Section 2. DEFINITIONS.
When used in this act, unless a different meaning clearly appears
from the context, the following terms shall mean and include:
1. "Commission". Prior to July first, nineteen hundred sixty-
four, the temporary state housing rent commission created by
this act. On and after July first, nineteen hundred sixty-
four, the division of housing and community renewal in the
executive department.
2. "Housing accommodation." 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, 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 were
previously exempt, or not subject to control as a result of
conversion or a change from a non-housing to a housing use
and which have subsequently been certified by a municipal
department having jurisdiction to be a fire hazard or in a
continued dangerous condition or detrimental to life or
health but only so long as such illegal or hazardous
condition continues and further certification with respect
thereto shall not be required notwithstanding any
inconsistent provision of this act, and any plot or parcel
of land which had been rented prior to May first, nineteen
hundred fifty, for the purpose of permitting the tenant
thereof to construct or place his own dwelling thereon,
unless exempt or excluded from control pursuant to any other
provision of this act, except that it shall not include
structures in which all of the housing accommodations are
exempt or not subject to control under this act or any
regulation issued thereunder; or
(a) 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
(b) notwithstanding any previous order, finding, opinion or
determination of the 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 whether such
establishment provides either some services customarily
provided by hotels, or is represented to be a hotel, or
both; and provided further that housing accommodations
in hotels only within the cities of Buffalo and New
York 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 act; or
(c) any motor court, or any part thereof; any trailer, or
trailer space used exclusively for transient occupancy
or any part thereof; or any tourist home serving
transient guests exclusively, or any part thereof; or
(d) 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
immediate family; or
(e) housing accommodations operated by the United States,
the state of New York, or any political subdivision
thereof, or by any municipal or public authority, only
so long as they are so operated; or housing
accommodations in buildings in which rentals are fixed
by or subject to the supervision of the commissioner of
housing and community renewal pursuant to powers
granted under laws other than the emergency housing
rent control law;
(f) housing accommodations in buildings operated
exclusively for charitable purposes on a non-profit
basis; or
(g) housing accommodations which were completed on or after
February first, nineteen hundred forty-seven, provided,
however, 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 which are (1) housing
accommodations created by a change from a non-housing
to a housing use on or after February first, nineteen
hundred forty-seven, or which are (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 conversion of housing accommodations on
or after May first, nineteen hundred fifty, shall
continue to be subject to rent control as provided for
herein unless the commission issues an order
decontrolling them which it shall do 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 commission; provided further, however, that such
order of decontrol shall not apply to that portion of
the original housing accommodation 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
section five of this act; or
(h) housing accommodations which are rented after April
first, nineteen hundred fifty-three, and have been
continuously occupied by the owner thereof for a period
one year prior to the date of renting; provided,
however, that this paragraph 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 this act within the
two year period immediately preceding the date of such
renting, 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
(i) housing accommodations which become vacant provided,
however, that this exemption shall not apply or become
effective where the commission determines or finds that
the housing accommodations became vacant because the
landlord or any person acting on his 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 use or occupancy of the
housing accommodations; and further provided that
housing accommodations as to which a housing emergency
has been declared pursuant to the emergency tenant
protection act of nineteen seventy-four shall be
subject to the provisions of such act for the duration
of such emergency; or
(j) housing accommodations (not otherwise exempt or
excluded from control) in two family houses occupied in
whole or in part by the owner thereof, and in one
family houses whether or not so occupied, on and after
July first, nineteen hundred fifty-five, in the
counties of Monroe, Nassau, Oneida, Onondaga and
Schenectady, and, on and after July first, nineteen
hundred fifty-seven, any housing accommodations in the
county of Onondaga containing four rental units or
less, provided, however, that this exemption with
respect to one and two family houses shall remain
effective only so long as the housing accommodations
are not occupied for other than single family
occupancy, and provided further, however, that this
exemption shall become or remain effective in any city
or town within the counties of Monroe, Oneida or
Schenectady subject to the provisions of subdivision
four of section twelve hereof providing for the
continuance or reestablishment of controls with respect
to such housing accommodations therein; or
(k) housing accommodations (not otherwise exempt or
excluded from control) elsewhere than in the city of
New York, except housing accommodations used as
boarding houses or rooming houses in the county of
Westchester, which are or become vacant on or after
July first, nineteen hundred fifty-seven, provided,
however, that this exemption shall not apply or become
effective in any case where the vacancy in the housing
accommodations occurred or occurs because of the
removal of the tenant to another housing accommodation
in the same building, or because of the eviction of the
tenant after the issuance of a final order in a summary
proceeding to recover possession of the housing
accommodation, whether after a trial of the issues or
upon the consent or default of the tenant or otherwise
without a trial, and provided, further, however that
this exemption shall become effective in any city or
town subject to the provisions of subdivision five of
section twelve hereof providing for the continuance of
control with respect to such housing accommodations,
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.
(l) housing accommodations which are not occupied by the
tenant in possession as his primary residence provided,
however, that any such housing accommodation shall
continue to be subject to rent control as provided
herein unless the commission issues an order
decontrolling such accommodation which the commission
shall do upon application by the landlord, whenever it
is established by any facts and circumstances which, in
the judgment of the commission, may have a bearing upon
the question of residence, that the tenant maintains
his primary residence at some place other than at such
housing accommodation.
(m) 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 two hundred fifty thousand dollars in each of
the two preceding calendar years, as defined in and
subject to the limitations and process set forth in
section two-a of this law; and (2) have a maximum rent
of two thousand dollars or more per month as of October
first, nineteen hundred ninety-three.
(n) any housing accommodation with a maximum rent of two
thousand dollars or more per month at any time between
the effective date of this paragraph and October first,
nineteen hundred ninety-three which is or becomes
vacant on or after the effective date of this
paragraph. This exclusion 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.
2-a. The landlord of a housing accommodation specified in
paragraph (h) or (i) or (j) or (k) of subdivision two of
this section shall file a report with the commission within
thirty days following the date of first rental of such
accommodation after decontrol. No copy of such report shall
be required to be served upon the new tenant of such housing
accommodation.
3. "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.
4. "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.
5. "Person." An individual, corporation, partnership,
association, or any other organized group of individuals or
the legal successor or representative of any of the
foregoing.
6. "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.
7. "Tenant." A tenant, subtenant, lessee, sublessee, or other
person entitled to the possession or to the use or occupancy
of any housing accommodation.
8. "Documents." Records, books, accounts, correspondence,
memoranda and other documents, and drafts and copies of any
of the foregoing.
9. "Municipality." A city, town or village.
10. "Local governing body."
a. In the case of a city, the council, common council or
board of aldermen and the board of estimate, board of
estimate and apportionment or board of estimate and
contract, if there be one.
b. In the case of a town, the town board.
c. In the case of a village, the board of trustees.
11. "Local laws." The local laws specified in chapter one of the
laws of nineteen hundred fifty, namely local laws numbers
twenty-one, twenty-three, twenty-four, twenty-five and
seventy-three of the local laws of the city of New York for
the year nineteen hundred forty-nine; and local law number
three of the city of Buffalo for the year nineteen hundred
forty-seven.
12. "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.
-----------------------------
Section 2-a. [PURSUANT TO RENT REFORM ACT OF 1993]
(a) For purposes of this section, annual income shall mean the
federal adjusted gross income as reported on the New York
state income tax return. Total annual income means the sum
of the annual incomes of all persons who occupy the housing
accommodation as their primary residence on other than a
temporary basis, excluding bona fide employees of such
occupants residing therein in connection with such
employment and excluding bona fide subtenants in occupancy
pursuant to the provisions of section two hundred twenty-six-
b of the real property law. In the case where a housing
accommodation is sublet, the annual income of the sublessor
shall be considered.
(b) On or before the first day of May in each calendar year, the
owner of each housing accommodation for which the maximum
rent as of October first, nineteen hundred ninety-three is
two thousand dollars or more per month may provide the
tenant or tenants residing therein with an income
certification form prepared by the division of housing and
community renewal on which such tenant or tenants shall
identify all persons referred to in subdivision (a) of this
section and shall certify whether the total annual income is
in excess of two hundred fifty thousand dollars in each of
the two preceding calendar years. Such income certification
form shall state that the income level certified to by the
tenant may be subject to verification by the department of
taxation and finance pursuant to section one hundred seventy-
one-b of the tax law and shall not require disclosure of any
income information other than whether the aforementioned
threshold has been exceeded. Such income certification form
shall clearly state that: (i) only tenants residing in
housing accommodations which had a maximum rent of two
thousand dollars or more per month as of October first,
nineteen hundred ninety-three are required to complete the
certification form; (ii) that tenants have protections
available to them which are designed to prevent harassment;
(iii) that tenants are not required to provide any
information regarding their income except that which is
requested on the form and may contain such other information
the division deems appropriate. The tenant or tenants shall
return the completed certification to the owner within
thirty days after service upon the tenant or tenants. In the
event that the total annual income as certified is in excess
of two hundred fifty thousand dollars in each such year, the
owner may file the certification with the state division of
housing and community renewal on or before June thirtieth of
such year. Upon filing such certification with the division,
the division shall, within thirty days after the filing,
issue an order of decontrol providing that such housing
accommodations shall not be subject to the provisions of
this law as of the first day of June in the year next
succeeding the filing of the certification by the owner. A
copy of such order shall be mailed by regular and certified
mail, return receipt requested, to the tenant or tenants and
a copy thereof shall be mailed to the owner.
(c) 1. In the event that the tenant or tenants either
fail to return the completed certification to the owner
on or before the date required by subdivision (b) of
this section or the owner disputes the certification
returned by the tenant or tenants, the owner may, on or
before June thirtieth of such year, petition the state
division of housing and community renewal to verify,
pursuant to section one hundred seventy-one-b of the
tax law, whether the total annual income exceeds two
hundred fifty thousand dollars in each of the two
preceding calendar years. Within twenty days after the
filing of such request with the division, the division
shall notify the tenant or tenants that such tenant or
tenants must provide the division with such information
as the division and the department of taxation and
finance shall require to verify whether the total
annual income exceeds two hundred fifty thousand
dollars in each such year. The division's notification
shall require the tenant or tenants to provide the
information to the division within sixty days of
service upon such tenant or tenants and shall include a
warning in bold faced type that failure to respond will
result in an order of decontrol being issued by the
division for such housing accommodation.
2. If the department of taxation and finance determines
that the total annual income is in excess of two
hundred fifty thousand dollars in each of the two
preceding calendar years, the division shall, on or
before November fifteenth of such year, notify the
owner and tenants of the results of such verification.
Both the owner and the tenants shall have thirty days
within which to comment on such verification results.
Within forty-five days after the expiration of the
comment period, the division shall, where appropriate,
issue an order of decontrol providing that such housing
accommodation shall not be subject to the provisions of
this law as of the first day of March in the year next
succeeding the filing of the owner's petition with the
division. A copy of such order shall be mailed by
regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be
sent to the owner.
3. In the event the tenant or tenants fail to provide the
information required pursuant to paragraph one of this
subdivision, the division shall issue, on or before
December first of such year, an order of decontrol
providing that such housing accommodation shall not be
subject to the provisions of this law as of the first
day of March in the year next succeeding the last day
on which the tenant or tenants were required to provide
the information required by such paragraph. A copy of
such order shall be mailed by regular and certified
mail, return receipt requested, to the tenant or
tenants and a copy thereof shall be sent to the owner.
4. The provisions of the state freedom of information act
shall not apply to any income information obtained by
the division pursuant to this section.
(d) This section shall apply only to paragraph (m) of
subdivision two of section two of this law.