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Rules of the City of New York § 3-18

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Rules of the City of New York § 3-18
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§ 3-18 Lease Termination and Renewals.

(a) Preliminary notice of grounds of eviction, administrative hearing and certificate of eviction. Except as otherwise provided in this subdivision, no eviction proceeding based upon a holdover or a breach of the terms of the lease or occupancy agreement shall be initiated by a housing company against a residential tenant / cooperator without the issuance of a certificate of eviction by HPD following an administrative hearing by an HPD designated hearing officer. The hearing officer's decision shall be final without recourse to an administrative appeal. Notwithstanding the foregoing, such hearing and certificate of eviction shall not be required for any eviction proceeding based upon non-payment of rent/carrying charges or any sum which constitutes rent or additional rent pursuant to the applicable lease or occupancy agreement. Furthermore, at HPD's sole discretion, such hearing and certificate of eviction may be waived in accordance with subdivision (e) of this section. To set an eviction hearing the housing company shall notify HPD in writing of the facts which it contends justify eviction, together with an affidavit stating that a preliminary notice of grounds for eviction has been served upon the tenant / cooperator as follows:

(1) The notice shall be sent to the tenant / cooperator by regular first class mail, and by certified or registered mail, return receipt requested; and

(2) A copy of the notice shall also be served by personal delivery to the tenant / cooperator; or by delivery to a person of suitable age and discretion occupying the apartment in question; or if admittance cannot be obtained and such person cannot be found, by affixing a copy upon the door or placing a copy under the door of the apartment.