N.Y. Real Property Actions & Proceedings Law § 753

§ 753. Stay where tenant holds over in premises occupied for dwelling\npurposes in city of New York. 1. In a proceeding to recover the\npossession of premises in the city of New York occupied for dwelling\npurposes, other than a room or rooms in an hotel, lodging house, or\nrooming house, upon the ground that the occupant is holding over and\ncontinuing in possession of the premises after the expiration of his\nterm and without the permission of the landlord, or, in a case where a\nnew lessee is entitled to possession, without the permission of the new\nlessee, the court, on application of the occupant, may stay the issuance\nof a warrant and also stay any execution to collect the costs of the\nproceeding for a period of not more than six months, if it appears that\nthe premises are used for dwelling purposes; that the application is\nmade in good faith; that the applicant cannot within the neighborhood\nsecure suitable premises similar to those occupied by him and that he\nmade due and reasonable efforts to secure such other premises, or that\nby reason of other facts it would occasion extreme hardship to him or\nhis family if the stay were not granted.\n 2. Such stay shall be granted and continue effective only upon the\ncondition that the person against whom the judgment is entered shall\nmake a deposit in court of the entire amount, or such installments\nthereof from time to time as the court may direct, for the occupation of\nthe premises for the period of the stay, at the rate for which he was\nliable as rent for the month immediately prior to the expiration of his\nterm or tenency, plus such additional amount, if any, as the court may\ndetermine to be the difference between such rent and the reasonable rent\nor value of the use and occupation of the premises; such deposit shall\nalso include all rent unpaid by the occupant prior to the period of the\nstay. The amount of such deposit shall be determined by the court upon\nthe application for the stay and such determination shall be final and\nconclusive in respect to the amount of such deposit, and the amount\nthereof shall be paid into court, in such manner and in such\ninstallments, if any, as the court may direct. A separate account shall\nbe kept of the amount to the credit of each proceeding, and all such\npayments shall be deposited in a bank or trust company and shall be\nsubject to the check of the clerk of the court, if there be one, or\notherwise of the court. The clerk of the court, if there be one, and\notherwise the court shall pay to the landlord or his duly authorized\nagent, the amount of such deposit in accordance with the terms of the\nstay or the further order of the court.\n 3. The provisions of this section shall not apply to a proceeding\nwhere the petitioner shows to the satisfaction of the court that he\ndesires in good faith to recover the premises for the purpose of\ndemolishing same with the intention of constructing a new building,\nplans for which new building shall have been duly filed and approved by\nthe proper authority; nor shall it apply to a proceeding to recover\npossession upon the ground that an occupant is holding over and is\nobjectionable if the landlord shall establish to the satisfaction of the\ncourt that such occupant is objectionable.\n 4. In the event that such proceeding is based upon a claim that the\ntenant or lessee has breached a provision of the lease, the court shall\ngrant a ten day stay of issuance of the warrant, during which time the\nrespondent may correct such breach.\n 5. Any provision of a lease or other agreement whereby a lessee or\ntenant waives any provision of this section shall be deemed against\npublic policy and void.\n