Sec. 2104.4. Proceedings for eviction with certificate  


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  • (a) No tenant shall be removed or evicted on grounds other than those stated in section 2104.2 of this Part unless on application of the landlord (or where the housing accommodations are located in a structure or building owned by two or more persons not constituting a co-operative corporation or association, the application shall be consented to by all the co-owners) the administrator shall issue a certificate permitting the landlord to pursue his remedies at law at the expiration of the waiting period hereinafter specified in subdivision (b) of this section. The administrator may issue an order granting a certificate if the removal or eviction meets the requirements of sections 2104.5, 2104.6, 2104.7, 2104.8, or 2104.9 of this Part. The administrator may also issue orders granting certificates in other cases if the requested removal or eviction is not inconsistent with the purposes of the act or this Subchapter and would not be likely to result in the circumvention or evasion thereof.
    (b) Certificates issued pursuant to this section or sections 2104.5, 2104.6, 2104.7, or 2104.9 of this Part shall authorize the landlord to commence proceedings to remove or evict the tenant at the expiration of three months from the date of issuance of the certificate by the administrator. Certificates issued pursuant to section 2104.8 of this Part, shall authorize the landlord to commence proceedings to remove or evict the tenant at the expiration of six months from the date of issuance of the certificate by the administrator. Where the administrator finds (1) that equivalent accommodations are available for rent into which the tenant can move without substantial hardship or loss, or (2) that undue hardship would result to the landlord, a certificate may be issued and may authorize the landlord to pursue his remedies for removal or eviction of the tenant at the expiration of a period shorter than such maximum waiting period.
    (c) No certificate shall be used in connection with any action or proceeding to remove or evict a tenant unless such removal or eviction is sought for the purpose specified in the certificate.
    (d) In the event that the landlord's intentions or circumstances so change that the premises, possession of which is sought, will not be used for the purpose specified in the certificate, the certificate shall thereupon be null and void. The landlord shall immediately notify the local rent administrator in writing and surrender the certificate for cancellation.
    (e) Wherever relocation of a tenant at the same rent is required as a condition for the granting of a certificate of eviction, the administrator may, in his discretion, substitute a requirement that the landlord pay to the tenant a sum equivalent to the difference for two years between the present rent for the housing accommodations and the rent payable for the offered accommodations, plus reasonable moving expenses.
    (f) The provisions of this section shall apply to all certificates issued pursuant to this Subchapter.