George E. Pataki, Governor Joseph H. Holland, Commissioner
A publication of New York State
Division of Housing and Community Renewal
Office of Rent Administration
ETPA Fact Sheet #7 - Emergency Tenant Protection Act of 1974
Chapter 576 Laws of 1974 (ETPA) 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, ETPA 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 example, 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; certain governmentally supervised housing; and housing
accommodations in buildings completed on, or after, January 1, 1974.
Each municipality declaring an emergency and adopting local legislation
pays the cost of administering ETPA in Nassau, Rockland and Westchester
counties. In turn, each municipality can charge the owners of housing
accommodations a fee (up to $10 per unit per year) as the Act provides.
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 commencing on or after October 1st of each year.
Each Rent Guidelines Board consists of nine members: two representing
tenants, two representing property owners, and five public members with at
least five years experience in either finance, economics, or housing. The
Commissioner appoints the Chair from the five public members.
Like rent control, ETPA provides other protection to tenants besides rent
regulation. Tenants are entitled to receive essential services, to have their
leases renewed, and cannot be evicted except on grounds allowed by law.
Tenants can choose whether to renew their leases for one or two years. [See
Fact Sheet on Lease Renewal.]
Municipalities in Rockland, Westchester, and Nassau Counties with ETPA
Town of Haverstraw
Village of Spring Valley
City of Mount Vernon City of New Rochelle
City of White Plains City of Yonkers
City of Eastchester Town of Harrison
Town of Mamaroneck Town of North Tarrytown
Town of Greenburgh Village of Dobbs Ferry
Village of Hastings-on-Hudson Village of Kisco
Village of Larchmont Village of Mamaroneck
Village of Pleasantville Village of Portchester
Village of Tarrytown Village of Irvington-on-Hudson
Town of North Hempstead Baxter Estates
Cedarhurst Floral Park
Freeport Great Neck
Great Neck Plaza Hempstead
Rockville Center Russell Gardens
Thomaston Glen Cove
For more information or assistance, call or visit your local
District Rent Office.
50 Clinton St. 6th Fl.
Hempstead, NY 11550
94-96 North Main St.
Spring Valley, NY 10977
55 Church St.
White Plains, NY 10601