N.Y. Real Property Law § 216

Good cause eviction grounds: N.Y. Real Property Law § 216

Nonpayment above local rent standard (rebuttably presumed unreasonable), lease violation, nuisance, and violation of law are grounds for eviction under § 216.

Official text N.Y. Real Property Law § 216 — New York

* § 216. Grounds for removal of tenants. 1. No landlord shall remove a tenant from any housing accommodation covered by section two hundred fourteen of this article, 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 petitioner or plaintiff has established one of the following grounds as good cause for removal or eviction:

  • (a) (i) 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 which is unreasonable. In determining whether all or part of the rent due and owing is the result of an unreasonable rent increase, it shall be a rebuttable presumption that the rent for a dwelling not protected by rent regulation is unreasonable if said rent has been increased in any calendar year, after the effective date of this article, or after the effective date of the local law in any village, town, or city that enacts such local law to apply this article to such village, town, or city pursuant to subdivision one of section two hundred thirteen of this article, by an amount greater than the local rent standard, provided further that no rent increase less than or equal to the local rent standard shall be deemed unreasonable.
  • (ii) Whenever a court considers whether a rent increase is unreasonable, the court may consider all relevant facts, including but not limited to a landlord's costs for fuel and other utilities, insurance, and maintenance; but in all cases, the court shall consider the landlord's property tax expenses and any recent increases thereto; such relevant facts also shall include whether the landlord, other than in circumstances governed by paragraph (d) of this subdivision, seeks in good faith to raise the rent upon a renewal lease to reflect completed significant repairs to the housing accommodation, or to any other part of the building or real property in which the housing accommodation is located, provided that the landlord can establish that the repairs constituted significant repairs and that such repairs did not result from the landlord's failure to properly maintain the building or housing accommodation, and provided further that for the purposes of this subparagraph, "significantly repair" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or abatement of hazardous materials, including lead-based paint, mold, or asbestos in accordance with applicable federal, state, and local laws, and provided further cosmetic improvements alone, including painting, decorating, and minor repairs, do not qualify as significant repairs;
  • (b) The tenant is violating a substantial obligation of their tenancy or breaching any of the landlord's rules and regulations governing said premises, other than the obligation to surrender possession, and has failed to cure such violation after written notice that the violation cease within ten 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 and provided such rules or regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term;
  • (c) The tenant is committing or permitting a nuisance in such housing accommodation, or elsewhere in the building or on the real property in which the housing accommodation is located, or is maliciously or by reason of gross negligence substantially damaging the housing accommodation, or causing substantial damage elsewhere in the building or on the real property in which the housing accommodation is located; or the tenant's conduct is such as to interfere with the comfort and safety of the landlord or other tenants or occupants of the same or another adjacent building or structure;
  • (d) 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 an agency of the state or municipality having jurisdiction 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 vacate order. 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 such tenant's 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 or to otherwise compel compliance by the landlord with all applicable state or municipal housing codes;
  • (e) The tenant is using or permitting the housing accommodation, or elsewhere in the building or on the real property in which the housing accommodation is located, to be used for an illegal purpose;
  • (f) 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;
  • (g) The landlord seeks in good faith to recover possession of a housing accommodation for the landlord's own personal use and occupancy as the landlord's principal residence, or the personal use and occupancy as principal residence of the landlord's spouse, domestic partner, child, stepchild, parent, step-parent, sibling, grandparent, grandchild, parent-in-law or sibling-in-law, when no other suitable housing accommodation in such building is available, provided that no judgment in favor of the landlord may be granted pursuant to this paragraph unless the landlord establishes good faith to recover possession of a housing accommodation for the landlord's own personal use and occupancy as the landlord's principal residence, or the personal use and occupancy as a principal residence of the landlord's spouse, domestic partner, child, stepchild, parent, step-parent, sibling, grandparent, grandchild, parent-in-law or sibling-in-law, by clear and convincing evidence. This paragraph shall not apply to a housing accommodation occupied by a tenant who is sixty-five years of age or older or who is a disabled person;
  • (h) The landlord in good faith seeks to demolish the housing accommodation, provided that no judgment in favor of the landlord may be granted pursuant to this paragraph unless the landlord establishes good faith to demolish the housing accommodation by clear and convincing evidence;
  • (i) The landlord seeks in good faith to withdraw a housing accommodation from the housing rental market, provided that no judgment in favor of the landlord may be granted pursuant to this paragraph unless the landlord establishes good faith to withdraw the housing accommodation from the housing rental market by clear and convincing evidence; or
  • (j) The tenant fails to agree to reasonable changes to a lease at renewal, including increases in rent that are not unreasonable as defined in paragraph (a) of this subdivision, as long as written notice of the changes to the lease were provided to the tenant at least thirty days, but no more than ninety days, prior to the expiration of the current lease.
  • 2. A tenant required to surrender a housing accommodation by virtue of the operation of paragraph (g), (h), or (i) of subdivision one of this section 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, removal from the rental housing market, or demolition of the housing accommodation. In any action or proceeding brought pursuant to this subdivision a prevailing tenant shall be entitled to recovery of actual damages, and reasonable attorneys' fees. Except as provided in this subdivision, nothing in this article shall create a civil claim or cause of action by a tenant against a landlord.
  • 3. Nothing in this section shall abrogate or limit the tenant's right pursuant to section seven hundred fifty-one of the real property actions and proceedings law to permanently stay the issuance or execution of a warrant or 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 section seven hundred fifty-one of the real property actions and proceedings law where applicable.

* NB Repealed June 15, 2034

Text as published in the 2026 snapshot of the code.

Source: Vaquill Open US Law, compiled from official state publishers (huggingface.co), reproduced under license CC BY 4.0.

Read this provision at the official source →

What it actually says

Section 216 is the list. For a housing accommodation covered by § 214, a tenant may not be removed - even with no written lease, and even after the lease has expired - except by court order in a proceeding where the landlord has established one of ten grounds: (a) non-payment of rent, (b) violation of a substantial obligation of the tenancy uncured after ten days' written notice, (c) nuisance or substantial damage or conduct interfering with the comfort and safety of others, (d) occupancy in violation of law where a vacate order has been issued, (e) use for an illegal purpose, (f) unreasonable refusal of access for necessary repairs or for showing the unit, (g) the landlord's own good faith personal use or that of listed close relatives, (h) good faith demolition, (i) good faith withdrawal from the rental market, and (j) refusal to agree to reasonable lease changes at renewal, including increases that are not unreasonable, where notice was given between thirty and ninety days before expiry.

Ground (a) contains the article's most distinctive rule. Non-payment is good cause only to the extent the rent due did not result from an unreasonable increase; and for a dwelling not protected by rent regulation there is a rebuttable presumption that the rent is unreasonable if it was raised in a calendar year by more than the local rent standard. In deciding reasonableness the court may consider fuel, utilities, insurance and maintenance costs, must consider property tax expenses and recent increases in them, and may consider a good faith increase to reflect completed significant repairs - defined as the replacement or substantial modification of a structural, electrical, plumbing or mechanical system requiring a permit, or hazardous materials abatement, with cosmetic improvements expressly excluded.

The owner-use, demolition and market-withdrawal grounds are policed. Each must be established by clear and convincing evidence; ground (g) does not apply to a tenant who is 65 or older or is a disabled person, and requires that no other suitable accommodation in the building be available. Subdivision 2 gives a tenant who had to leave under (g), (h) or (i) a cause of action for damages, declaratory and injunctive relief and attorneys' fees against a landlord who made a fraudulent statement about the proposed use - and then says that, apart from that, nothing in the article creates a civil claim by a tenant against a landlord. Subdivision 3 preserves the tenant's right under RPAPL § 751 to stay a warrant by paying the rent. The published text carries a note: repealed June 15, 2034.

When it applies

  • A non-payment case where the arrears follow a very large rent increase.
  • A landlord seeking possession of a covered apartment for a son or daughter to live in.
  • A holdover case where the tenant refused to sign a renewal with new terms.
  • A tenant accused of a nuisance or of refusing access for repairs.
  • A tenant forced out on a claim of owner use who later finds the unit re-let to a stranger.

What this section does not say

  • It does not decide coverage. Whether the apartment is within the article is a § 214 question, and § 216 assumes the answer.
  • It is not a rent cap. The local rent standard operates as a presumption about whether unpaid rent is good cause, not as a ceiling on what may be charged.
  • It does not replace the eviction procedure. Possession still requires a court order in a proceeding under the Real Property Actions and Proceedings Law.
  • It creates almost no affirmative claims for tenants. Subdivision 2 says that apart from the fraudulent-use claim, nothing in the article creates a civil cause of action by a tenant against a landlord.
  • The ten grounds are not permanent law. The published text carries a repeal of the article on June 15, 2034, so a tenancy running past that date cannot assume the list survives.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A tenant's rent is raised in one year by well over the local rent standard. Unable to meet the new figure, they fall behind, and a non-payment proceeding follows.

How the wording applies

Ground (a) makes non-payment good cause only to the extent the rent due did not result from an unreasonable rent increase, and for a dwelling not protected by rent regulation there is a rebuttable presumption that an increase above the local rent standard in a calendar year is unreasonable. It turns on rebutting that presumption, and the section says what may be weighed: fuel, utility, insurance and maintenance costs, property tax expenses and recent increases in them, and good faith increases reflecting completed significant repairs - with cosmetic improvements expressly excluded.

How the parties settled it

They agree a smaller increase from the current month and a payment plan for the difference already accrued, and the landlord undertakes to share the tax and repair figures each year before proposing the next increase.

Illustrative example

A landlord seeks possession of a covered apartment on the basis that his daughter will move in. The tenant is 68, has lived there a decade, and a unit on the floor above has stood empty for months.

How the wording applies

Ground (g) must be established by clear and convincing evidence, does not apply to a tenant who is 65 or older or is a disabled person, and requires that no other suitable accommodation in the building be available. Two facts here go straight to those requirements: the tenant's age and the vacant unit upstairs.

How the parties settled it

The claim is withdrawn and the daughter takes the vacant unit, while the tenant agrees a renewal on the same terms being offered to the rest of the building.

Illustrative example

A tenant moves out after being told the owner needed the apartment for a close relative. Months later the same apartment appears in a listing, offered to strangers at a much higher rent.

How the wording applies

Subdivision 2 gives a tenant who vacated under grounds (g), (h) or (i) a cause of action for damages, declaratory and injunctive relief and attorneys' fees where the landlord made a fraudulent statement about the proposed use, and then says that apart from that, nothing in the article creates a civil cause of action by a tenant against a landlord. So it turns on whether the statement about the intended use was fraudulent when it was made.

How the parties settled it

The landlord covers the moving and broker costs the tenant actually incurred and the rent difference for a year, and both treat the matter as closed.

The same problem elsewhere

The other legal systems in this collection answer the same everyday problem with their own provisions.

The comparison and these one-line summaries are in English.

The tenant has stopped paying and will not leave: what the law says in six jurisdictions

Read the full comparison →

Related sections

N.Y. Real Property Law § 215 RPL § 215: no removal without good cause N.Y. Real Property Law § 218 RPL § 218: a tenant cannot sign away good cause eviction protection N.Y. Real Property Law § 226-c Five percent rent notice: N.Y. Real Property Law § 226-c N.Y. Real Property Law § 223-b No Retaliatory Eviction: N.Y. Real Property Law § 223-b N.Y. Real Property Law § 234 RPL § 234: if the lease gives the landlord legal costs, the tenant gets them too

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of N.Y. Real Property Law § 216 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in New York.

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