[Adopted 10-25-2021 by L.L. No. 6-2021]
A.
Pursuant to the New York State Constitution, the City Council of
the City of Newburgh may adopt and amend laws pertaining to the protection,
conduct, safety, health and well-being of the persons and property
in the City.
B.
This article is authorized by the Municipal Home Rule Law, adopted
as Chapter 36-a of the Consolidated Laws of the State of New York,
and the General City Law, adopted as Chapter 21 of the Consolidated
Laws of the State of New York.
As used in this article, the following terms shall have the
meanings indicated:
As applied according to the definition set forth in the New
York State Public Housing Law § 14, Subdivision 4(c)(iii).
Residential premises, including a dwelling, dwelling unit,
or rooming unit, as defined in this chapter, located in the City of
Newburgh.
Any owner, lessor, sublessor, assignor, or other person receiving
or entitled to receive rent for the occupancy of any housing accommodation
or the agent of any the foregoing.
Any consideration, including any bonus, benefit, or gratuity,
demanded or received for or in consideration with the possession,
use, or occupancy of housing accommodations or the execution or transfer
of a lease for such housing accommodations.
A tenant, subtenant, lessee, sublessee, assignee, manufactured
home tenant as defined in Paragraph 1 of Subdivision a of § 233
of the New York State Real Property Law, an occupant of a rooming
house or hotel as defined in § 711 of the New York State
Real Property Actions and Proceedings Law, or any other person entitled
to the possession, use or occupancy of any housing accommodation.
This article shall apply to all housing accommodations, except:
A.
Owner-occupied premises with less than four units.
B.
Premises where the possession, use or occupancy of which is solely
incident to employment and such employment is being lawfully terminated.
C.
Premises otherwise subject to regulation of rents or evictions pursuant
to state or federal law to the extent that such state or federal law
requires good cause for termination or non-renewal of such tenancies.
D.
Premises sublet pursuant to § 226-b of the New York State
Real Property Law or otherwise, where the sublessor seeks in good
faith to recover possession of such housing accommodation for personal
use and occupancy.
No landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in § 240-34 of this article.
A.
No landlord shall remove a tenant from any housing accommodation,
or attempt such removal or exclusion from possession, notwithstanding
that the tenant has no written lease or that the lease or other rental
agreement has expired or otherwise terminated, except upon order of
a court of competent jurisdiction entered in an appropriate judicial
action or proceeding in which the plaintiff or petitioner has established
one of the following grounds as good cause for removal or eviction:
(1)
The tenant has failed to pay rent due and owing; provided, however,
that the rent due and owing, or any part thereof, did not result from
a rent increase or pattern of rent increases which, regardless of
the tenant's prior consent, if any, is unconscionable or imposed for
the purpose of circumventing the intent of this article. In determining
whether all or part of the rent due and owing is the result of an
unconscionable rent increase or pattern of rent increases, the court
may consider, among other factors, i) the rate of the increase relative
to the tenant's ability to afford said increase, ii) improvements
made to the subject unit or common areas serving said unit, iii) whether
the increase was precipitated by the tenant engaging in the activity
described at § 223-b, Subdivision 1(a) through (c), of the
New York State Real Property Law, iv) significant market changes relevant
to the subject unit, and v) the condition of the unit or common areas
serving the unit, and it shall be a rebuttable presumption that the
rent for a dwelling not protected by rent regulation is unconscionable
or imposed for the purpose of circumventing the intent of this article
if said rent has been increased in any calendar year by a percentage
exceeding 5%;
(2)
The tenant is violating a substantial obligation of their tenancy,
other than the obligation to surrender possession, and has failed
to cure such violation after written notice that the violation cease
within 10 days of receipt of such written notice; provided, however,
that the obligation of tenancy for which violation is claimed was
not imposed for the purpose of circumventing the intent of this article;
(3)
The tenant is committing or permitting a nuisance in such housing
accommodation, or is maliciously or by reason of negligence damaging
the housing accommodation; or the tenant's conduct, including, but
not limited to, smoking inside the dwelling unit where smoking inside
the dwelling unit has been prohibited by the landlord and such prohibition
has been communicated to the tenant, failing to dispose of waste created
by the tenant's pet(s) from the property on which the dwelling unit
is located in accordance with relevant laws, and causing the accumulation
of excessive rubbish and/or garbage in the dwelling unit and common
areas, is such as to interfere with the comfort of the landlord or
other tenants or occupants of the same or adjacent buildings or structures;
(4)
Occupancy of the housing accommodation by the tenant is in violation
of or causes a violation of law and the landlord is subject to civil
or criminal penalties therefor; provided, however, that the City of
Newburgh or other qualified governmental entity has issued an order
requiring the tenant to vacate the housing accommodation. No tenant
shall be removed from possession of a housing accommodation on such
ground unless the court finds that the cure of the violation of law
requires the removal of the tenant and that the landlord did not,
through neglect or deliberate action or failure to act, create the
condition necessitating the order to vacate. In instances where the
landlord does not undertake to cure conditions of the housing accommodation
causing such violation of the law, the tenant shall have the right
to pay or secure payment in a manner satisfactory to the court to
cure such violation, provided that any tenant expenditures shall be
applied against rent to which the landlord is entitled. In instances
where removal of a tenant is absolutely essential to their health
and safety, the removal of the tenant shall be without prejudice to
any leasehold interest or other right of occupancy the tenant may
have and the tenant shall be entitled to resume possession at such
time as the dangerous conditions have been removed. Nothing herein
shall abrogate or otherwise limit the right of a tenant to bring an
action for monetary damages against the landlord to compel compliance
by the landlord with all applicable laws;
(5)
The tenant is using or permitting the housing accommodation to be
used for an illegal purpose;
(6)
The tenant has unreasonably refused the landlord access to the housing
accommodation for the purpose of making necessary repairs or improvements
required by law or for the purpose of showing the housing accommodation
to a prospective purchaser, mortgagee, or other person having a legitimate
interest therein;
(7)
The landlord seeks in good faith to recover possession of a housing
accommodation located in a building containing fewer than 12 units
because of immediate and compelling necessity for their own personal
use and occupancy as their principal residence, or the personal use
and occupancy as principal residence of their partner, spouse, parent,
child, stepchild, father-in-law or mother-in-law, when no other suitable
housing accommodation in such building is available. This subsection
shall permit recovery of only one housing accommodation and shall
not apply to a housing accommodation occupied by a tenant who is 62
years of age or older or who is a disabled person;
(8)
The landlord seeks in good faith to recover possession of any or
all housing accommodations located in a building with less than five
units to personally occupy such housing accommodations as their principal
residence;
(9)
The owner-landlord has in good faith entered into a contract for
the sale of the housing accommodation and such contract requires that
the housing accommodation be transferred free and clear of any and
all residential tenancy obligations as a condition of such sale where
the owner-landlord has no shared financial or other interest with
the potential buyer other than the sale of the housing accommodation
in question and submitted sufficient proof to the court thereof;
(10)
Where the tenant has refused in bad faith to enter into a written
lease which has been offered in good faith to the tenant by the landlord,
subject to the following:
(a)
The proposed written lease must have been offered to the tenant,
in writing, on at least two occasions at least two weeks apart, which
such written offer to include:
[1]
An original and one copy of the proposed written lease, executed
by the landlord or the landlord's designee;
[2]
Notice of the landlord's intention to pursue eviction within
120 days pursuant to this article if the tenant rejects the proposed
written lease and/or does not enter into said lease within 45 days
of the initial offer;
[3]
Clear instructions to the tenant concerning the matter in which
the tenant is to communicate to the landlord acceptance or rejection
of the written lease; and
[4]
Notice of any proposed increase equal to or greater than 5%
shall be provided in compliance with New York State Real Property
Law § 226-c;
(b)
The proposed written lease shall not supersede an existing,
active lease to which the landlord and tenant are parties;
(c)
The terms of the proposed lease may not:
[1]
Be unconscionable and/or mandate or proscribe activities not rationally related to the regulation of activities which would create a nuisance at the property or cause discomfort to the tenants or occupants of the same or adjacent buildings or structures as described in § 240-34A(3) above; or
[2]
Substantially alter the terms of any existing lease;
(d)
The proposed written lease shall not be offered for the purposes
of circumventing this article;
(e)
The tenant shall be entitled to dismissal of any eviction petition
brought for the tenant's refusal to enter into a lease according to
these terms if:
[1]
The tenant consents to enter into the proposed written lease presented in the first offer pursuant to Subsection A(10)(a) at any time prior to the execution of the warrant of eviction, regardless of landlord's willingness to accept said consent at the time it is communicated; and/or
[2]
Prior to the commencement of the eviction proceeding the tenant
attempted in good faith to negotiate the terms of the proposed written
lease and that the landlord refused in bad faith to engage in such
negotiation; and/or
[3]
The tenant's failure to enter into the proposed written lease
was due to a good faith failure to comprehend the terms of the proposed
written lease; and/or
[4]
The tenant is a victim of domestic violence as defined by New
York State Social Service Law § 459-a and is unable to safely
enter into the proposed written lease due to good faith concerns for
the tenant's personal safety; and/or
[5]
The proposed written lease includes an increase in rent or increase in the tenant's responsibility for recurring payments associated with the tenancy which is unconscionable or imposed for the purposes of circumventing this article per § 240-34A(1) above;
(f)
That any proceeding for eviction pursuant to this subsection
shall have been commenced within 120 days of the proposed written
lease first having been offered to the tenant.
B.
A tenant required to surrender a housing accommodation by virtue of the operation of § 240-34A(7), (8), or (9) of this article shall have a cause of action in any court of competent jurisdiction for damages, declaratory, and injunctive relief against a landlord or purchaser of the premises who makes a fraudulent statement regarding a proposed use of the housing accommodation. In any action or proceeding brought pursuant to this provision, a prevailing tenant shall be entitled to recovery of actual damages and reasonable attorneys' fees.
C.
Nothing in this section shall abrogate or limit the tenant's right,
pursuant to § 751 of the New York State Real Property Actions
and Proceedings Law, to permanently stay the issuance or execution
of a warrant of eviction in a summary proceeding, whether characterized
as a nonpayment, objectionable tenancy, or holdover proceeding, the
underlying basis of which is the nonpayment of rent, so long as the
tenant complies with the procedural requirements of § 751
of the New York State Real Property Actions and Proceedings Law.
