2006 New York Code - Exclusion Of High Rent Accommodations.

 
    * §  26-504.2  Exclusion  of  high  rent  accommodations.  a. "Housing
  accommodations"  shall  not  include  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
  legal  regulated 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 legal
  regulated 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  (a)  by  virtue of receiving tax benefits pursuant to section
  four hundred twenty-one-a  or  four  hundred  eighty-nine  of  the  real
  property  tax  law,  except as otherwise provided in subparagraph (i) of
  paragraph (f) of subdivision two of section four hundred twenty-one-a of
  the real property tax law, or (b) by virtue of article  seven-C  of  the
  multiple  dwelling  law.  This  section  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, 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.
    b. The owner of any housing accommodation that is not subject to  this
  law  pursuant  to  the  provisions  of  subdivision a of this section or
  subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
  code shall give written notice certified by  such  owner  to  the  first
  tenant  of  that  housing accommodation after such housing accommodation
  becomes exempt from the provisions of this law  or  the  city  rent  and
  rehabilitation  law.  Such notice shall contain the last regulated rent,
  the reason that such housing accommodation is not subject to this law or
  the city rent and rehabilitation law, a calculation of  how  either  the
  rental  amount  charged  when  there  is  no  lease or the rental amount
  provided for in the lease has been derived so as to reach  two  thousand
  dollars  or  more  per  month, a statement that the last legal regulated
  rent or the maximum rent may be verified by the tenant by contacting the
  state division of  housing  and  community  renewal,  or  any  successor
  thereto,  and  the  address  and telephone number of such agency, or any
  successor thereto. Such notice shall be sent by  certified  mail  within
  thirty  days  after  the  tenancy  commences or after the signing of the
  lease by both parties, whichever occurs first or shall be  delivered  to
  the  tenant  at  the  signing of the lease. In addition, the owner shall
  send and certify to the tenant a copy of the registration statement  for
  such  housing accommodation filed with the state division of housing and
  community renewal indicating  that  such  housing  accommodation  became
  exempt   from   the  provisions  of  this  law  or  the  city  rent  and
  rehabilitation law, which form shall include the  last  regulated  rent,
  and  shall  be  sent  to the tenant within thirty days after the tenancy
  commences or the filing of such registration, whichever occurs later.
    * NB Expires April 1, 2009