* § 216. Grounds for removal of tenants. 1. No landlord shall remove a\ntenant from any housing accommodation covered by section two hundred\nfourteen of this article, or attempt such removal or exclusion from\npossession, notwithstanding that the tenant has no written lease or that\nthe lease or other rental agreement has expired or otherwise terminated,\nexcept upon order of a court of competent jurisdiction entered in an\nappropriate judicial action or proceeding in which the petitioner or\nplaintiff has established one of the following grounds as good cause for\nremoval or eviction:\n (a) (i) The tenant has failed to pay rent due and owing, provided\nhowever that the rent due and owing, or any part thereof, did not result\nfrom a rent increase which is unreasonable. In determining whether all\nor part of the rent due and owing is the result of an unreasonable rent\nincrease, it shall be a rebuttable presumption that the rent for a\ndwelling not protected by rent regulation is unreasonable if said rent\nhas been increased in any calendar year, after the effective date of\nthis article, or after the effective date of the local law in any\nvillage, town, or city that enacts such local law to apply this article\nto such village, town, or city pursuant to subdivision one of section\ntwo hundred thirteen of this article, by an amount greater than the\nlocal rent standard, provided further that no rent increase less than or\nequal to the local rent standard shall be deemed unreasonable.\n (ii) Whenever a court considers whether a rent increase is\nunreasonable, the court may consider all relevant facts, including but\nnot limited to a landlord's costs for fuel and other utilities,\ninsurance, and maintenance; but in all cases, the court shall consider\nthe landlord's property tax expenses and any recent increases thereto;\nsuch relevant facts also shall include whether the landlord, other than\nin circumstances governed by paragraph (d) of this subdivision, seeks in\ngood faith to raise the rent upon a renewal lease to reflect completed\nsignificant repairs to the housing accommodation, or to any other part\nof the building or real property in which the housing accommodation is\nlocated, provided that the landlord can establish that the repairs\nconstituted significant repairs and that such repairs did not result\nfrom the landlord's failure to properly maintain the building or housing\naccommodation, and provided further that for the purposes of this\nsubparagraph, "significantly repair" means the replacement or\nsubstantial modification of any structural, electrical, plumbing, or\nmechanical system that requires a permit from a governmental agency, or\nabatement of hazardous materials, including lead-based paint, mold, or\nasbestos in accordance with applicable federal, state, and local laws,\nand provided further cosmetic improvements alone, including painting,\ndecorating, and minor repairs, do not qualify as significant repairs;\n (b) The tenant is violating a substantial obligation of their tenancy\nor breaching any of the landlord's rules and regulations governing said\npremises, other than the obligation to surrender possession, and has\nfailed to cure such violation after written notice that the violation\ncease within ten days of receipt of such written notice, provided\nhowever, that the obligation of tenancy for which violation is claimed\nwas not imposed for the purpose of circumventing the intent of this\narticle and provided such rules or regulations are reasonable and have\nbeen accepted in writing by the tenant or made a part of the lease at\nthe beginning of the lease term;\n (c) The tenant is committing or permitting a nuisance in such housing\naccommodation, or elsewhere in the building or on the real property in\nwhich the housing accommodation is located, or is maliciously or by\nreason of gross negligence substantially damaging the housing\naccommodation, or causing substantial damage elsewhere in the b
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