There is a newer version of the New York Consolidated Laws
2010 New York Code
ERL - Emergency Housing Rent Control Law 274/46 337/61
Chapter 274 of the laws of 1946 and as amended generally by chapter 337
of the laws of 1961 Emergency housing rent control law
* Section 1. Declaration and findings; termination. 1. The legislature
hereby finds that a serious public emergency continues to exist in the
housing of a considerable number of persons in the state of New York
which emergency was created by war, the effects of war and the aftermath
of hostilities; that such emergency necessitated the intervention of
federal, state and local government in order to prevent speculative,
unwarranted and abnormal increases in rents; that there continues to
exist an acute shortage of dwellings; that unless residential rents and
evictions continue to be regulated and controlled, disruptive practices
and abnormal conditions will produce serious threats to the public
health, safety and general welfare; that to prevent such perils to
health, safety and welfare, preventive action by the legislature
continues to be imperative; that such action is necessary in order to
prevent exactions of unjust, unreasonable and oppressive rents and
rental agreements and to forestall profiteering, speculation and other
disruptive practices tending to produce threats to the public health;
that the transition from regulation to a normal market of free
bargaining between landlord and tenant, while still the objective of
state policy, must be administered with due regard for such emergency;
that in order to prevent uncertainty, hardship and dislocation, the
provisions of this act are declared to be necessary and designed to
protect the public health, safety and general welfare.
2. The provisions of this act, and all regulations, orders and
requirements thereunder shall remain in full force and effect until and
including June 15, 2011.
* NB Effective until June 16, 2011
* § 2. Definitions. When used in this act, unless a different meaning
clearly appears from the context, the following terms shall mean and
include:
1. "Commission". Prior to July first, nineteen hundred sixty-four, the
temporary state housing rent commission created by this act. On and
after July first, nineteen hundred sixty-four, the division of housing
and community renewal in the executive department.
2. "Housing accommodation." Any building or structure, permanent or
temporary, or any part thereof, occupied or intended to be occupied by
one or more individuals as a residence, home, sleeping place, boarding
house, lodging house or hotel, together with the land and buildings
appurtenant thereto, and all services, privileges, furnishings,
furniture and facilities supplied in connection with the occupation
thereof, including (a) entire structures or premises as distinguished
from the individual housing accommodations contained therein, wherein
twenty-five or less rooms are rented or offered for rent by any lessee,
sublessee or other tenant of such entire structure or premises, and (b)
housing accommodations which were previously exempt, or not subject to
control as a result of conversion or a change from a non-housing to a
housing use and which have subsequently been certified by a municipal
department having jurisdiction to be a fire hazard or in a continued
dangerous condition or detrimental to life or health but only so long as
such illegal or hazardous condition continues and further certification
with respect thereto shall not be required notwithstanding any
inconsistent provision of this act, and any plot or parcel of land which
had been rented prior to May first, nineteen hundred fifty, for the
purpose of permitting the tenant thereof to construct or place his own
dwelling thereon, unless exempt or excluded from control pursuant to any
other provision of this act, except that it shall not include structures
in which all of the housing accommodations are exempt or not subject to
control under this act or any regulation issued thereunder; or
(a) a hospital, convent, monastery, asylum, public institution, or
college or school dormitory or any institution operated exclusively for
charitable or educational purposes on a non-profit basis; or
(b) notwithstanding any previous order, finding, opinion or
determination of the commission, housing accommodations in any
establishment which on March first, nineteen hundred fifty, was and
still is commonly regarded as a hotel in the community in which it is
located and which customarily provides hotel services such as maid
service, furnishing and laundering of linen, telephone and secretarial
or desk service, use and upkeep of furniture and fixtures and bellboy
service, provided, however, that the term hotel shall not include any
establishment which is commonly regarded in the community as a rooming
house, nor shall it include any establishment not identified or
classified as a "hotel", "transient hotel" or "residential hotel"
pursuant to the federal act, irrespective whether such establishment
provides either some services customarily provided by hotels, or is
represented to be a hotel, or both; and provided further that housing
accommodations in hotels only within the cities of Buffalo and New York
which have been and still are occupied by a tenant who has resided in
such hotel continuously since December second, nineteen hundred
forty-nine, so long as such tenant occupies the same, shall continue to
remain subject to control under this act; or
(c) any motor court, or any part thereof; any trailer, or trailer
space used exclusively for transient occupancy or any part thereof; or
any tourist home serving transient guests exclusively, or any part
thereof; or
(d) nonhousekeeping, furnished housing accommodations, located within
a single dwelling unit not used as a rooming or boarding house, but only
if (1) no more than two tenants for whom rent is paid (husband and wife
being considered one tenant for this purpose), not members of the
landlord's immediate family live in such dwelling unit, and (2) the
remaining portion of such dwelling unit is occupied by the landlord or
his immediate family; or
(e) housing accommodations operated by the United States, the state of
New York, or any political subdivision thereof, or by any municipal or
public authority, only so long as they are so operated; or housing
accommodations in buildings in which rentals are fixed by or subject to
the supervision of the commissioner of housing and community renewal
pursuant to powers granted under laws other than the emergency housing
rent control law;
(f) housing accommodations in buildings operated exclusively for
charitable purposes on a non-profit basis; or
(g) housing accommodations which were completed on or after February
first, nineteen hundred forty-seven, provided, however, that maximum
rents established under the veterans emergency housing act for priority
constructed housing accommodations completed on or after February first,
nineteen hundred forty-seven, shall continue in full force and effect,
if such accommodations are being rented to veterans of world war II or
their immediate families, who, on June thirtieth, nineteen hundred
forty-seven, either occupied such housing accommodations or had a right
to occupy such housing accommodations at any time on or after July
first, nineteen hundred forty-seven, under any agreement whether written
or oral; or which are (1) housing accommodations created by a change
from a non-housing to a housing use on or after February first, nineteen
hundred forty-seven, or which are (2) additional housing accommodations,
other than rooming house accommodations, created by conversion on or
after February first, nineteen hundred forty-seven; provided, however,
that any housing accommodations created as a result of any conversion of
housing accommodations on or after May first, nineteen hundred fifty,
shall continue to be subject to rent control as provided for herein
unless the commission issues an order decontrolling them which it shall
do if there has been a structural change involving substantial
alterations or remodeling and such change has resulted in additional
housing accommodations consisting of self-contained family units as
defined by regulations issued by the commission; provided further,
however, that such order of decontrol shall not apply to that portion of
the original housing accommodation occupied by a tenant in possession at
the time of the conversion but only so long as that tenant continues in
occupancy; and provided further, that no such order of decontrol shall
be issued unless such conversion occurred after the entire structure, or
any lesser portion thereof as may have been thus converted, was vacated
by voluntary surrender of possession or in the manner provided in
section five of this act; or
(h) housing accommodations which are rented after April first,
nineteen hundred fifty-three, and have been continuously occupied by the
owner thereof for a period one year prior to the date of renting;
provided, however, that this paragraph shall not apply where the owner
acquired possession of the housing accommodation after the issuance of a
certificate of eviction under subdivision two of section five of this
act within the two year period immediately preceding the date of such
renting, and provided further, that this exemption shall remain
effective only so long as the housing accommodations are not occupied
for other than single family occupancy; or
(i) housing accommodations which become vacant provided, however, that
this exemption shall not apply or become effective where the commission
determines or finds that the housing accommodations became vacant
because the landlord or any person acting on his behalf, with intent to
cause the tenant to vacate, engaged in any course of conduct (including,
but not limited to, interruption or discontinuance of essential
services) which interfered with or disturbed or was intended to
interfere with or disturb the comfort, repose, peace or quiet of the
tenant in his use or occupancy of the housing accommodations; and
further provided that housing accommodations as to which a housing
emergency has been declared pursuant to the emergency tenant protection
act of nineteen seventy-four shall be subject to the provisions of such
act for the duration of such emergency; or
(j) housing accommodations (not otherwise exempt or excluded from
control) in two family houses occupied in whole or in part by the owner
thereof, and in one family houses whether or not so occupied, on and
after July first, nineteen hundred fifty-five, in the counties of
Monroe, Nassau, Oneida, Onondaga and Schenectady, and, on and after July
first, nineteen hundred fifty-seven, any housing accommodations in the
county of Onondaga containing four rental units or less, provided,
however, that this exemption with respect to one and two family houses
shall remain effective only so long as the housing accommodations are
not occupied for other than single family occupancy, and provided
further, however, that this exemption shall become or remain effective
in any city or town within the counties of Monroe, Oneida or Schenectady
subject to the provisions of subdivision four of section twelve hereof
providing for the continuance or reestablishment of controls with
respect to such housing accommodations therein; or
(k) housing accommodations (not otherwise exempt or excluded from
control) elsewhere than in the city of New York, except housing
accommodations used as boarding houses or rooming houses in the county
of Westchester, which are or become vacant on or after July first,
nineteen hundred fifty-seven, provided, however, that this exemption
shall not apply or become effective in any case where the vacancy in the
housing accommodations occurred or occurs because of the removal of the
tenant to another housing accommodation in the same building, or because
of the eviction of the tenant after the issuance of a final order in a
summary proceeding to recover possession of the housing accommodation,
whether after a trial of the issues or upon the consent or default of
the tenant or otherwise without a trial, and provided, further, however
that this exemption shall become effective in any city or town subject
to the provisions of subdivision five of section twelve hereof providing
for the continuance of control with respect to such housing
accommodations, and provided further, that this exemption shall remain
effective only so long as the housing accommodations are not occupied
for other than single family occupancy.
(l) housing accommodations which are not occupied by the tenant in
possession as his or her primary residence provided, however, that any
such housing accommodation shall continue to be subject to rent control
as provided herein unless the commission issues an order decontrolling
such accommodation which the commission shall do upon application by the
landlord, whenever it is established by any facts and circumstances
which, in the judgment of the commission, may have a bearing upon the
question of residence, that the tenant maintains his or her primary
residence at some place other than at such housing accommodation. For
the purposes of determining primary residency, a tenant who is a victim
of domestic violence, as defined in section four hundred fifty-nine-a of
the social services law, who has left the unit because of such violence,
and who asserts an intent to return to the housing accommodation shall
be deemed to be occupying the unit as his or her primary residence.
(m) upon the issuance of an order of decontrol by the division,
housing accommodations which: (1) are occupied by persons who have a
total annual income in excess of one hundred seventy-five thousand
dollars in each of the two preceding calendar years, as defined in and
subject to the limitations and process set forth in section two-a of
this law; and (2) have a maximum rent of two thousand dollars or more
per month.
(n) any housing accommodation with a maximum rent of two thousand
dollars or more per month at any time between the effective date of this
paragraph and October first, nineteen hundred ninety-three which is or
becomes vacant on or after the effective date of this paragraph, or any
housing accommodation with a maximum rent of two thousand dollars or
more per month at any time on or after the effective date of the rent
regulation reform act of 1997 which is or becomes vacant on or after the
effective date of the rent regulation reform act of 1997. This exclusion
shall apply regardless of whether the next tenant in occupancy or any
subsequent tenant in occupancy actually is charged or pays less than two
thousand dollars a month. This exclusion shall not apply, however, to or
become effective with respect to housing accommodations which the
commissioner determines or finds that the landlord or any person acting
on his or her behalf, with intent to cause the tenant to vacate, has
engaged in any course of conduct (including, but not limited to,
interruption or discontinuance of required services) which interfered
with or disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his or her use or
occupancy of the housing accommodations and in connection with such
course of conduct, any other general enforcement provision of this law
shall also apply.
2-a. The landlord of a housing accommodation specified in paragraph
(h) or (i) or (j) or (k) of subdivision two of this section shall file a
report with the commission within thirty days following the date of
first rental of such accommodation after decontrol. No copy of such
report shall be required to be served upon the new tenant of such
housing accommodation.
3. "Rent." Consideration, including any bonus, benefit or gratuity
demanded or received for or in connection with the use or occupancy of
housing accommodations or the transfer of a lease of such housing
accommodations.
4. "Maximum rent." The maximum lawful rent for the use of housing
accommodations. Maximum rents may be formulated in terms of rents and
other charges and allowances.
5. "Person." An individual, corporation, partnership, association, or
any other organized group of individuals or the legal successor or
representative of any of the foregoing.
6. "Landlord." An owner, lessor, sublessor, assignee, or other person
receiving or entitled to receive rent for the use or occupancy of any
housing accommodation or an agent of any of the foregoing.
7. "Tenant." A tenant, subtenant, lessee, sublessee, or other person
entitled to the possession or to the use or occupancy of any housing
accommodation.
8. "Documents." Records, books, accounts, correspondence, memoranda
and other documents, and drafts and copies of any of the foregoing.
9. "Municipality." A city, town or village.
10. "Local governing body."
a. In the case of a city, the council, common council or board of
aldermen and the board of estimate, board of estimate and
apportionment or board of estimate and contract, if there be one.
b. In the case of a town, the town board.
c. In the case of a village, the board of trustees.
11. "Local laws." The local laws specified in chapter one of the laws
of nineteen hundred fifty, namely local laws numbers twenty-one,
twenty-three, twenty-four, twenty-five and seventy-three of the local
laws of the city of New York for the year nineteen hundred forty-nine;
and local law number three of the city of Buffalo for the year nineteen
hundred forty-seven.
12. "Federal act." The emergency price control act of nineteen hundred
forty-two, and as thereafter amended and as superseded by the housing
and rent act of nineteen hundred forty-seven, and as the latter was
thereafter amended prior to May first, nineteen hundred fifty, and
regulations adopted pursuant thereto.
* NB Effective until June 16, 2011
* § 2-a. (a) For purposes of this section, annual income shall mean
the federal adjusted gross income as reported on the New York state
income tax return. Total annual income means the sum of the annual
incomes of all persons who occupy the housing accommodation as their
primary residence on other than a temporary basis, excluding bona fide
employees of such occupants residing therein in connection with such
employment and excluding bona fide subtenants in occupancy pursuant to
the provisions of section two hundred twenty-six-b of the real property
law. In the case where a housing accommodation is sublet, the annual
income of the sublessor shall be considered.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the maximum rent is two thousand
dollars or more per month may provide the tenant or tenants residing
therein with an income certification form prepared by the division of
housing and community renewal on which such tenant or tenants shall
identify all persons referred to in subdivision (a) of this section and
shall certify whether the total annual income is in excess of one
hundred seventy-five thousand dollars in each of the two preceding
calendar years. Such income certification form shall state that the
income level certified to by the tenant may be subject to verification
by the department of taxation and finance pursuant to section one
hundred seventy-one-b of the tax law and shall not require disclosure of
any income information other than whether the aforementioned threshold
has been exceeded. Such income certification form shall clearly state
that: (i) only tenants residing in housing accommodations which had a
maximum rent of two thousand dollars or more per month are required to
complete the certification form; (ii) that tenants have protections
available to them which are designed to prevent harassment; (iii) that
tenants are not required to provide any information regarding their
income except that which is requested on the form and may contain such
other information the division deems appropriate. The tenant or tenants
shall return the completed certification to the owner within thirty days
after service upon the tenant or tenants. In the event that the total
annual income as certified is in excess of one hundred seventy-five
thousand dollars in each such year, the owner may file the certification
with the state division of housing and community renewal on or before
June thirtieth of such year. Upon filing such certification with the
division, the division shall, within thirty days after the filing, issue
an order of decontrol providing that such housing accommodations shall
not be subject to the provisions of this law as of the first day of June
in the year next succeeding the filing of the certification by the
owner. A copy of such order shall be mailed by regular and certified
mail, return receipt requested, to the tenant or tenants and a copy
thereof shall be mailed to the owner.
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the
certification returned by the tenant or tenants, the owner may, on or
before June thirtieth of such year, petition the state division of
housing and community renewal to verify, pursuant to section one hundred
seventy-one-b of the tax law, whether the total annual income exceeds
one hundred seventy-five thousand dollars in each of the two preceding
calendar years. Within twenty days after the filing of such request with
the division, the division shall notify the tenant or tenants that such
tenant or tenants must provide the division with such information as the
division and the department of taxation and finance shall require to
verify whether the total annual income exceeds one hundred seventy-five
thousand dollars in each such year. The division's notification shall
require the tenant or tenants to provide the information to the division
within sixty days of service upon such tenant or tenants and shall
include a warning in bold faced type that failure to respond will result
in an order of decontrol being issued by the division for such housing
accommodation.
2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred seventy-five thousand dollars
in each of the two preceding calendar years, the division shall, on or
before November fifteenth of such year, notify the owner and tenants of
the results of such verification. Both the owner and the tenants shall
have thirty days within which to comment on such verification results.
Within forty-five days after the expiration of the comment period, the
division shall, where appropriate, issue an order of decontrol providing
that such housing accommodation shall not be subject to the provisions
of this law as of the first day of March in the year next succeeding the
filing of the owner's petition with the division. A copy of such order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order of
decontrol providing that such housing accommodation shall not be subject
to the provisions of this law as of the first day of March in the year
next succeeding the last day on which the tenant or tenants were
required to provide the information required by such paragraph. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
(d) This section shall apply only to paragraph (m) of subdivision two
of section two of this law.
(e) Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market rent, which for the
purposes of this section means a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of such
tenant.
* NB Effective until June 16, 2011
* § 3. Temporary state housing rent commission. 1. There is hereby
created a temporary state commission, to be known as the temporary state
housing rent commission. Such commission shall consist of one
commissioner, to be known as the state rent administrator, who shall be
appointed by the governor, by and with the advice and consent of the
senate, and who shall serve during the pleasure of the governor. He
shall receive an annual salary to be provided by law. He shall be
entitled to his expenses actually and necessarily incurred by him in the
performance of his duties.
2. The commission shall establish and maintain such offices within the
state as the commission may deem necessary, and shall designate one of
them as its principal office. The commission may appoint such officers,
counsel, employees and agents as the commission may deem necessary, fix
their compensation within the limitations provided by law, and prescribe
their duties. All employees of the commission shall be appointed in
accordance with the provisions of the civil service law and rules.
3. Any officer or employee under federal or municipal civil service
selected by the commission may, with the consent of the appropriate
governmental agency by which he is or has been employed, be transferred
without further examination or qualification to comparable offices,
positions and employment under the commission. Any such officer or
employee who has been appointed to an office or position under the rules
and classifications of the state or any municipal civil service
commission, shall retain, upon such transfer, the civil service
classification and status which he had prior to such transfer. Any such
officer or employee who at the time of transfer has a temporary or
provisional appointment shall be subject to removal, examination or
termination as though such transfer had not been made. The commission
may, by agreement with the appropriate federal agency and state civil
service commission, make similar provision for any federal officer or
employee so transferred. Notwithstanding the provisions of any other
law, any such officer or employee so transferred, pursuant to the
provisions of this section, who is a member or beneficiary under any
existing municipal pension or retirement system, shall continue to have
all rights, privileges, obligations and status with respect to such
fund, system or systems as are now prescribed by law, but during the
period of his employment by the commission, all contributions to any
pension or retirement fund or system to be paid by the employer on
account of such officer or employee, shall be paid by the commission.
The commission may by agreement with the appropriate federal agency,
make similar provisions relating to retirement for any federal officer
or employee so transferred.
* NB Effective until June 16, 2011
* § 4. General powers and duties of the commission. 1. At the time
this act shall become effective, the commission shall establish maximum
rents which shall be
(a) for housing accommodations outside the city of New York, the
maximum rent which was established on March first, nineteen hundred
fifty, pursuant to the federal act, and shall not include adjustments
granted by orders issued under the federal act after that date,
regardless of whether they were made effective as of, or retroactive to,
that date or a date prior thereto; and
(b) for housing accommodations within the city of New York, the
maximum rent which was established on March first, nineteen hundred
fifty, pursuant to the federal act, and shall not include either, (1)
adjustments granted by orders issued under the federal act after that
date, regardless of whether they were made effective as of, or
retroactive to, that date or a date prior thereto, or (2) adjustments
granted by orders increasing the maximum rent, issued after March first,
nineteen hundred forty-nine, under the federal act, regardless of
whether the order of increase was made effective as of, or retroactive
to, March first, nineteen hundred forty-nine, or a date prior thereto,
but shall include adjustments for new or additional services or
facilities provided by the landlord while the housing accommodations
were not rented or where tenant-occupied, to which the tenant then in
possession had agreed, either expressly or impliedly; and
(c) for housing accommodations within the cities of New York and
Buffalo which on March first, nineteen hundred fifty, had no maximum
rent established pursuant to the federal act, but which were subject to
a maximum rent established pursuant to the local laws of the cities of
New York and Buffalo, the maximum rent which was established on March
first, nineteen hundred fifty, pursuant to such local laws.
2. Whenever the commission determines that such action is necessary to
effectuate the purposes of this act, it may also establish maximum rents
for housing accommodations, as that term is defined herein, in
municipalities in which no maximum rent was in effect on March first,
nineteen hundred fifty. Any housing accommodation for which a maximum
rent is so established shall be deemed a housing accommodation for all
the purposes, and subject to all the provisions of this act.
2-a. For housing accommodations created by a change from a non-housing
to a housing use or by conversion on or after February first, nineteen
hundred forty-seven, including those decontrolled by order, and
certified by a municipal department having jurisdiction to be a fire
hazard or in a continued dangerous condition or detrimental to life or
health, the maximum rent shall be the rent charged on January first,
nineteen hundred fifty-seven, or the date of first rental, whichever is
later. Any housing accommodations for which a maximum rent is so
established shall be deemed a housing accommodation for all the
purposes, and subject to all the provisions of this act, but only so
long as such illegal or hazardous condition continues and further
certification with respect thereto shall not be required notwithstanding
any inconsistent provision of this act.
2-b. Provision shall be made pursuant to regulations prescribed by the
commission for the establishment, adjustment and modification of maximum
rents in rooming houses, which shall include those housing
accommodations subject to control pursuant to the provisions of
paragraph (b) of subdivision two of section two of this act, having
regard for any factors bearing on the equities involved, consistent with
the purposes of this act to correct speculative, abnormal and
unwarranted increases in rent.
3. Whenever the foregoing standard is not susceptible of application
to a housing accommodation to which this act applies, and for which no
maximum rent was established on March first, nineteen hundred fifty, or
where no registration statement had been filed as had been required by
the federal act, the maximum rent thereof shall be fixed by the
commission, having regard to the maximum rents for comparable housing
accommodations or any other factors bearing on the equities involved,
consistent with the purposes of this act.
3-a. Notwithstanding the foregoing provisions of this section, on and
after May first, nineteen hundred fifty-three, the maximum rent for any
housing accommodations shall not be less than the maximum rent in effect
on March first, nineteen hundred forty-three (or if there was no such
maximum rent then in effect, the maximum rent first established pursuant
to the federal act prior to July first, nineteen hundred forty-seven)
plus fifteen per centum thereof as such sum is adjusted to reflect:
(1) the amount of any decreases in maximum rent required by order
because of decreases in dwelling space, services, furniture, furnishings
or equipment, or substantial deterioration or failure to properly
maintain such housing, and
(2) the amount of increases in maximum rent authorized by order
because of increases in dwelling space, services, furniture, furnishings
or equipment, or major capital improvements.
Nothing contained in this subdivision, however, shall have the effect
of increasing the maximum rent of any housing accommodation more than
fifteen per centum above the maximum rent in effect on April thirtieth,
nineteen hundred fifty-three.
4. (a) The commission may from time to time adopt, promulgate, amend
or rescind such rules, regulations and orders as it may deem necessary
or proper to effectuate the purposes of this act, including practices
relating to recovery of possession; provided that such regulations can
be put into effect without general uncertainty, dislocation and hardship
inconsistent with the purposes of this act; and provided further that
such regulations shall be designed to maintain a system of rent controls
at levels which, in the judgment of the commission, are generally fair
and equitable and which will provide for an orderly transition from and
termination of emergency controls without undue dislocations,
inflationary price rises or disruption. Provision shall be made pursuant
to regulations prescribed by the commission, for individual adjustment
of maximum rents where the rental income from a property yields a net
annual return of less than seven and one-half per centum of the
valuation of the property. Such valuation shall be the current assessed
valuation established by a city, town or village, which is in effect at
the time of the filing of the application for an adjustment under this
subparagraph properly adjusted by applying thereto the ratio which such
assessed valuation bears to the full valuation as determined by the
state board of equalization and assessment on the basis of assessment
rolls of cities, towns and villages for the year nineteen hundred
fifty-four and certified for such year by such board pursuant to section
forty-nine-d of the tax law; provided, however, that where at the time
of the filing of the application for an adjustment under this
subparagraph such board has computations for such year indicating a
different ratio for subclasses of residential property in a city, town
or village, the commission shall give due consideration to such
different ratio except ratios in excess of one hundred percent,
provided, further, that where such board has not determined and
certified any ratio pursuant to such section of such law for a city,
town or village for such year, the commission shall apply the ratio
determined or certified by such board pursuant to section twelve hundred
twelve of the real property tax law for the most recent year; except
where there has been a bona fide sale of the property within the period
between March fifteenth, nineteen hundred fifty-seven, and the time of
the filing of the application, as the result of a transaction at arms'
length, on normal financing terms at a readily ascertainable price and
unaffected by special circumstances such as a forced sale, exchange of
property, package deal, wash sale or sale to cooperative; provided,
however, that where there has been more than one such bona fide sale
within a period of two years prior to the date of the filing of such
application the commission shall disregard the most recent of such sales
if a prior sale within such two-year period was adopted as the valuation
of the property in a proceeding under this subparagraph. In determining
whether a sale was on normal financing terms, the commission shall give
due consideration to the following factors:
(i) The ratio of the cash payment received by the seller to (a) the
sales price of the property and (b) the annual gross income from the
property;
(ii) The total amount of the outstanding mortgages which are liens
against the property (including purchase money mortgages) as compared
with the equalized assessed valuation of the property;
(iii) The ratio of the sales price to the annual gross income of the
property, with consideration given to the total amount of rent
adjustments previously granted, exclusive of rent adjustments because of
changes in dwelling space, services, furniture, furnishings or
equipment, major capital improvements, or substantial rehabilitation;
(iv) The presence of deferred amortization in purchase money
mortgages, or the assignment of such mortgages at a discount;
(v) Any other facts and circumstances surrounding such sale which, in
the judgment of the commission, may have a bearing upon the question of
financing.
No application for adjustment of maximum rent based upon a sales price
valuation shall be filed by the landlord under this subparagraph prior
to six months from the date of such sale of the property. In addition,
no adjustment ordered by the commission based upon such sales price
valuation shall be effective prior to one year from the date of such
sale. Where, however, the assessed valuation of the land exceeds four
times the assessed valuation of the buildings thereon, the commission
may determine a valuation of the property equal to five times the
equalized assessed valuation of the buildings, for the purposes of this
subparagraph. The commission may make a determination that the valuation
of the property is an amount different from such equalized assessed
valuation where there is a request for a reduction in such assessed
valuation currently pending; or where there has been a reduction in the
assessed valuation for the year next preceding the effective date of the
current assessed valuation in effect at the time of the filing of the application. Net annual return shall be the amount by which the earned income exceeds the operating expenses of the property, excluding mortgage interest and amortization, and excluding allowances for obsolescence and reserves, but including an allowance for depreciation of two per centum of the value of the buildings exclusive of the land, or the amount shown for depreciation of the buildings in the latest required federal income tax return, whichever is lower; provided, however, that no allowance for depreciation of the buildings shall be included where the buildings have been fully depreciated for federal income tax purposes or on the books of the owner; or (2) the landlord who owns no more than four rental units within the state has not been fully compensated by increases in rental income sufficient to offset unavoidable increases in property taxes, fuel, utilities, insurance and repairs and maintenance, excluding mortgage interest and amortization, and excluding allowances for depreciation, obsolescence and reserves, which have occurred since the federal date determining the maximum rent or the date the property was acquired by the present owner, whichever is later; or (3) the landlord operates a hotel or rooming house or owns a cooperative apartment and has not been fully compensated by increases in rental income from the controlled housing accommodations sufficient to offset unavoidable increases in property taxes and other costs as are allocable to such controlled housing accommodations, including costs of operation of such hotel or rooming house, but excluding mortgage interest and amortization, and excluding allowances for depreciation, obsolescence and reserves, which have occurred since the federal date determining the maximum rent or the date the landlord commenced the operation of the property, whichever is later; or (4) the landlord and tenant voluntarily enter into a valid written lease in good faith with respect to any housing accommodation, which lease provides for an increase in the maximum rent not in excess of fifteen per centum and for a term of not less than two years, except that where such lease provides for an increase in excess of fifteen per centum, the increase shall be automatically reduced to fifteen per centum; or (5) the landlord and tenant by mutual voluntary written agreement agree to a substantial increase or decrease in dwelling space or a change in the services, furniture, furnishings or equipment provided in the housing accommodations; provided that an owner shall be entitled to a rent increase where there has been a substantial modification or increase of dwelling space or an increase in the services, or installation of new equipment or improvements or new furniture or furnishings provided in or to a tenant's housing accommodation. The permanent increase in the maximum rent for the affected housing accommodation shall be one-fortieth of the total cost incurred by the landlord in providing such modification or increase in dwelling space, services, furniture, furnishings or equipment, including the cost of installation, but excluding finance charges provided further that an owner who is entitled to a rent increase pursuant to this clause shall not be entitled to a further rent increase based upon the installation of similar equipment, or new furniture or furnishings within the useful life of such new equipment, or new furniture or furnishings. The owner shall give written notice to the commission of any such adjustment pursuant to this clause; or (6) there has been, since March first, nineteen hundred fifty, an increase in the rental value of the housing accommodations as a result of a substantial rehabilitation of the building or housing accommodation therein which materially adds to the value of the property or appreciably prolongs its life, excluding ordinary repairs, maintenance and replacements; or (7) there has been since March first, nineteen
hundred fifty, a major capital improvement required for the operation,
preservation or maintenance of the structure; or (8) there has been
since March first, nineteen hundred fifty, in structures containing more
than four housing accommodations, other improvements made with the
express consent of the tenants in occupancy of at least seventy-five per
centum of the housing accommodations, provided, however, that no
adjustment granted hereunder shall exceed fifteen per centum unless the
tenants have agreed to a higher percentage of increase, as herein
provided; or (9) there has been, since March first, nineteen hundred
fifty, a subletting without written consent from the landlord or an
increase in the number of adult occupants who are not members of the
immediate family of the tenant, and the landlord has not been
compensated therefor by adjustment of the maximum rent by lease or order
of the commission or pursuant to the federal act; or (10) the presence
of unique or peculiar circumstances materially affecting the maximum
rent has resulted in a maximum rent which is substantially lower than
the rents generally prevailing in the same area for substantially
similar housing accommodations.
In addition to the filing of written statements setting forth the
final rate of equalization concerning assessment rolls of cities, towns
and villages, after determination thereof by the state board of
equalization and assessment, with the appropriate officials as now
required by law, such board shall also file a copy of each such
statement, duly certified, in so far as they relate to cities, towns and
villages subject to rent control pursuant to this act, with the state
rent administrator and the chairman of the temporary state commission to
study rents and rental conditions. Where such board has made
computations indicating a different ratio for subclasses of residential
property, such information shall also be filed with such rent
administrator and the chairman of such temporary state commission.
(b) The total of all adjustments ordered by the commission pursuant to
(1) and (3) of paragraph (a) of subdivision four hereof for any
individual housing accommodations shall not exceed fifteen per centum
for any twelve month period; provided, however, that in ordering an
adjustment pursuant to (1), the commission may waive this limitation
where a greater increase is necessary to make the earned income of the
property equal to its operating expense; provided further, however, that
the maximum rents subject to the allocation requirement of paragraph (c)
hereof shall be increased by such further additional amount during each
succeeding twelve-month period, not exceeding fifteen per centum of the
maximum rent in effect on the effective date of the original order of
adjustment, until the maximum rents for the property shall reflect the
net annual return provided for pursuant to (1) hereof, but in no event,
however, shall the total increase ordered for a succeeding twelve-month
period be more than an additional three per centum of the maximum rent
in effect on the effective date of the original order of adjustment
unless a new application be filed by the landlord.
The commission shall compile and make available for public inspection
at reasonable hours at its principal office and at each appropriate
local office, and shall file with the chairman of the temporary state
commission to study rents and rental conditions the manual of accounting
procedures and advisory bulletins applicable to applications under (1),
(2) and (3) hereof, and all amendments thereto.
(c) Any increase in maximum rent shall be apportioned equitably among
all the controlled housing accommodations in the property. In making
such apportionment and in fixing the increases in maximum rents the
commission shall give due consideration (1) to all previous adjustments
or increases in maximum rents by lease or otherwise; and (2) to all
other income derived from the property, including income from space and
accommodations not controlled, or the rental value thereof if vacant or
occupied rent-free, so that there is allocated to the controlled housing
accommodations therein only that portion of the amount of increase
necessary pursuant to (1), (2) or (3) of paragraph (a) of subdivision
four hereof, as is properly attributable to such controlled
accommodations.
(d) No landlord shall be entitled to any increase in the maximum rent
unless he certifies that he is maintaining all essential services
furnished or required to be furnished as of the date of the issuance of
the order adjusting the maximum rent and that he will continue to
maintain such services so long as the increase in such maximum rent
continues in effect; nor shall any landlord be entitled to any increase
in the maximum rent in any case where a municipal department having
jurisdiction certifies that the housing accommodation is a fire hazard
or is in a continued dangerous condition or detrimental to life or
health, or is occupied in violation of law.
(e) Before ordering any adjustment in maximum rents, a reasonable
opportunity to be heard thereon shall be accorded the tenant and the
landlord.
5. (a) Whenever in the judgment of the commission such action is
necessary or proper in order to effectuate the purposes of this act, the
commission may, by regulation or order, regulate or prohibit speculative
or manipulative practices or renting or leasing practices, including
practices relating to recovery of possession, which in the judgment of
the commission are equivalent to or are likely to result in rent
increases inconsistent with the purposes of this act.
(b) Whenever in the judgment of the commission such action is
necessary or proper in order to effectuate the purposes of this act, the
commission may provide regulations to assure the maintenance of the same
living space, essential services, furniture, furnishings and equipment
as were provided on the date determining the maximum rent, and the
commission shall have power by regulation or order to decrease the
maximum rent for any housing accommodation with respect to which a
maximum rent is in effect, pursuant to this act if it shall find that
the living space, essential services, furniture, furnishings or
equipment to which the tenant was entitled on such date has been
decreased. The amount of the decrease in maximum rent ordered by the
commission under this paragraph shall be reduced by any credit,
abatement or offset in rent which the tenant has received pursuant to
section two hundred thirty-five-b of the real property law, that relates
to one or more conditions covered by such order.
(c) Whenever any municipal department having jurisdiction certifies
that any housing accommodation is a fire hazard or is in a continued
dangerous condition or detrimental to life or health, or is occupied in
violation of law, the commission may issue an order decreasing the
maximum rent of such housing accommodation in such amount as it deems
necessary or proper, until the said municipal department has certified
that the illegal or hazardous condition has been removed.
6. Any regulation or order issued pursuant to this section may be
established in such form and manner, may contain such classifications
and differentiations, and may provide for such adjustments and
reasonable exceptions as in the judgment of the commission are necessary
or proper in order to effectuate the purposes of this act. No increase
or decrease in maximum rent shall be effective prior to the date on
which the order therefor is issued.
7. Regulations, orders, and requirements under this act may contain
such provisions as the commission deems necessary to prevent the
circumvention or evasion thereof.
8. The powers granted in this section shall not be used or made to
operate to compel changes in established rental practices, except where
such action is affirmatively found by the commission to be necessary to
prevent circumvention or evasion of any regulation, order, or
requirements under this act.
* NB Effective until June 16, 2011
* § 5. Evictions. 1. So long as the tenant continues to pay the rent
to which the landlord is entitled, no tenant shall be removed from any
housing accommodation with respect to which a maximum rent is in effect
pursuant to this act by action to evict or to recover possession, by
exclusion from possession, or otherwise, nor shall any person attempt
such removal or exclusion from possession notwithstanding the fact that
the tenant has no lease or that his lease, or other rental agreement has
expired or otherwise terminated, notwithstanding any contract, lease
agreement or obligation heretofore or hereafter entered into which
provides for surrender of possession, or which otherwise provides
contrary hereto, except on one or more of the following grounds, or
unless the landlord has obtained a certificate of eviction pursuant to
subdivision two of this section:
(a) the tenant is violating a substantial obligation of his tenancy
other than the obligation to surrender possession of such housing
accommodation and has failed to cure such violation after written notice
by the landlord that the violation cease within ten days, or within the
three month period immediately prior to the commencement of the
proceeding the tenant has wilfully violated such an obligation
inflicting serious and substantial injury to the landlord; or
(b) the tenant is committing or permitting a nuisance in such housing
accommodation; or is maliciously or by reason of gross negligence
substantially damaging the housing accommodations; or his conduct is
such as to interfere substantially with the comfort or safety of the
landlord or of other tenants or occupants of the same or other adjacent
building or structure; or
(c) occupancy of the housing accommodations by the tenant is illegal
because of the requirements of law, and the landlord is subject to civil
or criminal penalties therefor, or both; or
(d) the tenant is using or permitting such housing accommodation to be
used for an immoral or illegal purpose; or
(e) the tenant who had a written lease or other written rental
agreement which terminates on or after May first, nineteen hundred
fifty, has refused upon demand of the landlord to execute a written
extension or renewal thereof for a further term of like duration not in
excess of one year but otherwise on the same terms and conditions as the
previous lease except in so far as such terms and conditions are
inconsistent with this act; or
(f) the tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of making necessary repairs or
improvements required by law or for the purpose of inspection or of
showing the accommodations to a prospective purchaser, mortgagee or
prospective mortgagee, or other person having a legitimate interest
therein; provided, however, that in the latter event such refusal shall
not be ground for removal or eviction if such inspection or showing of
the accommodations is contrary to the provisions of the tenant's lease
or other rental agreement.
2. No tenant shall be removed or evicted on grounds other than those
stated in subdivision one of this section unless on application of the
landlord the commission shall issue an order granting a certificate of
eviction in accordance with its rules and regulations, designed to
effectuate the purposes of this act, permitting the landlord to pursue
his remedies at law. The commission shall issue such an order whenever
it finds that:
(a) the landlord seeks in good faith to recover possession of housing
accommodations because of immediate and compelling necessity for his own
personal use and occupancy or for the use and occupancy of his immediate
family; provided, however, this subdivision shall not apply where a
member of the household lawfully occupying the housing accommodation is
sixty-two years of age or older, has been a tenant in a housing
accommodation in that building for twenty years or more, or 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 prevent the tenant from engaging in any substantial gainful
employment; or
(b) the landlord seeks in good faith to recover possession of housing
accommodations for which the tenant's lease or other rental agreement
has expired or otherwise terminated, and at the time of termination the
occupants of the housing accommodations are subtenants or other persons
who occupied under a rental agreement with the tenant, and no part of
the accommodation is used by the tenant as his dwelling; or
(c) the landlord seeks in good faith to recover possession of the
housing accommodations for the immediate purpose of substantially
altering or remodeling them, provided that the landlord shall have
secured such approval therefor as is required by law and the commission
determines that the issuance of the order granting the certificate of
eviction is not inconsistent with the purpose of this act; or
(d) the landlord seeks in good faith to recover possession of the
housing accommodations for the immediate purpose of demolishing them and
the commission determines (i) that such demolition is to be used for the
purpose of constructing new buildings or structures containing at least
twenty per centum more housing accommodations consisting of
self-contained family units than are contained in the structure to be
demolished; provided, however, where as a result of conditions
detrimental to life or health of the tenants, violations have been
placed upon the structure containing the housing accommodations by the
local authorities having jurisdiction over such matters and the cost of
removing such violations would substantially equal or exceed the
assessed valuation of the structure, the new buildings or structures
shall only be required to make provision for a greater number of housing
accommodations consisting of self-contained family units than are
contained in the structure to be demolished; provided, further, that the
commission may by regulation impose as a condition to granting the
certificates of eviction that the landlord pay stipends to the tenants
in such amounts as the commission may determine to be reasonably
necessary, which amounts may vary depending upon the size of the
tenant's apartment and whether the tenant accepts relocation by the
landlord; or (ii) that such demolition is made for the purpose of
constructing new buildings or structures other than housing
accommodations; provided, however, that within the city of New York the
commission may by regulation impose conditions (including but not
limited to suitable relocation and the payment of stipends) to granting
the certificates of eviction. No order granting the certificates of
eviction pursuant to this paragraph shall be issued unless the landlord
shall have secured such approval therefor as is required by law and the
commission determines that the issuance of such order is not
inconsistent with the purpose of this act.
3. The commission may from time to time to effectuate the purposes of
this act adopt, promulgate, amend or rescind such rules, regulations or
orders as it may deem necessary or proper for the control of evictions.
It may require that an order granting a certificate of eviction be
obtained from it prior to the institution of any action or proceeding
for the recovery of possession of any housing accommodation subject to a
maximum rent under this act upon the grounds specified in subdivision
two of this section or where it finds that the requested removal or
eviction is not inconsistent with the purposes of this act and would not
be likely to result in the circumvention or evasion thereof; provided,
however, that no such order shall be required in any action or
proceeding brought pursuant to the provisions of subdivision one of this
section.
The commission on its own initiative or on application of a tenant may
revoke or cancel an order granting such certificate of eviction at any
time prior to the execution of a warrant in a summary proceeding to
recover possession of real property by a court whenever it finds that:
(a) the certificate of eviction was obtained by fraud or illegality;
or
(b) the landlord's intentions or circumstances have so changed that
the premises, possession of which is sought, will not be used for the
purpose specified in the certificate.
The commencement of a proceeding by the commission to revoke or cancel
an order granting a certificate of eviction shall stay such order until
the final determination of the proceeding regardless of whether the
waiting period in the order has already expired. In the event the
commission cancels or revokes such an order, the court having
jurisdiction of any summary proceeding instituted in such case shall
take appropriate action to dismiss the application for removal of the
tenant from the real property and to vacate and annul any final order or
warrant granted or issued by the court in the matter.
4. Notwithstanding the preceding provisions of this section, the
state, any municipality, or housing authority may nevertheless recover
possession of any housing accommodations operated by it where such
action or proceeding is authorized by statute or regulations under which
such accommodations are administered.
5. Any order of the commission under this section granting a
certificate of eviction shall be subject to judicial review only in the
manner prescribed by sections eight and nine.
6. Where after the commission has granted a certificate of eviction
certifying that the landlord may pursue his remedies pursuant to local
law to acquire possession, and a tenant voluntarily removes from a
housing accommodation or has been removed therefrom by action or
proceeding to evict from or recover possession of a housing
accommodation upon the ground that the landlord seeks in good faith to
recover possession of such accommodations (1) for his immediate and
personal use, or for the immediate and personal use by a member or
members of his immediate family, and such landlord or members of his
immediate family shall fail to occupy such accommodations within thirty
days after the tenant vacates, or such landlord shall lease or rent such
space or permit occupancy thereof by a third person within a period of
one year after such removal of the tenant, or (2) for the immediate
purpose of withdrawing such housing accommodations from the rental
market and such landlord shall lease or sell the housing accommodation
or the space previously occupied thereby, or permit use thereof in a
manner other than contemplated in such eviction certificate within a
period of one year after such removal of the tenant, or (3) for the
immediate purpose of altering or remodeling such housing accommodations,
and the landlord shall fail to start the work of alteration or
remodeling of such housing accommodations within ninety days after such
removal on the ground that he required possession of such accommodations
for the purpose of altering or remodeling the same, or if after having
commenced such work shall fail or neglect to prosecute the work with
reasonable diligence, or (4) for the immediate purpose of demolishing
such housing accommodations and constructing a new building or structure
for a greater number of housing accommodations in accordance with
approved plans, or reasonable amendment thereof, and the landlord has
failed to complete the demolition within six months after the removal of
the last tenant or, having demolished the premises, has failed or
neglected to proceed with the new construction within ninety days after
the completion of such demolition or (5) for some purpose other than
those specified above for which the removal of the tenant was sought and
the landlord has failed to use the vacated premises for such purpose,
such landlord shall unless for good cause shown, be liable to the tenant
for three times the damages sustained on account of such removal plus
reasonable attorney's fees and costs as determined by the court;
provided, however, that subparagraph (4) herein shall not apply to any
action which does not constitute a violation of any local law providing
for penalties upon failure to demolish or comply with state rent control
eviction certificates. In addition to any other damage, the cost of
removal of property shall be a lawful measure of damage.
7. Any statutory tenant who vacates the housing accommodations,
without giving the landlord at least thirty days' written notice by
registered or certified mail of his intention to vacate, shall be liable
to the landlord for an amount not exceeding one month's rent, except
where the tenant has been removed or vacates pursuant to the provisions
of this section or of subdivision four of section ten of this act. Such
notice shall be postmarked on or before the last day of the rental
period immediately prior to such thirty-day period.
8. Where after the commission has granted a certificate of eviction
authorizing the landlord to pursue his remedies pursuant to local law to
acquire possession for any purpose stated in subdivision two of section
five or in subdivision four of section ten of this act or for some other
stated purpose, and a tenant voluntarily removes from a housing
accommodation or has been removed therefrom by action or proceeding to
evict from or recover possession of a housing accommodation and the
landlord or any successor landlord of the premises does not use the
housing accommodation for the purpose specified in such certificate of
eviction, the vacated accommodation or any replacement or subdivision
thereof shall, unless the commission approves such different purpose, be
deemed a housing accommodation subject to control, notwithstanding any
definition of that term in this act to the contrary. Such approval shall
be granted whenever the commission finds that the failure or omission to
use the housing accommodation for the purpose specified in such
certificate was not inconsistent with the purposes of this act and would
not be likely to result in the circumvention or evasion thereof. The
remedy herein provided for shall be in addition to those provided for in
subdivision one of section eleven of this act and to the tenant's action
for damages provided for in subdivision six of this section.
9. Notwithstanding any provision of this law to the contrary in the
case where all tenants occupying the housing accommodation on the
effective date of this subdivision have vacated the housing
accommodation and a family member of such vacating tenant or tenants is
entitled to and continues to occupy the housing accommodation subject to
the protections of this law, if such accommodation continues to be
subject to this law after such family member vacates, on the occurrence
of such vacancy the maximum collectable rent shall be increased by a sum
equal to the allowance then in effect for vacancy leases for housing
accommodations covered by the rent stabilization law of nineteen hundred
sixty-nine, including the amount allowed by paragraph five-a of
subdivision c of section 26-511 of such law. This increase shall be in
addition to any other increases provided in this law including an
adjustment based upon a major capital improvement, or a substantial
increase or decrease in dwelling space or a change in the services,
furniture, furnishings or equipment provided in the housing
accommodation, pursuant to section four of this law and shall be
applicable in like manner to each second subsequent succession.
* NB Effective until June 16, 2011
* § 6. Investigations; records; reports. 1. The commission is
authorized to make such studies and investigations, to conduct such
hearings, and to obtain such information as the commission deems
necessary or proper in prescribing any regulation or order under this
act or in the administration and enforcement of this act and regulations
and orders thereunder.
2. The commission is further authorized, by regulation or order, to
require any person who rents or offers for rent or acts as broker or
agent for the rental of any housing accommodations to furnish any such
information under oath or affirmation, or otherwise, to make and keep
records and other documents, and to make reports, and the commission may
require any such person to permit the inspection and copying of records
and other documents and the inspection of housing accommodations. The
administrator or any officer or agent designated by the commission for
such purposes, may administer oaths and affirmations and may, whenever
necessary, by subpoena require any such person to appear and testify or
to appear and produce documents, or both, at any designated place.
3. For the purpose of obtaining any information under subdivision one,
the commission may by subpoena require any other person to appear and
testify or to appear and produce documents, or both, at any designated
place.
4. The production of a person's documents at any place other than his
place of business shall not be required under this section in any case
in which, prior to the return date specified in the subpoena issued with
respect thereto, such person either has furnished the commission with a
copy of such documents certified by such person under oath to be a true
and correct copy, or has entered into a stipulation with the commission
as to the information contained in such documents.
5. In case of contumacy by, or refusal to obey a subpoena served upon,
any person referred to in subdivision three, the supreme court in or for
any judicial district in which such person is found or resides or
transacts business, upon application by the commission, shall have
jurisdiction to issue an order requiring such person to appear and give
testimony or to appear and produce documents, or both; and any failure
to obey such order of the court may be punished by such court as a
contempt thereof. The provisions of this subdivision shall also apply to
any person referred to in subdivision two, and shall be in addition to
the provisions of subdivision one of section ten.
6. Witnesses subpoenaed under this section shall be paid the same fees
and mileage as are paid witnesses under article eighty of the civil
practice law and rules.
7. Upon any such investigation or hearing, the commissioner or an
officer duly designated by the commission to conduct such investigation
or hearing, may confer immunity in accordance with the provisions of
section 50.20 of the criminal procedure law.
8. The commission shall not publish or disclose any information
obtained under this act that the commission deems confidential or with
reference to which a request for confidential treatment is made by the
person furnishing such information, unless the commission determines
that the withholding thereof is contrary to the public interest.
9. Any person subpoenaed under this section shall have the right to
make a record of his testimony and to be represented by counsel.
* NB Effective until June 16, 2011
* § 7. Cooperation with other governmental agencies. 1. The commission
shall cooperate with the federal government and other appropriate
governmental agencies in effectuating the purposes of this act, and
shall endeavor to procure and may accept from the federal housing
expediter and other officers and agencies of the federal government and
from the temporary city housing rent commission of the city of New York
such cooperation, information, records and data as will assist the
commission in effectuating such purposes.
2. The commission may request and shall receive cooperation and
assistance in effectuating the purposes of this act from all
departments, divisions, boards, bureaus, commissions or agencies of the
state and political subdivisions thereof. The commissioner and state
rent administrator shall be deemed to be an officer included within the
provisions of section one hundred sixty-one of the executive law, and
shall be accorded all the rights and privileges of the officers
specified in subdivision one of said section.
* NB Effective until June 16, 2011
* § 8. Procedure. 1. After the issuance of any regulation or order by
the commission any person subject to any provision of such regulation or
order may, in accordance with regulations to be prescribed by the
commission, file a protest against such regulation or order specifically
setting forth his objections to any such provisions and affidavits or
other written evidence in support of such objections. Statements in
support of any such regulation or order may be received and incorporated
in the record of the proceedings at such times and in accordance with
such regulations as may be prescribed by the commission. Within a
reasonable time after the filing of any protest under this subdivision
the commission shall either grant or deny such protest in whole or in
part, notice such protest for hearing, or provide an opportunity to
present further evidence in connection therewith. In the event that the
commission denies any such protest in whole or in part, the commission
shall inform the protestant of the grounds upon which such decision is
based, and of any economic data and other facts of which the commission
has taken official notice.
2. In the administration of this act the commission may take official
notice of economic data and other facts, including facts found by the
commission as a result of action taken under section four.
3. Any proceedings under this section may be limited by the commission
to the filing of affidavits, or other written evidence, and the filing
of briefs.
4. Any protest filed under this section shall be granted or denied by
the commission, or granted in part and the remainder of it denied,
within a reasonable time after it is filed. If the commission does not
act finally within a period of ninety days after the protest is filed,
the protest shall be deemed to be denied. However, the commission may
grant one extension not to exceed thirty days with the consent of the
party filing such protest; any further extension may only be granted
with the consent of all parties to the protest. No proceeding may be
brought pursuant to article seventy-eight of the civil practice law and
rules to challenge any order or determination which is subject to such
protest unless such review has been sought and either (1) a
determination thereon has been made or (2) the ninety-day period
provided for determination of the protest (or any extension thereof) has
expired. If the commission does not act finally within a period of
ninety days after the entry of an order of remand to the commission by
the court in a proceeding instituted pursuant to section nine, the order
previously made by the commission shall be deemed reaffirmed. However,
the commission may grant one extension not to exceed thirty days with
the consent of the petitioner; any further extension may only be granted
with the consent of all parties to the petition.
5. The commission shall compile and make available for public
inspection at reasonable hours at its principal office and at each
appropriate local office a copy of each decision hereafter rendered by
it upon granting, or denying, in whole or in part, any protests filed
under this section.
* NB Effective until June 16, 2011
* § 9. Judicial review. 1. Any person who is aggrieved by the final
determination of a protest may, in accordance with article seventy-eight
of the civil practice law and rules, within sixty days after such
determination, commence a proceeding in the supreme court praying that
the regulation or order protested be enjoined or set aside in whole or
in part. Such proceeding may at the option of the petitioner be
instituted in the county where the commission has its principal office
or where the property is located. The answer shall include a statement
setting forth, so far as practicable, the economic data and other facts
of which the commission has taken official notice. Upon the filing of
such petition the court shall have jurisdiction to set aside such
regulation or order, in whole or in part, to dismiss the petition, or to
remit the proceeding to the commission; provided, however, that the
regulation or order may be modified or rescinded by the commission at
any time notwithstanding the pendency of such proceeding for review. No
objection to such regulation or order, and no evidence in support of any
objection thereto, shall be considered by the court, unless such
objection shall have been set forth by the petitioner in the protest or
such evidence shall be contained in the return. If application is made
to the court by either party for leave to introduce additional evidence
which was either offered and not admitted, or which could not reasonably
have been offered or included in such proceedings before the commission,
and the court determines that such evidence should be admitted, the
court shall order the evidence to be presented to the commission. The
commission shall promptly receive the same, and such other evidence as
the commission deems necessary or proper, and thereupon the commission
shall file with the court the original or a transcript thereof and any
modification made in regulation or order as a result thereof; except
that on request by the commission, any such evidence shall be presented
directly to the court. Upon final determination of the proceeding before
the court, the original record, if filed by the commission with the
court, shall be returned to the commission.
2. No such regulation or order shall be enjoined or set aside, in
whole or in part, unless the petitioner shall establish to the
satisfaction of the court that the regulation or order is not in
accordance with law, or is arbitrary or capricious. The effectiveness of
an order of the court enjoining or setting aside, in whole or in part,
any such regulation or order shall be postponed until the expiration of
thirty days from the entry thereof. The jurisdiction of the supreme
court shall be exclusive and its order dismissing the petition or
enjoining or setting aside such regulation or order, in whole or in
part, shall be final, subject to review by the appellate division of the
supreme court and the court of appeals in the same manner and form and
with the same effect as provided by law for appeals from a judgment in a
special proceeding. Notwithstanding any provision of section thirteen
hundred four of the civil practice act to the contrary, any order of the
court remitting the proceeding to the commission may, at the election of
the commission, be subject to review by the appellate division of the
supreme court and the court of appeals in the same manner and form and
with the same effect as provided in the civil practice act for appeals
from a final order in a special proceeding. All such proceedings shall
be heard and determined by the court and by any appellate court as
expeditiously as possible and with lawful precedence over other matters.
All such proceedings for review shall be heard on the petition,
transcript and other papers, and on appeal shall be heard on the record,
without requirement of printing.
3. (a) Within thirty days after arraignment, or such additional time
as the court may allow for good cause shown, in any criminal proceeding,
and within five days after judgment in any civil or criminal proceeding,
brought pursuant to section eleven involving alleged violation of any
provision of any regulation or order, the defendant may apply to the
court in which the proceeding is pending for leave to file in the
supreme court a petition setting forth objections to the validity of any
provision which the defendant is alleged to have violated or conspired
to violate. The court in which the proceeding is pending shall grant
such leave with respect to any objection which it finds is made in good
faith and with respect to which it finds there is reasonable and
substantial excuse for the defendant's failure to present such objection
in a protest filed in accordance with section eight. Upon the filing of
a petition pursuant to and within thirty days from the granting of such
leave, the supreme court shall have jurisdiction to enjoin or set aside
in whole or in part the provision of the regulation or order complained
of or to dismiss the petition. The court may authorize the introduction
of evidence, either to the commission or directly to the court, in
accordance with subdivision one of this section. The provisions of
subdivision two of this section shall be applicable with respect to any
proceedings instituted in accordance with this subdivision.
(b) In any proceeding brought pursuant to section eleven of this act
involving an alleged violation of any provision of any such regulation
or order, the court shall stay the proceeding:
(1) during the period within which a petition may be filed in the
supreme court pursuant to leave granted under paragraph (a) of this
subdivision with respect to such provision;
(2) during the pendency of any protest properly filed by the defendant
under section eight prior to the institution of the proceeding under
section eleven of this act, setting forth objections to the validity of
such provision which the court finds to have been made in good faith;
and
(3) during the pendency of any judicial proceeding instituted by the
defendant under this section with respect to such protest or instituted
by the defendant under paragraph (a) of this subdivision with respect to
such provision, and until the expiration of the time allowed in this
section for the taking of further proceedings with respect thereto.
(c) Notwithstanding the provisions of paragraph (b) of this
subdivision, stays shall be granted thereunder in civil proceedings only
after judgment and upon application made within five days after
judgment. Notwithstanding the provisions of paragraph (b) of this
subdivision, in the case of a proceeding under subdivision one of
section eleven the court granting a stay under paragraph (b) of this
subdivision shall issue a temporary injunction or restraining order
enjoining or restraining, during the period of the stay, violations by
the defendant of any provision of the regulation or order involved in
the proceeding. If any provision of a regulation or order is determined
to be invalid by judgment of the supreme court which has become
effective in accordance with subdivision two of this section, any
proceeding pending in any court shall be dismissed, and any judgment in
such proceeding vacated, to the extent that such proceeding or judgment
is based upon violation of such provision. Except as provided in this
subdivision, the pendency of any protest under section eight, or
judicial proceeding under this section, shall not be grounds for staying
any proceeding brought pursuant to section eleven; nor, except as
provided in this subdivision, shall any retroacitve effect be given to
any judgment setting aside a provision of a regulation or order.
4. The method prescribed herein for the judicial review of a
regulation or order shall be exclusive.
* NB Effective until June 16, 2011
* § 10. Prohibitions. 1. It shall be unlawful, regardless of any
contract, lease or other obligation heretofore or hereafter entered
into, for any person to demand or receive any rent for any housing
accommodations in excess of the maximum rent or otherwise to do or omit
to do any act, in violation of any regulation, order or requirement
hereunder, or to offer, solicit, attempt or agree to do any of the
foregoing.
2. It shall be unlawful for any person to remove or attempt to remove
from any housing accommodations the tenant or occupant thereof or to
refuse to renew the lease or agreement for the use of such
accommodations, because such tenant or occupant has taken, or proposes
to take, action authorized or required by this act or any regulation,
order or requirement thereunder.
3. It shall be unlawful for any officer or employee of the commission,
or for any official adviser or consultant to the commission, to
disclose, otherwise than in the course of official duty, any information
obtained under this act, or to use any such information for personal
benefit.
4. Nothing in this act shall be construed to require any person to
offer any housing accommodations for rent, but housing accommodations
already on the rental market may be withdrawn only after prior written
approval of the state rent commission, if such withdrawal requires that
a tenant be evicted from such accommodations.
5. It shall be unlawful for any landlord or any person acting on his
behalf, with intent to cause the tenant to vacate, to engage in any
course of conduct (including, but not limited to, interruption or
discontinuance of essential services) which interferes with or disturbs
or is intended to interfere with or disturb the comfort, repose, peace
or quiet of the tenant in his use or occupancy of the housing
accommodations.
* NB Effective until June 16, 2011
* § 11. Enforcement. 1. Whenever in the judgment of the commission any
person has engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of any provision of section
ten of this act, the commission may make application to the supreme
court for an order enjoining such acts or practices, or for an order
enforcing compliance with such provision, or for an order directing the
landlord to correct the violation, and upon a showing by the commission
that such person has engaged or is about to engage in any such acts or
practices a permanent or temporary injunction, restraining order, or
other order shall be granted without bond. Jurisdiction shall not be
deemed lacking in the supreme court because the defense is based upon an
order of an inferior court.
2. Any person who wilfully violates any provision of section ten of
this act, and any person who makes any statement or entry false in any
material respect in any document or report required to be kept or filed
under this act or any regulation, order, or requirement thereunder, and
any person who wilfully omits or neglects to make any material statement
or entry required to be made in any such document or report, shall, upon
conviction thereof, be subject to a fine of not more than five thousand
dollars, or to imprisonment for not more than two years in the case of a
violation of subdivision three of section ten and for not more than one
year in all other cases, or to both such fine and imprisonment. Whenever
the commission has reason to believe that any person is liable to
punishment under this subdivision, the commission may certify the facts
to the district attorney of any county having jurisdiction of the
alleged violation, who shall cause appropriate proceedings to be
brought.
3. Any court shall advance on the docket and expedite the disposition
of any criminal or other proceedings brought before it under this
section.
4. No person shall be held liable for damages or penalties in any
court, on any grounds for or in respect of anything done or omitted to
be done in good faith pursuant to any provision of this act or any
regulation, order, or requirement thereunder, notwithstanding that
subsequently such provision, regulation, order, or requirement may be
modified, rescinded, or determined to be invalid. In any action or
proceeding wherein a party relies for ground of relief or defense or
raises issue or brings into question the construction or validity of
this act or any regulation, order, or requirement thereunder, the court
having jurisdiction of such action or proceeding may at any stage
certify such fact to the commission. The commission may intervene in any
such action or proceeding.
5. If any landlord who receives rent from a tenant violates a
regulation or order prescribing the maximum rent with respect to the
housing accommodations for which such rent is received from such tenant,
the tenant paying such rent may, within two years from the date of the
occurrence of the violation, except as hereinafter provided, bring an
action against the landlord on account of the overcharge as hereinafter
defined. In such action, the landlord shall be liable for reasonable
attorney's fees and costs as determined by the court, plus whichever of
the following sums is the greater: (a) Such amount not more than three
times the amount of the overcharge, or the overcharges, upon which the
action is based as the court in its discretion may determine, or (b) an
amount not less than twenty-five dollars nor more than fifty dollars, as
the court in its discretion may determine; provided, however, that such
amount shall be the amount of the overcharge or overcharges or
twenty-five dollars, whichever is greater, if the defendant proves that
the violation of the regulation or order in question was neither willful
nor the result of failure to take practicable precautions against the
occurrence of the violation. As used in this section, the word
"overcharge" shall mean the amount by which the consideration paid by a
tenant to a landlord exceeds the applicable maximum rent. If any
landlord who receives rent from a tenant violates a regulation or order
prescribing maximum rent with respect to the housing accommodations for
which such rent is received from such tenant, and such tenant either
fails to institute an action under this subdivision within thirty days
from the date of the occurrence of the violation or is not entitled for
any reason to bring the action, the commission may institute an action
on behalf of the state within such two-year period. If such action is
instituted by the commission, the tenant affected shall thereafter be
barred from bringing an action for the same violation or violations. Any
action under this subdivision by either the tenant or the commission, as
the case may be, may be brought in any court of competent jurisdiction.
Recovery, by judgment or otherwise, in an action for damages under this
subdivision shall be a bar to the recovery under this subdivision of any
recovery, by judgment or otherwise, in any other action against the same
landlord on account of the same overcharge or overcharges prior to the
institution of the action in which such recovery of damages was
obtained. Where recovery by judgment or otherwise is obtained in an
action instituted by the commission under this subdivision, there shall
be paid over to the tenant from the moneys recovered, one-third of such
recovery, exclusive of costs and disbursement or the amount of the
overcharge or overcharges, whichever is the greater.
6. If any landlord who receives rent from a tenant violates any order
containing a directive that rent collected by the landlord in excess of
the maximum rent be refunded to the tenant within thirty days, the
commission may, within one year after the expiration of such thirty day
period or after such order shall become final by regulation of the
commission, bring an action against the landlord on account of the
failure of the landlord to make the prescribed refund. In such action,
the landlord shall be liable for reasonable attorney's fees and costs as
determined by the court, plus whichever of the following sums is the
greater: (a) Such amount not more than three times the amount directed
to be refunded, or the amount directed to be refunded, upon which the
action is based as the court in its discretion may determine, or (b) an
amount not less than twenty-five dollars nor more than fifty dollars, as
the court in its discretion may determine; provided, however, that such
amount shall be the amount directed to be refunded or twenty-five
dollars, whichever is greater, if the defendant proves that the
violation of the order in question was neither willful nor the result of
failure to take practical precautions against the occurrence of the
violation. If the commission fails to institute such action within
thirty days from the date of the occurrence of the violation, the tenant
paying such rent may thereafter institute an action for the same
violation within such one year period, and the liability of the landlord
in such action by the tenant shall be the same as if such action were
brought by the commission. If such action is instituted by the
commission, the tenant affected shall thereafter be barred from bringing
an action for the same violation. Any action under this subdivision by
either the commission or the tenant, as the case may be, may be brought
in any court of competent jurisdiction. Recovery by judgment or
otherwise in an action under this subdivision based on the failure of
the landlord to make the prescribed refund, shall be a bar to recovery
under this subdivision of any recovery, by judgment or otherwise, from
the same landlord in any other action instituted on account of the same
violation, prior to the institution of the action in which such recovery
is obtained. Where recovery by judgment or otherwise, is obtained in an
action instituted by the commission under this subdivision, there shall
be paid over to the tenant from the moneys recovered one-third of such
recovery, exclusive of costs and disbursements, or the amount of the
prescribed refund, whichever is greater.
7. Any tenant who has vacated his housing accommodations because the
landlord or any person acting on his behalf, with intent to cause the
tenant to vacate, engaged in any course of conduct (including, but not
limited to, interruption or discontinuance of essential services) which
interfered with or disturbed or was intended to interfere with or
disturb the comfort, repose, peace or quiet of the tenant in his use or
occupancy of the housing accommodations may, within ninety days after
vacating, apply to the commission for a determination that the housing
accommodations were vacated as a result of such conduct, and may, within
one year after such determination, institute a civil action against the
landlord by reason of such conduct. In such action the landlord shall be
liable to the tenant for three times the damages sustained on account of
such conduct plus reasonable attorney's fees and costs as determined by
the court. In addition to any other damages the cost of removal of
property shall be a lawful measure of damages.
* NB Effective until June 16, 2011
* § 12. Application. 1. Whenever the commission shall find that, in
any municipality specified by the commission, (a) the percentage of
vacancies in all or any particular class of housing accommodations is
five per centum or more, or, (b) the availability of adequate rental
housing accommodations and other relevant factors are such as to make
rent control unnecessary for the purpose of eliminating speculative,
unwarranted, and abnormal increases in rents and of preventing
profiteering and speculative and other disruptive practices resulting
from abnormal market conditions caused by congestion, the controls
imposed upon rents by authority of this act in such municipality or with
respect to any particular class of housing accommodations therein shall
be abolished in the manner hereinafter provided; provided however that,
except as otherwise provided in this section, no controls shall be
abolished by the commission unless the commission shall hold a public
hearing or hearings on such proposal at which interested persons are
given a reasonable opportunity to be heard. Notice of such hearing shall
be provided by publication in a daily newspaper published or having
general circulation in the municipality affected not less than fifteen
days prior to the date of the hearing.
2. Notwithstanding the provisions of this section or any other
provision of this act, the local governing body of a city, town or
village upon a finding that decontrol in such city, town or village is
warranted after a public hearing upon notice by publication in a daily
or weekly newspaper published or having general circulation in the city
or town not less than twenty days prior to the date of hearing, and
after notice to the commission, may adopt a resolution to decontrol all
or any specified class of housing accommodation in such city, town or
village. Such resolution shall thereafter be filed with the division.
Upon receipt of any such resolution the controls imposed by authority of
this act shall be abolished in the city, town or village affected with
respect to housing accommodations specified in such resolution in the
manner hereinafter specified. Notwithstanding the foregoing provisions
of this paragraph, a city, town or village any portion of which is
within the limits of an area designated as a critical defense housing
area by the federal government at the time of adoption of the decontrol
resolution, shall not become decontrolled without the approval of the
commission.
2-a. Upon the issuance of an order of decontrol or upon the filing of
a resolution resulting in decontrol of a housing accommodation pursuant
to subdivision two, such decontrol shall take place:
(a) if the landlord and tenant execute a written lease for a term of
not less than two years wherein the landlord agrees to maintain the same
services and equipment required by this act and which provides for an
increase in the maximum rent not in excess of fifteen percent for the
first year and not more than a second five percent increase for the
second year and otherwise continues the terms and conditions of the
existing tenancy; upon the execution of such lease;
(b) if the landlord offers the tenant a lease in accordance with the
terms provided in paragraph (a) and the tenant fails to execute such
lease, six months from the date that the commission issued the order or
the date the municipality filed the resolution, provided that the
landlord has notified the tenant in writing by certified mail that his
failure to execute the lease within thirty days of such notification
will result in the decontrol of the housing accommodation on the date
set forth therein, such date to be the expiration of such thirty days or
such six months, whichever is later; or
(c) if the landlord does not offer the tenant a lease in accordance
with the terms provided in paragraph (a), two years from the date the
commission issued the order or the municipality filed the resolution.
3. (a) Notwithstanding the provisions of section four or of any other
inconsistent provision of this act, housing accommodations subject to
rent control as provided for in this act on June thirtieth, nineteen
hundred fifty-five, in any city or town within the counties of
Cattaraugus, Chautauqua, Columbia, Dutchess, Erie, Fulton, Herkimer,
Montgomery, Niagara, Ontario, Oswego, Saratoga, Seneca, Steuben,
Suffolk, Ulster and Yates shall, subsequent to such date, be no longer
subject to such rent control, except as hereinafter in this subdivision
provided.
(b) The governing body of any such city or town, as hereinafter
specified, may, and it is hereby authorized and empowered to, by
resolution duly adopted for such purpose not later than June thirtieth,
nineteen hundred fifty-five, and declaring the continuance of emergency
conditions therein, elect to be excluded from the operation of the
provisions of this subdivision providing for the termination of rent
control therein, to the extent specified in such resolution.
In the case of any such city or town elsewhere than within the
counties of Erie and Niagara, such resolution may provide for such
exclusion with respect to all or any particular class of such housing
accommodations within such city or town; and in the case of any such
city or town within the counties of Erie or Niagara, such resolution may
provide for such exclusion with respect to all or any particular class
of such housing accommodations in such city or town, except (1) one
family houses and (2) two family houses occupied in whole or in part by
the owner.
In the event of the adoption of such a resolution in any such city or
town, the provisions of this subdivision providing for the termination
of rent control therein shall not apply with respect to such housing
accommodations within such city or town as specified in the resolution
so adopted. Any such resolution, upon adoption, shall forthwith be
transmitted to the commission.
(c) The governing body of any city or town elsewhere than in the
counties of Columbia, Dutchess and Erie, as hereinafter specified, with
respect to which the provisions of this subdivision providing for the
termination of rent control therein are applicable and in effect
subsequent to June thirtieth, nineteen hundred fifty-five, may, and it
is hereby authorized and empowered to, by resolution duly adopted for
such purpose at any time subsequent to such date and declaring the
existence of emergency conditions therein, request the commission to
reestablish the regulation of rents on housing accommodations therein,
to the extent specified in such resolution.
In the case of any such city or town elsewhere than within the county
of Niagara, such resolution may request such reestablishment with
respect to all or any particular class of such housing accommodations in
such city or town; and in the case of any such city or town within the
county of Niagara, such resolution may request such reestablishment with
respect to all or any particular class of such housing accommodations in
such city or town, except (1) one family houses and (2) two family
houses occupied in whole or in part by the owner.
Any such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall by
regulation or order reestablish the same maximum rents for such housing
accommodations within such city or town specified in such resolution as
last previously established by the commission and in force and effect
therein immediately prior to decontrol pursuant to this subdivision. Any
such regulation or order shall take effect on the date specified in such
resolution, and thereafter such maximum rents shall be and continue in
force and effect as to such housing accommodations within such city or
town until changed or abolished in accordance with the applicable
provisions of this act, and all the provisions of this act applying
generally with respect to maximum rents on such housing accommodations
shall apply with respect thereto within such city or town.
(d) Notwithstanding the provisions of section four or of any other
inconsistent provision of this act, housing accommodations subject to
rent control as provided for in this act on June thirtieth, nineteen
hundred fifty-seven, in any city or town within the counties of
Columbia, Dutchess or Erie shall, subsequent to such date, be no longer
subject to such rent control, except as hereinafter in this subdivision
provided.
The governing body of any such city or town, as hereinbefore or
hereinafter specified, may, and it is hereby authorized and empowered
to, by resolution adopted for such purpose not later than June
thirtieth, nineteen hundred fifty-seven, and declaring the continuance
of emergency conditions therein, elect to be excluded from the operation
of the provisions of this paragraph (d) providing for the termination of
rent control therein, to the extent specified in such resolution. Such
resolution may provide for such exclusion with respect to all or any
particular class of housing accommodations subject to such rent control
within such city or town. In the event of the adoption of such a
resolution in any such city or town, the provisions of this paragraph
(d) providing for the termination of rent control therein shall not
apply with respect to such housing accommodations within such city or
town as specified in the resolution so adopted. Any such resolution,
upon adoption, shall forthwith be transmitted to the commission.
4. (a) Notwithstanding any inconsistent provision of this act, the
local governing body of any city or town within the county of Monroe,
the county of Oneida, the county of Onondaga or the county of
Schenectady wherein housing accommodations are or shall be subject to
rent control as provided for in this act, by resolution duly adopted for
such purpose not later than June thirtieth, nineteen hundred fifty-five,
may, and it is hereby authorized and empowered to, elect that the
provisions of paragraph (j) of subdivision two of section two hereof
excepting housing accommodations in one family houses, and in two family
houses occupied in whole or in part by the owner thereof, in such
counties from the classifications of housing accommodations subject to
rent control shall not apply in such city or town; and in the event of
the adoption of such a resolution in any such city or town, such housing
accommodations specified in such subdivision within such city or town
shall continue to be subject to rent control. Any such resolution, upon
adoption, shall forthwith be transmitted to the commission.
(b) Notwithstanding any inconsistent provision of this act, the local
governing body of any city or town within the county of Monroe, the
county of Oneida or the county of Schenectady wherein housing
accommodations are or shall be subject to rent control as provided in
this act, and wherein the provisions of paragraph (j) of subdivision two
of section two hereof excepting housing accommodations in one family
houses, and in two family houses occupied in whole or in part by the
owner thereof, in such city or town, from the classifications of housing
accommodations subject to rent control are in force and effect
subsequent to June thirtieth, nineteen hundred fifty-five, by resolution
duly adopted for such purpose at any time subsequent to such date, may,
and it is hereby authorized and empowered to, request the commission to
reestablish the regulation of rents on such housing accommodations
therein.
Any such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall by
regulation or order reestablish the same maximum rents for such housing
accommodations within such city or town as last previously established
by the commission and in force and effect therein immediately prior to
decontrol pursuant to the provisions of paragraph (j) of subdivision two
of section two hereof. Any such regulation or order shall take effect on
the date specified in such resolution, and thereafter such maximum rents
shall be and continue in force and effect as to such housing
accommodations within such city or town until changed or abolished in
accordance with the applicable provisions of this act, and all the
provisions of this act applying generally with respect to maximum rents
on such housing accommodations shall apply with respect thereto within
such city or town.
5. Notwithstanding any inconsistent provision of this act, the local
governing body of any city or town other than the city of New York,
wherein housing accommodations are or shall be subject to rent control
as provided for in this act, by resolution duly adopted for such purpose
not later than June thirtieth, nineteen hundred fifty-seven, may, and it
is hereby authorized and empowered to, elect that the provisions of
paragraph (k) of subdivision two of section two hereof excepting housing
accommodations, other than housing accommodations used as boarding
houses or rooming houses in the county of Westchester which are or
become vacant therein from the classifications of housing accommodations
subject to rent control shall not apply in such city or town; and in the
event of the adoption of such a resolution in any such city, or town,
such housing accommodations specified in such subdivision within such
city or town shall continue to be subject to rent control in like manner
as before. Any such resolution, upon adoption, shall forthwith be
transmitted to the commission.
6. Notwithstanding any inconsistent provision of this act, the local
governing body of the city of Albany, by resolution duly adopted for
such purpose not later than June thirtieth, nineteen hundred sixty-five,
determining the existence of a public emergency requiring the regulation
and control of residential rents and evictions within such city, which
determination shall follow a survey which such city shall have caused to
be made of the supply of housing accommodations within such city, the
condition of such accommodations and the need for re-establishing the
regulation and control of residential rents and evictions within such
city, may, and it is hereby authorized and empowered to request the
commission to re-establish the regulations of rents with respect to all
or any particular class of housing accommodations in the city of Albany,
to the extent specified in such resolution.
Any such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall
forthwith by regulation or order fix as the maximum rents therefor the
rents which were lawfully chargeable therefor on April first, nineteen
hundred sixty-two, in accordance with the request contained in such
resolution. Any such regulation or order recontrolling rents shall take
effect on the date specified in such resolution, and thereafter the
maximum rents established thereby shall be and continue in force and
effect as to such housing accommodations within such city until changed
or abolished in accordance with the applicable provisions of this act
and the regulations adopted thereunder, and all the provisions of this
act applying generally with respect to maximum rents on such housing
accommodations and evictions therefrom shall apply with respect thereto
within such city.
7. Notwithstanding any inconsistent provision of this act, the local
governing body of the city of Mount Vernon, by resolution duly adopted
for such purpose not later than sixty days after the effective date of
this subdivision, determining the existence of a public emergency
requiring the regulation and control of residential rents and evictions
within such city and the need for re-establishing the regulation and
control of residential rents and evictions within such city for housing
accommodations subject to the provisions of this act on the first day of
June, nineteen hundred eighty-three, may, and it is hereby authorized
and empowered to request the division of housing and community renewal
to re-establish the regulations of rents with respect to such housing
accommodations in the city of Mount Vernon, to the extent specified in
such resolution.
Any such resolution, upon adoption, shall forthwith be transmitted to
the division of housing and community renewal. Upon receipt of such
resolution, the division of housing and community renewal shall
forthwith by regulation or order fix as the maximum rents therefor the
rents which were lawfully chargeable therefor on June first, nineteen
hundred eighty-three, in accordance with the request contained in such
resolution. Any such regulation or order recontrolling rents shall be
deemed to have been in full force and effect on and after the first day
of June, nineteen hundred eighty-three, and thereafter the maximum rents
established thereby shall be and continue in force and effect as to such
housing accommodations within such city until changed or abolished in
accordance with the applicable provisions of this act and the
regulations adopted thereunder, and all the provisions of this act
applying generally with respect to maximum rents on such housing
accommodations and evictions therefrom shall apply with respect thereto
within such city.
* NB Effective until June 16, 2011
* § 13. Pending proceedings. The commission may provide for and
authorize the continued processing of any application or proceeding
pending at the time this act becomes effective, provided, however, that
the final determination of the commission in such pending application or
proceeding shall not be inconsistent with this act.
* NB Effective until June 16, 2011
* § 14. Intent. 1. It is the intention of this act to subject to
control only those housing accommodations, as that term is defined
herein, which were subject to rent control and for which a maximum rent
was in effect on March first, nineteen hundred fifty, pursuant to
federal or local laws, and in the discretion of the commission those
housing accommodations for which a maximum rent was thereafter
established, pursuant to the provisions of section four hereof.
2. Any reference made in this act to the local laws specified in
chapter one of the laws of nineteen hundred fifty shall be deemed to be
solely for the purposes of identification, and if any of such laws shall
be held invalid, the reference made herein and any maximum rent
established hereunder shall not be affected thereby.
3. The provisions of this section shall be deemed to supersede any
other inconsistent provisions of this act.
4. Notwithstanding the decontrol of housing accommodations therein
pursuant to this act, unless otherwise provided herein, no municipality
shall have the power to adopt local laws with respect to the
registration or control of rents or evictions or otherwise to the
subject matter of this act.
* NB Effective until June 16, 2011
* § 15. Separability. If any provision of this act or the application
of such provision to any person or circumstances shall be held invalid,
the validity of the remainder of the act and the applicability of such
provision to other persons or circumstances shall not be affected
thereby.
* NB Effective until June 16, 2011
* § 16. Except for matters pending before the commission, no action or
proceeding, civil or criminal, pending at the time when this act as
amended shall take effect, brought by or against the commission, shall
be affected or abated by the enactment of this act or by anything
therein contained. No existing right or remedy of any character shall be
lost or impaired or affected by such enactment.
* NB Effective until June 16, 2011
* § 17. Short title. This act shall be known and may be cited as the
emergency housing rent control law.
* NB Effective until June 16, 2011
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