A landlord's remedy for tenant breach is to commence a special proceeding to recover possession.

• A. True
• B. False
• C. Only for nonpayment
• D. Only if there is a clause in the lease

Answer: (A)

In New York, eviction and regaining possession for a tenant breach are handled through a special proceeding. The landlord files a petition in court under RPAPL and CPLR Article 7 and moves for an order granting possession, which may lead to a warrant for eviction. This streamlined process covers holdover actions as well as breaches like nonpayment, and it does not depend on a lease clause to be available. So the statement is correct because the standard remedy to obtain possession when a tenant breaches is indeed a special proceeding to recover possession.