2022 New York Laws
RPA - Real Property Actions and Proceedings
Article 7 - Summary Proceeding to Recover Possession of Real Property
711 - Grounds Where Landlord-Tenant Relationship Exists.

§  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
  occupants.
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.