N.Y.C. Admin. Code tit. 26, ch. 4 § 26-515

Recovery of possession (New York City Rent Stabilization Law of 1969)

In Force
Verified 10/12/2026 · Next check 10/19/2026
New York CityRenewal & Non-Renewal

Operative Text

N.Y.C. Admin. Code tit. 26, ch. 4 § 26-515
a. An owner seeking to recover possession pursuant to subparagraph (c) of paragraph nine of subdivision c of section 26-511 of this chapter shall notify the tenant in occupancy not more than one hundred fifty and not less than one hundred twenty days prior to the end of the tenant's lease term, by mail, of such owner's intention not to renew such lease in order to recover the dwelling unit for its charitable or educational purposes. The owner may give such notice within one hundred twenty days of the expiration of the tenant's lease term, provided it may not commence a summary proceeding to recover the dwelling unit until the expiration of one hundred twenty days from the giving of such notice and, provided, further, that the tenant may remain in occupancy until the commencement of such proceeding at the same rent and upon the same terms and conditions as were provided in his or her expired lease. The notice of intention not to renew the tenant's lease shall be accompanied by a notice on a form prescribed by the division of housing and community renewal setting forth the penalties to which an owner may be subject for his or her failure to utilize the tenant's dwelling unit for the charitable or educational purpose for which recovery of the dwelling unit is sought.


b. If any owner who recovers a dwelling unit pursuant to such subparagraph (c), or any successor in interest, utilizes such unit for purposes other than those permitted under such subparagraph, then such owner or successor shall, unless for good cause shown, be liable to the removed tenant for three times the damages sustained on account of such removal plus reasonable attorney's fees and costs as determined by the court, provided that such tenant commences such action within three years from the date of recovery of the unit. The damages sustained by such tenant shall be the difference between the rent paid by such tenant for the recovered dwelling unit, and the rental value of a comparable rent regulated dwelling unit on the open market. In addition to any other damage, the reasonable cost of removal of the tenant's property shall be a lawful measure of damages.


c. Where a dwelling unit has been recovered pursuant to such subparagraph (c) and within four years of such recovery is rented to a person or entity for purposes other than those permitted pursuant to such subparagraph (c), unless for good cause shown, the rent charged by such owner or any successor in interest for four years following such recovery shall not exceed the last regulated rent payable prior to such recovery.


d. If the owner is found by the commissioner, to have recovered possession of a dwelling unit pursuant to such subparagraph (c) and within four years of such recovery such owner or any successor in interest shall have utilized such unit for purposes other than those permitted pursuant to such subparagraph (c), unless for good cause shown, the commissioner shall impose upon such owner or successor in interest, by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be in an amount of up to one thousand dollars for each offense. Such order shall be deemed a final determination for the purposes of judicial review. Such penalty may, upon the expiration of the period for seeking review pursuant to article seventy-eight of the civil practice law and rules, be docketed and enforced in the manner of a judgment of the supreme court.
Source: Legislative text reproduced verbatim
Plain English

Under N.Y.C. Admin. Code §§ 26-501 & 26-515, when a landlord wants to reclaim a rent-regulated unit for charitable or educational purposes, the law sets strict notice timelines and imposes serious consequences if the unit is later used for something else. The displaced tenant is entitled to written advance notice of the non-renewal, and the landlord must include a form from the state housing agency explaining potential penalties. If the unit is misused within four years of recovery, the landlord or any successor may face rent rollbacks, civil penalties, and liability to the former tenant for triple damages plus attorney's fees and costs.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Operators seeking to recover a unit under N.Y.C. Admin. Code §§ 26-501 & 26-515 generally provide written notice to the tenant between 120 and 150 days before the lease ends, and attach the Division of Housing and Community Renewal form that describes the penalties for failing to follow through with the stated charitable or educational purpose. Compliant owners actually use the recovered unit for that stated purpose for at least four years, since renting it for any other purpose during that window can trigger rent caps, civil penalties of up to $1,000 per offense imposed by the commissioner, and personal liability to the displaced tenant for treble damages. Keeping thorough documentation of how the unit is used after recovery is a practice commonly associated with demonstrating compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under N.Y.C. Admin. Code §§ 26-501 & 26-515, a tenant facing non-renewal for a landlord's claimed charitable or educational use has the right to receive timely written notice and an official form explaining the penalties the owner faces for misuse of the unit. If the unit is later rented or used for purposes other than those stated, a former tenant may have grounds to bring a court action within three years of the recovery date seeking three times the damages suffered, plus reasonable attorney's fees and costs. Tenants in this situation may consider reaching out to the New York State Division of Housing and Community Renewal, a local tenant-rights organization, or legal aid to understand the options available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 151.29
REGULATION OF LEASES IN MOBILEHOME PARKS
§ 1A
Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions
§ 5-12-135
Jackson Park Expanded Fair Notice Pilot Program

Source Information

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