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If your building contains 6 or more dwelling units it is probably subject to the Rent Stabilization Code. In the case of very long term tenants, apartments may also be subject to Rent Control.
If you are not familiar with Rent Stabilization or Rent Control, the first step is to log on to the following page at the Department of Housing & Community Renewal (DHCR):
This page will give you a preliminary look at what rent regulation is and how it affects your property.
Very generally, rent regulatory statutes, administrative and health codes, and myriad other rules and regulations govern the maximum amount of rent you can charge and the grounds upon which you may evict a tenant. They also dictate which family members must be added to a lease and which can inherit your apartment upon the death of the tenant of record. In fact, just about every aspect of the management and profitability of your building is covered by local or state statutes. You should take the time to get acquainted with the basics. After that, feel free to ask questions.
A holdover action is used if you want your tenant removed whether or not the rent is paid. The will ask for a money judgment for the amount owed but will, primarily, seek possession.
If your building is subject to Rent Control or the Rent Stabilization Code, you may only evict a tenant for reasons and by methods specified in the codes. Similarly, if your tenant has a lease, even if your building is not rent regulated, the lease will dictate the circumstances under which a tenant can be evicted prior to the lease expiration date. Generally these reasons include the following:
A non-payment proceeding is used when your main objective is to collect rent rather than have your tenant removed. This action should end in a money judgment for the amount owed and a date certain by which it must be paid. If the tenant complies with the terms of the judgment, the case is over and the tenancy continues. If the tenant does not comply, you will have the right to have a New York City Marshal evict your tenant and give you legal possession of the premises. This constitutes the overwhelming majority of cases concerning rent stabilized tenants and tenants in small buildings where a lease is in affect.