George E. Pataki, Governor Joseph H. Holland, Commissioner
A publication of New York State
Division of Housing and Community Renewal
Office of Rent Administration
Fact Sheet #8 - Emergency Tenant Protection Act of 1974 (ETPA)
Chapter 576 Laws of 1974 as Last Amended
This bulletin provides only general information concerning ETPA. For
specific information, refer to the full text of the Act.
In Nassau, Rockland and Westchester counties, rent stabilization applies to
non-rent controlled apartments in buildings of six or more units built before
January 1, 1974 in localities that have declared an emergency and adopted
ETPA. In order for rents to be placed under regulation, there has to be a
rental vacancy rate of less than 5% for all or any class or classes of rental
housing accommodations. Some municipalities limit ETPA to buildings of a
specific size, for instance, buildings with 20 or more units.
Certain types of housing accommodations are not included in the provisions
of ETPA, for example: housing accommodations in buildings containing less than
six dwelling units; rent controlled apartments; motor courts; tourist homes;
nonprofit units; governmentally supervised housing; and housing accommodations
in buildings completed on, or after, January 1, 1974.
The Rent Regulation Reform Act of 1993 (RRRA) exempts certain apartments
from regulation. See Fact Sheet #1, "Rent Control and Rent Stabilization," for
information on the deregulation of high rent apartments and the deregulation
of high rent apartments occupied by high income tenants. Apartments in
buildings converted to co-op or condo ownership that are or become vacant on
or after July 7, 1993 are exempt from rent regulation.
Each municipality declaring an emergency and adopting local legislation pays
the cost of administering ETPA. In turn, each municipality can charge the
owners of housing accommodations a fee up to $10 per unit per year as the Act
The local rent guidelines boards (one each in Nassau, Rockland, and
Westchester counties) set maximum allowable rates for rent increases in
stabilized apartments. These guidelines rates are set once a year and are
effective for leases beginning on or after October 1st of each year.
For more information or assistance, call the DHCR Rent InfoLine (718) 739-
6400, or visit your County Rent Office.
50 Clinton Street
Hempstead, NY 11550
55 Church Street
White Plains, NY 10601
94-96 North Main Street
Spring Valley, NY 10977