§ 21-23 Rights of Tenants.
RCNY § 21-23
(a)Tenancy. All Tenants of a building in DAMP shall be month-to-month Tenants.
(b)Continuation of Tenancy. As long as a Tenant continues to pay the rent, in accordance with 28 RCNY § 21-24(b), his/her month-to-month tenancy shall be renewed, unless the DAMP Lessee asserts grounds for termination or non-renewal under these Rules.
(c)Eviction Proceedings (Failure to Pay Rent). A DAMP Lessee may commence eviction proceedings when a Tenant has failed to pay the rent due in accordance with 28 RCNY § 21-24(b). If the DAMP Lessee has any reason to know that the Tenant's rent has ever been paid by DSS, then the DAMP Lessee must ascertain the Tenant's public assistance status from HPD prior to instituting non-payment proceedings.
(d)Eviction Proceedings (Termination of Tenancy). Without the approval of HPD, the DAMP Lessee may refuse to renew a Tenant's lease or may commence an action or proceeding to recover possession of any housing accommodation upon one or more of the following grounds: (1) The Tenant, other Occupant or Guest is violating a substantial obligation of the Tenant's tenancy.
(2)The Tenant, Occupant or Guest is committing or permitting a nuisance in such housing accommodation or the building containing such housing accommodation.
(3)Occupancy of the housing accommodation by the Tenant is illegal because of the requirements of law, or such occupancy is in violation of contracts with governmental agencies.
(4)The Tenant, Occupant or Guest is using or permitting such housing accommodation to be used for an illegal purpose.
(5)The Tenant has unreasonably refused the DAMP Lessee or HPD access to the housing accommodation for the purpose of making necessary inspections, repairs or improvements required by law or authorized or required by HPD.
(6)The Tenant has refused, after at least twenty days written notice, to move to a substantially similar housing accommodation at the same rent provided: (i) that the DAMP Lessee has a plan approved by DAMP to reconstruct, renovate or improve the housing accommodation currently occupied by the Tenant or the building in which it is located; and (ii) that the move is reasonably necessary to permit such reconstruction, renovation or improvement; and (iii) that the DAMP Lessee offers the Tenant in writing the right of reoccupancy of a reconstructed, renovated, or improved housing accommodation at the same rent or at a rent set pursuant to applicable rules for the respective DAMP Program or other rent restructuring authority.
(7)The housing accommodation is not occupied by the Tenant, not including subtenants or occupants, as his or her primary residence, unless the subtenant or assignee has been approved pursuant to 28 RCNY § 21-24(i).
(8)The building is to be placed in a program of rehabilitation or reconstruction which requires the vacating of the entire building.
(9)The building is to be sealed or demolished.
(10)The Tenant has refused to reoccupy a housing accommodation that has been renovated, reconstructed or improved, and continues to occupy a housing accommodation which was offered for the purposes of relocation pursuant to paragraph (6) above.
(11)For any other reason permitted by law.
