(a) Grounds for eviction. The landlord of an IMD registered with the Loft Board may bring eviction proceedings against the residential occupant of a unit in a court of competent jurisdiction on any of the following grounds:
(1) that the unit is not the primary residence of such residential occupant, except that where a lease or rental agreement is in effect between the landlord and such residential occupant, the landlord may not seek to evict such occupant until such lease or rental agreement is no longer in effect; or
(2) that the residential occupant is committing or permitting a nuisance in such unit; or is maliciously or by reason of gross negligence substantially damaging the building; or his or her conduct is such as to interfere substantially with the comfort and safety of the landlord or of the other occupants of the same building or of adjacent buildings or structures; or
(3) any of the grounds for eviction specified in the Real Property Law or the Real Property Actions and Proceedings Law, to the extent that such grounds are not inconsistent with Article 7-C and any regulations promulgated by the Loft Board.
(b) Effect of eviction. Any unit which becomes vacant as a result of the eviction of a protected occupant or occupants pursuant to 29 RCNY § 2-08.1(a), supra, of these rules shall remain subject to all the requirements of Article 7-C, and rules and orders of the Loft Board, including the legalization requirements of § 284 of the Multiple Dwelling Law and rent guidelines issued by the Loft Board, except that the landlord may convert such unit to a non-residential conforming use, provided that the landlord file with the Loft Board a certified copy of an irrevocable recorded covenant in form satisfactory to the Loft Board, enforceable by the City of New York for fifteen (15) years from the date of recording, that the unit will not be re-converted to residential use during such time. When the conversion of such unit to a non-residential conforming use reduces the number of qualifying units below three, however, IMD status for such building and the remaining residential units covered under Article 7-C in such building, shall not be affected.
(c) Succession rights.
(1) Any family member, as defined in paragraph (3) of this subdivision, shall not be evicted under subparagraph (a) of 29 RCNY § 2-08.1 where the protected occupant has permanently vacated the IMD unit and such family member has resided with the protected occupant in the unit as a primary residence for a period of no less than two years, or where such person is a "senior citizen" or a "disabled person," as defined in paragraph (3) of this subdivision, for a period of no less than one year, immediately prior to the permanent vacating of the unit by the protected occupant, or from the inception of the occupancy or commencement of the relationship, if for less than such periods. The minimum periods of required residency set forth in this subdivision shall not be deemed to be interrupted by any period during which the "family member" temporarily relocates because he or she:
(i) is engaged in active military duty;
(ii) is enrolled as a full time student;
(iii) is not in residence at the unit pursuant to a court order not involving any term or provision of the lease, and not involving any grounds specified in the Real Property Actions and Proceedings Law;
(iv) is engaged in employment requiring temporary relocation from the housing unit;
(v) is hospitalized for medical treatment; or
(vi) has such other reasonable grounds that shall be determined by the Loft Board upon application by such person.
(2) On a form prescribed by the Loft Board, a protected occupant may, at any time, advise the landlord of, or a landlord may at any time, request from the protected occupant, the information required in subparagraphs (i) through (iv) of this paragraph (2). Failure of the protected occupant to provide such information to the landlord, regardless of whether the landlord requests the information, shall place upon all such persons not so made known to the landlord, who seek to exercise the right to protection from eviction as provided for in this subdivision, the affirmative obligation to establish such right. Such required information is as follows:
(i) the names of all persons other than the protected occupant who are residing in the unit; and
(ii) if such other person is a "family member" as defined in paragraph (3) of this subdivision; and
(iii) if such other person is, or upon the passage of the applicable minimum period of required residency, may become a person entitled to protection from eviction pursuant to paragraph (1) of this subdivision, and the date of the commencement of such person's primary residence with the protected occupant; and
(iv) if such other person is a "senior citizen" or a "disabled person" as defined in paragraph (3) of this subdivision.
(3) For the purposes of this subdivision:
(i) "family member" is defined as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the protected occupant; or any other person residing with the protected occupant in the IMD unit as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the protected occupant. Although no single factor shall be solely determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed, may include, without limitation, such factors as listed below. In no event would evidence of a sexual relationship between such persons be required or considered.
(A) longevity of the relationship;
(B) sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;
(C) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;
(D) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;
(E) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, conferring upon each other a power of attorney and/or authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.;
(F) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions;
(G) regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services;
(H) engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotionally committed relationship;
(ii) a "senior citizen" is defined as a person who is sixty-two years of age or older;
(iii) a "disabled person" is defined as a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities.
(4) Any persons in occupancy of an IMD unit on or after the effective date of this rule who has then been in occupancy for the minimum periods of required residency set forth in this subdivision shall have the benefits of succession rights.