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This entry was published on 2019-06-28
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Grounds where landlord-tenant relationship exists
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 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.
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 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

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.