§ 3-18 Lease Termination and Renewals.
RCNY § 3-18
(a)Preliminary notice of grounds of eviction, administrative hearing and certificate of eviction. Except as otherwise provided in this subdivision, no eviction proceeding based upon a holdover or a breach of the terms of the lease or occupancy agreement shall be initiated by a housing company against a residential tenant / cooperator without the issuance of a certificate of eviction by HPD following an administrative hearing by an HPD designated hearing officer. The hearing officer's decision shall be final without recourse to an administrative appeal. Notwithstanding the foregoing, such hearing and certificate of eviction shall not be required for any eviction proceeding based upon non-payment of rent/carrying charges or any sum which constitutes rent or additional rent pursuant to the applicable lease or occupancy agreement. Furthermore, at HPD's sole discretion, such hearing and certificate of eviction may be waived in accordance with subdivision (e) of this section. To set an eviction hearing the housing company shall notify HPD in writing of the facts which it contends justify eviction, together with an affidavit stating that a preliminary notice of grounds for eviction has been served upon the tenant / cooperator as follows: (1) The notice shall be sent to the tenant / cooperator by regular first class mail, and by certified or registered mail, return receipt requested; and (2) A copy of the notice shall also be served by personal delivery to the tenant / cooperator; or by delivery to a person of suitable age and discretion occupying the apartment in question; or if admittance cannot be obtained and such person cannot be found, by affixing a copy upon the door or placing a copy under the door of the apartment.
(3)The notice may be served simultaneously with any notice to cure which may be required by the tenant / cooperator's lease / occupancy agreement, and shall advise the tenant / cooperator of the following: (i) The specific charges against him or her; (ii) that he or she has the opportunity to appear before an HPD hearing officer to deny or explain the charges against him or her; (iii) that he or she may retain counsel to represent him or her at a hearing; (iv) that the findings of the HPD hearing officer, should a hearing take place, may be determinative as to the factual issues.
(b)Administrative hearing. If, after ten days from the date of service of the preliminary notice of grounds for eviction, the tenant / cooperator has not cured the breach of his or her lease / occupancy agreement, the housing company may request HPD to proceed to schedule a hearing at which the housing company shall present to the hearing officer its charges against the tenant / cooperator. The housing company shall advise the tenant / cooperator of the date and place of the hearing in the same manner prescribed for the service of the preliminary notice of grounds for eviction as specified in paragraphs one and two of subdivision (a) of this section. If the tenant / cooperator fails to appear at the designated hearing, he/she shall be advised by the hearing officer, by regular first class mail, that unless a request to reopen the matter is received by the hearing officer within a designated period of time, a decision shall be rendered by the hearing officer based upon the information provided by the housing company and that such decision shall be final. All witnesses at the hearing shall be sworn to tell the truth. Witnesses may be examined and cross-examined by either party and by the hearing officer. The hearing officer may accept any evidence which he or she deems to be relevant and material. A tape recording of the hearing shall be made by the hearing officer, and the hearing officer shall arrange for a transcript of the tape upon the written request of either party, at the expense of the party requesting said transcript. In the event the hearing officer finds grounds for the eviction, he or she shall issue a certificate authorizing the housing company to commence summary proceedings for such eviction of the tenant / cooperator, stating the reasons for his or her decision. At the sole discretion of the hearing officer, such decision may also contain a probationary period or opportunity to cure. A copy of said certificate shall be sent to the tenant / cooperator and to his or her attorney, if any, by regular first class mail. Service of process for summary proceedings may be made simultaneously with or subsequent to the service of such certificate. Acceptance of rent/carrying charges after the commencement of eviction proceedings, pursuant to the administrative hearing process, shall be without prejudice. Notwithstanding anything to the contrary contained in this subdivision (b), a breach of lease or occupancy agreement involving hazardous conditions, violent or disruptive behavior, fraud or illegality shall not be subject to any opportunity to cure by the tenant / cooperator.
(c)Appeals. There is no administrative appeal from the determination of the hearing officer. The decision of the hearing officer is subject only to review by commencing an action pursuant to Article 78 of the Civil Practice Law and Rules.
(d)Summary proceedings. The above procedures do not apply to summary proceedings for non-payment of rent, carrying charges and any other monetary obligations of the tenant / cooperator to the housing company pursuant to his or her lease or occupancy agreement or any other agreement between the tenant / cooperator and the housing company with respect to ancillary services, except as specified in subdivision (a) of this section.
(e)Emergency evictions. The above procedures may be waived at the sole discretion of HPD in any case in which HPD determines that the health or safety of the tenant / cooperators of a development is jeopardized by another tenant / cooperator or his or her family, members of his or her household or visitors to his or her premises.
(f)Applicability. The above procedures shall be the sole requirements to commencement of eviction proceedings and it is the express intention of HPD that no other section of these rules is applicable.
(g)Lease / occupancy agreement renewals. The housing company shall offer a renewal of a tenant / cooperator's lease / occupancy agreement between ninety (90) and one hundred twenty (120) days prior to the expiration of his or her existing lease / occupancy agreement, unless the tenant / cooperator shall have materially breached the lease / occupancy agreement, shall be ineligible for continued occupancy of his or her apartment, or shall otherwise be found to be a nuisance. Such renewal lease / occupancy agreement shall be for a minimum of a one-year term. If a housing company wishes to refuse to renew a tenant / cooperator's lease / occupancy agreement, it shall notify the tenant / cooperator with respect to its reason for refusing to renew in a notice to be served upon the tenant / cooperator in the same manner prescribed with respect to the preliminary notice of grounds for eviction between ninety (90) days and one hundred twenty (120) days prior to the expiration of his or her existing lease / occupancy agreement. A copy of said notice shall be sent to HPD. If the tenant / cooperator holds over subsequent to the expiration date of his or her lease, the housing company shall commence eviction proceedings against the tenant / cooperator in accordance with the administrative hearing process set forth in this section, unless the material breach of lease relates to non-payment of rent/carrying charges or additional rent/carrying charges as set forth in subdivision (a) of this section.
(h)Illegal occupancy. A housing company having knowledge of occupancy of an apartment in conflict with the requirements of the Private Housing Finance Law, HPD rules or the requirements applicable to the apartment by reason of any federal, state or city benefit or subsidy, lease or occupancy agreement, or by reason of any other applicable law or regulation, shall notify HPD in writing of said illegal occupancy. The housing company shall, as soon as practicable, commence eviction proceedings against the last-authorized tenant / cooperator of the apartment in accordance with the administrative hearing process set forth in this section. An illegal occupant of an apartment shall not be entitled to any protections pursuant to this section. A housing company shall not knowingly accept rent from an illegal occupant, and shall seek to recover from such occupant the full market value of the apartment. The acceptance of rent/carrying charges from or on behalf of an illegal occupant shall not be deemed to create any right of tenancy or any obligation on the part of the housing company to afford such person the protection which these rules afford to authorized tenant / cooperators.
