2006 New York Code - Definitions.

 
    §  26-403  Definitions.  When used in this chapter, unless a different
  meaning clearly appears from the context, the following terms shall mean
  and include:
    a. Administrator. The commissioner of the state  division  of  housing
  and community renewal.
    b.  City  rent  agency.  The  state  division of housing and community
  renewal.
    c. "Documents." Records, books,  accounts,  correspondence,  memoranda
  and other documents, drafts and copies of any of the foregoing.
    d.  "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  forty-two, and as thereafter amended and as superseded  by  the  Housing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.
    e.  "Housing  accommodation."  1.  Except  as  otherwise  provided  in
  paragraph  two  of  this  subdivision  e,  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, and any plot or parcel  of  land  (as  distinguished
  from  any  building constructed or placed thereon) which is not owned by
  the city and which was rented  prior  to  May  first,  nineteen  hundred
  fifty, for the purpose of permitting the tenant thereof to construct his
  or  her own private dwelling (as such term "private dwelling" is defined
  in subdivision six of section four of the multiple dwelling law) thereon
  and on which there exists such a private dwelling owned and occupied  by
  a  tenant  of  such  plot or parcel, or on or after July first, nineteen
  hundred seventy-one such private dwelling is owned  and  occupied  by  a
  member  of the tenant's immediate family provided that the member of the
  tenant's immediate family was in occupancy of the private dwelling  with
  the  tenant  prior  to  the  transfer  of  title  and  possession  for a
  continuous period of two years, 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, under subparagraph (i) of  paragraph
  two  of this subdivision e, are or at any time become exempt from or not
  subject to control and which, while in such status, are certified  by  a
  city  agency  having  jurisdiction to be a fire hazard or in a continued
  dangerous condition or detrimental to life or health; and the subsequent
  removal of the conditions on which such certification is based shall not
  cause any such housing  accommodation  to  become  exempt  from  or  not
  subject to control; and
    (c)  Notwithstanding  any other provision of this chapter, all housing
  accommodations in any multiple dwelling aided by a loan made by the city
  under article eight of the private housing finance  law;  provided  that
  where  any such housing accommodation, if this subparagraph (c) were not
  applicable thereto, would not be subject  to  rent  control  under  this
  chapter  and  the regulations thereunder prior to the date on which rent
  control with respect to  such  multiple  dwelling  is  required  by  the
  provisions  of  such article eight to begin, this subparagraph (c) shall
  operate to make such housing accommodation subject to rent control under
  this chapter and the regulations thereunder only on and after such date;
  and provided further that if any such housing accommodation, on the date
  on which rent control with respect thereto ceases to be required by such


  article eight, would not  be  subject  to  rent  control,  or  would  be
  eligible   for  decontrol  on  the  landlord's  application,  under  the
  provisions of this chapter  and  the  regulations  thereunder,  if  this
  subparagraph   (c)  were  not  applicable  thereto,  then  such  housing
  accommodation, after such date, shall not be subject to rent control, or
  shall be eligible for decontrol, as the case may be, in the same  manner
  as  if  this  subparagraph  (c)  had not been applicable to such housing
  accommodation.
    2. The term "housing accommodation" shall not include:
    (a) structures in which all of the housing accommodations  are  exempt
  or  not  subject  to control under this chapter or any regulation issued
  thereunder; or
    (b) 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
    (c)  notwithstanding  any  previous   order,   finding,   opinion   or
  determination  of  the  state rent 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 of whether such establishment
  either provides some services customarily  provided  by  hotels,  or  is
  represented  to  be  a hotel, or both; and provided further that housing
  accommodations in hotels 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 chapter; or
    (d) Any motor court, or any part thereof; any trailer or trailer space
  used exclusively for transient occupancy or any part  thereof  (provided
  that  nothing  herein  contained  shall  be  construed  as legalizing or
  authorizing any use or occupancy of a trailer  or  trailer  space  where
  prohibited  by  law);  or  any  tourist  home  serving  transient guests
  exclusively, or any part thereof; or
    (e) 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 or her immediate family; or
    (f) Housing accommodations owned and operated by  the  United  States,
  the  state of New York, or the New York city housing authority; or owned
  by the city and under the jurisdiction of the city department of housing
  preservation and development pursuant to the New York city  charter;  or
  owned  and  operated by the city; or housing accommodations in buildings
  in which rentals are fixed by or subject to the supervision of the state
  commissioner of housing and community renewal;
    (g) Housing  accommodations  in  buildings  operated  exclusively  for
  charitable purposes on a non-profit basis; or
    (h)  Except  as  otherwise provided in item six of subparagraph (i) of
  this paragraph two, housing accommodations which were  completed  on  or
  after  February  first, nineteen hundred forty-seven, provided, however,


  that, the former structure  or  any  lesser  portion  thereof,  was  not
  vacated,  on or after the effective date of this first provision of this
  subparagraph (h), other than by voluntary surrender of possession or  in
  the  manner  provided in this chapter, and provided further 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
    (i) Except as otherwise provided  in  subparagraphs  (b)  and  (c)  of
  paragraph one of this subdivision e:  (1) Housing accommodations created
  by a change from a non-housing use to a housing use on or after February
  first,  nineteen  hundred  forty-seven, but only if the space comprising
  such accommodations was devoted to a non-housing use on February  first,
  nineteen hundred forty-seven; or
    (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 such conversion  on  or  after
  May  first, nineteen hundred fifty, shall continue to be subject to rent
  control as provided for herein unless the state rent  commission,  prior
  to  May first, nineteen hundred sixty-two, issued an order decontrolling
  them, or the city rent agency, on or after such date,  issues  an  order
  decontrolling  them;  and the city rent agency shall issue such an order
  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  city  rent agency, with due regard for the
  shortage of housing accommodations suitable for family occupancy and for
  the purposes of this chapter in relation thereto; and provided  further,
  that  any  such  order  of decontrol of the state rent commission or the
  city rent agency shall remain effective after April thirtieth,  nineteen
  hundred  sixty-two  only  so  long as the housing accommodations are not
  occupied for other than single family occupancy; and  provided  further,
  that  any such order of decontrol shall not apply to that portion of the
  original housing accommodations 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 this
  chapter,  or  (where  vacated  prior  to  May  first,  nineteen  hundred
  sixty-two) in the manner provided by section five of the state rent act;
  and   provided   further  that  notwithstanding  any  of  the  foregoing
  provisions of this item two, no such order of decontrol shall be  issued
  with  respect  to  housing  accommodations  of  any  type resulting from
  conversion,  after  April  thirtieth,  nineteen  hundred  sixty-two,  to
  rooming house accommodations or to single room occupancy accommodations,
  and   such   resulting  accommodations  shall  continue  to  be  housing
  accommodations subject to  rent  control  under  this  chapter  and  the
  regulation thereunder; or
    (3)  Housing accommodations rented after April first, nineteen hundred
  fifty-three, which were  or  are  continuously  occupied  by  the  owner
  thereof for a period of one year prior to the date of renting; provided,


  however,  that  this item three 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 the
  state  rent act or under subdivision b of section 26-408 of this chapter
  within the two year  period  immediately  preceding  the  date  of  such
  renting,  and  provided  further that this item three shall not apply to
  any such housing accommodation rented on or after  May  first,  nineteen
  hundred  sixty-two,  where  an exemption of any housing accommodation in
  the same building was obtained under paragraph (h) of subdivision two of
  section two of the state rent act or has been previously obtained  under
  this  item three; 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
    (4)  Housing  accommodations in one or two family houses which were or
  shall  become  vacant  on  or  after  April  first,   nineteen   hundred
  fifty-three;   provided,  however,  that  this  exemption  shall  remain
  effective only so long as the housing accommodations  are  not  occupied
  for other than single family occupancy; or
    (6)   (i)  Such  housing  accommodations  resulting  from  substantial
  demolition (as such accommodations are defined in this item six), as are
  decontrolled by order of the city rent agency pursuant to this item six;
  provided that all  housing  accommodations  resulting  from  substantial
  demolition  which  are  not so decontrolled shall continue to be housing
  accommodations subject to  rent  control  under  this  chapter  and  the
  regulations thereunder.
    (ii)  The  term  "housing  accommodation  resulting  from  substantial
  demolition", as used herein, shall mean any  housing  accommodation  (a)
  which is created on or after May first, nineteen hundred sixty-two, as a
  result  of  the  substantial  demolition  of a multiple dwelling and the
  reconstruction of such building in such manner as to retain any  portion
  thereof  existing  prior to such demolition, and (b) which is so created
  after the issuance of one or more certificates permitting  the  eviction
  of  any  tenant  or tenants of such multiple dwelling for the purpose of
  effecting such demolition.
    (iii) No order shall be issued under this item six  decontrolling  any
  housing  accommodation  resulting  from  substantial  demolition unless,
  after such reconstruction, all housing accommodations  in  the  building
  are  self-contained family units as defined by regulations issued by the
  city  rent  agency,  with  due  regard  for  the  shortage  of   housing
  accommodations  suitable  for  family  occupancy and for the purposes of
  this chapter in relation thereto.
    (iv) The city rent agency shall issue regulations, with due regard for
  such  shortage  and  purposes,  specifying  minimum   requirements   for
  qualifying   any   housing   accommodation  resulting  from  substantial
  demolition as suitable for occupancy by larger families (including, with
  respect to the individual unit, but not limited  to,  number  of  rooms,
  space  suitable for sleeping purposes and total floor area) and likewise
  prescribing, subject to such  variations  and  classifications  as  such
  agency  may  determine to be reasonably necessary, the ratio between the
  total  number  of  housing  accommodations  resulting  from  substantial
  demolition  in the building, and the number of such accommodations which
  must meet such requirements for larger family occupancy, in order that a
  decontrol order may be granted hereunder.
    (v) The city rent agency shall issue an order decontrolling all of the
  housing accommodations resulting  from  substantial  demolition  in  the
  building, if such accommodations meet the requirements of sub-item (iii)
  of  this  item  six,  and if the prescribed proportion thereof meets the
  requirements of sub-item  (iv)  of  this  item  six  for  larger  family


  occupancy;  provided  that  (a)  if  all  such  accommodations  meet the
  requirements of such  sub-item  (iii),  but  less  than  the  prescribed
  proportion thereof meet the requirements of such sub-item (iv), then the
  city   rent  agency  shall  issue  an  order  decontrolling  only  those
  accommodations which meet the requirements of both such  sub-items;  and
  (b)  any  order  of  decontrol  issued  under this item six shall remain
  effective only so long as the accommodations decontrolled by such  order
  are not occupied for other than single family occupancy.
    (vi)  In  the  case  of any housing accommodations vacated on or after
  March twenty-sixth, nineteen hundred sixty-four, no order  of  decontrol
  shall  be  issued  under  this  item  six for any housing accommodations
  resulting from substantial demolition thereof unless such reconstruction
  occurred after the structure  was  vacated  by  voluntary  surrender  of
  possession, or in the manner provided in this chapter; or
    (7)  (i)  Individual housing accommodations having unfurnished maximum
  rents of two hundred and fifty dollars or more per  month  as  of  April
  first,  nineteen  hundred  sixty,  or  furnished  maximum rents of three
  hundred dollars or more per month as of April  first,  nineteen  hundred
  sixty, which are or become vacant on or after the effective date of this
  item seven; or
    (ii)   On   and  after  October  first,  nineteen  hundred  sixty-four
  individual housing accommodations having unfurnished  maximum  rents  of
  three  hundred  dollars  or  more  per month as of April first, nineteen
  hundred sixty, or furnished maximum rents of  three  hundred  and  sixty
  dollars  or  more  per  month as of April first, nineteen hundred sixty;
  provided, however, that where any such housing accommodation is occupied
  by a tenant whose household contains one or more children  attending  an
  elementary   or  secondary  school,  such  housing  accommodation  shall
  continue to remain  subject  to  control  under  this  chapter  and  the
  regulations   thereunder   until   June   thirtieth,   nineteen  hundred
  sixty-five; and provided further, that where such housing  accommodation
  on  March  twenty-sixth,  nineteen  hundred  sixty-four is occupied by a
  tenant whose household contains four or more related persons,  it  shall
  continue  to  remain  subject  to  control  under  this  chapter and the
  regulations thereunder so long as such tenant remains in occupancy; or
    (iii) On and after April first, nineteen hundred sixty-five individual
  housing accommodations having unfurnished maximum rents of  two  hundred
  and  fifty  dollars  to  two hundred ninety-nine dollars and ninety-nine
  cents, inclusive, per month as of April first, nineteen  hundred  sixty,
  or  furnished  maximum  rents  of three hundred dollars to three hundred
  fifty-nine dollars and ninety-nine cents  inclusive,  per  month  as  of
  April  first,  nineteen hundred sixty; provided, however, that where any
  such housing accommodation is  occupied  by  a  tenant  whose  household
  contains  one  or  more  children  attending  an elementary or secondary
  school, such housing accommodation shall continue to remain  subject  to
  control  under  this  chapter  and the regulations thereunder until June
  thirtieth, nineteen hundred sixty-five; and provided further, that where
  such housing accommodations  on  March  twenty-sixth,  nineteen  hundred
  sixty-four is occupied by a tenant whose household contains four or more
  related  persons,  it  shall continue to remain subject to control under
  this chapter and the regulations  thereunder  so  long  as  such  tenant
  remains in occupancy.
    (iv)  The  exemptions  provided  for  in  this item seven shall remain
  effective only so long as the housing accommodations  are  not  occupied
  for other than single family occupancy.
    (v)  The  term "related persons", as used in this item seven, shall be
  limited to the tenant  and  a  parent,  grandparent,  child,  stepchild,
  grandchild, brother or sister of the tenant or of the tenant's spouse or


  the spouse of any of the foregoing, who customarily occupied the housing
  accommodation  on  and before the effective date of this item seven. The
  tenant's spouse or an unmarried child or grandchild of  the  tenant  who
  temporarily  resided  elsewhere on the effective date of this item seven
  because of attendance at an educational institution or  service  in  the
  armed forces of the United States shall be deemed to be a related person
  in occupancy.
    (8)  No more than two housing accommodations in any one year period in
  an  owner-occupied   structure   containing   six   or   fewer   housing
  accommodations  which  are  or  become  vacant on or after August first,
  nineteen hundred seventy, by voluntary surrender or pursuant to  section
  26-408  of  this  chapter;  provided, however, that this exemption shall
  remain effective only so long as  the  housing  accommodations  are  not
  occupied  for  other  than  residential  dwelling purposes; and provided
  further, that if the city rent agency shall make a finding of harassment
  in violation of subdivision d of section 26-412  of  this  chapter  with
  respect to a housing accommodation in a structure containing six or less
  housing  accommodations,  in  addition  to  all  other criminal or civil
  fines,  penalties,  injunctive  relief  and  enforcement  penalties  and
  remedies  authorized  by  section  26-413  of  this  chapter, no housing
  accommodation in such structure shall be decontrolled pursuant  to  this
  item  eight  until a minimum period of three years has elapsed since the
  making of such finding of harassment by the city rent agency. Structures
  containing six or fewer housing accommodations shall be considered to be
  structures containing  six  or  fewer  housing  accommodations  for  the
  purposes  of this item eight, notwithstanding that such structures shall
  contain  commercial  accommodations  in   addition   to   such   housing
  accommodations.
    (9)  Housing  accommodations  which  became  vacant  on  or after June
  thirtieth, nineteen hundred seventy-one, provided,  however,  that  this
  exemption  shall  not  apply or become effective with respect to housing
  accommodations which the commissioner determines or finds became  vacant
  because  the  landlord  or  any person acting on his or her 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 or her use or occupancy of the housing accommodations  and
  provided,  further,  however,  that  nothing  contained  herein shall be
  deemed to preclude the applicability to such housing  accommodations  of
  the emergency tenant protection act of nineteen seventy-four.
    (10)  Housing accommodations not occupied by the tenant, not including
  subtenants or occupants, as his or her primary residence, as  determined
  by  a  court of competent jurisdiction. No action or proceeding shall be
  commenced seeking to recover possession on the  ground  that  a  housing
  accommodation  is  not  occupied  by  the  tenant  as his or her primary
  residence unless the owner or lessor shall have given thirty days notice
  to the tenant of his  or  her  intention  to  commence  such  action  or
  proceeding on such grounds.
    (j)  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 per annum in each  of  the  two  preceding  calendar  years,  as
  defined  in  and  subject  to  the  limitations and process set forth in
  section 26-403.1 of this chapter; and (2) have a  maximum  rent  of  two
  thousand  dollars  or  more  per  month.  Provided  however,  that  this
  exclusion shall not apply to  housing  accommodations  which  became  or


  become  subject to this law by virtue of receiving tax benefits pursuant
  to section four hundred eighty-nine of the real property tax law.
    (k)  Any  housing accommodation which becomes vacant on or after April
  first, nineteen hundred ninety-seven and where at the  time  the  tenant
  vacated  such  housing  accommodation  the maximum rent was two thousand
  dollars or more per month, or any  housing  accommodation  which  is  or
  becomes  vacant  on  or  after the effective date of the rent regulation
  reform act of 1997 with a maximum rent of two thousand dollars  or  more
  per  month.  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. Provided
  however, that this exclusion shall not apply to  housing  accommodations
  which  became  or  become subject to this law by virtue of receiving tax
  benefits pursuant to  section  four  hundred  eighty-nine  of  the  real
  property  tax  law.  This  subparagraph  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.
    f."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.
    g."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.
    h.  "Person." An individual, corporation, partnership, association, or
  any other organized group of  individuals  or  the  legal  successor  or
  representative of any of the foregoing.
    i.  "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.
    j. "State Enabling Act." The local emergency housing rent control act.
    k. "State Rent Act." The emergency housing rent control law.
    l.  "State  rent  commission."  The  temporary  state   housing   rent
  commission created by the emergency housing rent control law.
    m.  "Tenant."  A tenant, subtenant, lessee, sublessee, or other person
  entitled to the possession or to the use or  occupancy  of  any  housing
  accommodation.