N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2009
Tenant violations as grounds for eviction (New York City Housing Maintenance Code)
Operative Text
Any conviction of a tenant for violation of this code which: (1) Results from wilful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) Results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) Consists of an unreasonable refusal to afford access to the dwelling unit to the owner or his or her agent or employee for the purpose of making repairs or improvements required by this code, shall constitute grounds for summary proceedings by the owner to recover possession of such dwelling unit from the tenant.
Under N.Y.C. Admin. Code §§ 27-2001 et seq. § 27-2009, a tenant's criminal conviction for violating the housing code can serve as legal grounds for an owner to pursue eviction through summary proceedings. The provision covers three categories of conduct: willful or grossly negligent behavior that causes substantial damage, repeated conduct that damages the unit or seriously disrupts others' comfort or safety, and unreasonable refusal to allow the owner access for legally required repairs or improvements. A conviction—not merely an allegation—is the triggering event that opens the door to these eviction proceedings.
Plain English — not legal advice.
Property owners and managers should be aware that N.Y.C. Admin. Code §§ 27-2001 et seq. § 27-2009 provides a specific legal pathway to recover possession of a dwelling unit when a tenant has been criminally convicted of a qualifying housing code violation. Compliant operators typically document all access requests for required repairs, maintain records of any damage or disturbances, and work with legal counsel to determine whether a conviction meets the statutory thresholds before initiating summary proceedings. Because the provision requires an actual conviction, operators generally do not rely on this section until that legal determination has been made by a court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 et seq. § 27-2009 establishes that only a criminal conviction—not a mere complaint or allegation—for certain housing code violations can form the basis for an owner's eviction proceeding under this section. Tenants facing such proceedings may have the opportunity to raise defenses related to whether the conduct was truly willful, whether damage was substantial, or whether access was unreasonably refused, among other arguments. Tenant-rights organizations and legal aid services in New York City can help explain how this provision interacts with broader tenant protections and what options may be available in a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.