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
                             [Revised 1/95]

     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
Lynbrook                        Mineola
Rockville Center                Russell Gardens
Thomaston                       Glen Cove
Long Beach

For more information or assistance, call or visit your local
District Rent Office.

50 Clinton St. 6th Fl.
Hempstead, NY   11550
(516) 481-9494

94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

55 Church St.
White Plains, NY  10601
(914) 948-4434

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name