When NYC landlords can legally evict rent-stabilized tenants

What happened

Brick Underground published an "Ask Altagracia" column on 11/11/2026 explaining when landlords in New York City can evict rent-stabilized tenants. The answers come from Altagracia Pierre-Outerbridge, an attorney and founder of Outerbridge Law P.C., which represents tenants, condo owners and landlords. The column lists six grounds: non-primary residence, lease violation, nuisance, nonpayment of rent, landlord occupation and demolition.

Nonpayment is the most common reason landlords pursue eviction, according to Pierre-Outerbridge. Tenants may withhold rent as leverage over repairs or lease issues, or they may be unable to pay. Some landlords agree to payment plans, and social services may help in some cases. A tenant who misses a payment plan or a payment set by a housing court judge may give the landlord grounds to evict. On primary residence, the column says tenants must live in the unit at least six months of the year under the rent stabilization code. Tenants accused of non-primary residence would need proof such as bank or credit card statements showing local purchases, or employment records. There are exceptions for caring for sick family members, job travel or medical issues. Pierre-Outerbridge said these cases have dropped since vacancy deregulation was repealed, because landlords have less financial incentive

Lease and law violations can still lead to eviction. Examples include illegal subletting, short-term rentals such as Airbnb, refusing the landlord access for maintenance, or keeping a pet the lease forbids. Illegal activity such as drug dealing or an unlicensed business can move into nuisance territory. Courts generally treat nuisances as ongoing problems, not one-off violations, and may let a tenant cure some issues, such as clutter that attracts pests, before ordering them out.

For demolition or gut renovation, the column says a landlord must show the financial ability to complete the project and city approval. These cases go to the state Division of Housing and Community Renewal (DHCR), not housing court. Tenants are entitled to stipends if the plan moves forward and may also negotiate a buyout. For owner use, 2019 rent reforms require a landlord to show "immediate and compelling necessity" to take back a single apartment, a standard Pierre-Outerbridge called "quite strict." She advises tenants served with a notice to seek a lawyer, since many cases can be resolved at the notice stage and some notices carry deadlines.