2010 New York Code
RPA - Real Property Actions & Proceedings
Article 7 - (701 - 767) SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
753 - Stay where tenant holds over in premises occupied for dwelling purposes in city of New York.

§  753. Stay where tenant holds over in premises occupied for dwelling
  purposes in city of  New  York.  1.  In  a  proceeding  to  recover  the
  possession  of  premises  in  the city of New York occupied for dwelling
  purposes, other than a room or rooms in  an  hotel,  lodging  house,  or
  rooming  house,  upon  the  ground that the occupant is holding over and
  continuing in possession of the premises after  the  expiration  of  his
  term  and  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, the court, on application of the occupant, may stay the issuance
  of  a  warrant  and  also stay any execution to collect the costs of the
  proceeding for a period of not more than six months, if it appears  that
  the  premises  are  used  for dwelling purposes; that the application is
  made in good faith; that the applicant cannot  within  the  neighborhood
  secure  suitable  premises  similar to those occupied by him and that he
  made due and reasonable efforts to secure such other premises,  or  that
  by  reason  of  other facts it would occasion extreme hardship to him or
  his family if the stay were not granted.
    2. Such stay shall be granted and continue  effective  only  upon  the
  condition  that  the  person  against whom the judgment is entered shall
  make a deposit in court of  the  entire  amount,  or  such  installments
  thereof from time to time as the court may direct, for the occupation of
  the  premises  for  the period of the stay, at the rate for which he was
  liable as rent for the month immediately prior to the expiration of  his
  term  or  tenency, plus such additional amount, if any, as the court may
  determine to be the difference between such rent and the reasonable rent
  or value of the use and occupation of the premises; such  deposit  shall
  also  include all rent unpaid by the occupant prior to the period of the
  stay. The amount of such deposit shall be determined by the  court  upon
  the  application  for the stay and such determination shall be final and
  conclusive in respect to the amount of  such  deposit,  and  the  amount
  thereof   shall  be  paid  into  court,  in  such  manner  and  in  such
  installments, if any, as the court may direct. A separate account  shall
  be  kept  of  the  amount to the credit of each proceeding, and all such
  payments shall be deposited in a bank or  trust  company  and  shall  be
  subject  to  the  check  of  the clerk of the court, if there be one, or
  otherwise of the court. The clerk of the court, if  there  be  one,  and
  otherwise  the  court  shall  pay to the landlord or his duly authorized
  agent, the amount of such deposit in accordance with the  terms  of  the
  stay or the further order of the court.
    3.  The  provisions  of  this  section shall not apply to a proceeding
  where the petitioner shows to the satisfaction  of  the  court  that  he
  desires  in  good  faith  to  recover  the  premises  for the purpose of
  demolishing same with the intention  of  constructing  a  new  building,
  plans  for which new building shall have been duly filed and approved by
  the proper authority; nor shall it apply  to  a  proceeding  to  recover
  possession  upon  the  ground  that  an  occupant is holding over and is
  objectionable if the landlord shall establish to the satisfaction of the
  court that such occupant is objectionable.
    4. In the event that such proceeding is based upon a  claim  that  the
  tenant  or lessee has breached a provision of the lease, the court shall
  grant a ten day stay of issuance of the warrant, during which  time  the
  respondent may correct such breach.
    5.  Any  provision  of  a lease or other agreement whereby a lessee or
  tenant waives any provision of this  section  shall  be  deemed  against
  public policy and void.

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