispossess  for  nonpayment  of  rent  accruing during the time said consent remains  unrevoked.   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  no  representative  or  person  has taken possession of the premises and no administrator or  executor has been appointed, the proceeding may be commenced after three  months from the date of death of the tenant  by  joining  the  surviving  spouse  or if there is none, then one of the surviving issue or if there  is none, then any one of the distributees.    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  bemoved  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.