New York Rent Laws
EHRCL Table of Contents

The Emergency Housing Rent Control Law of 1961 [EHRCL]

Section 12. APPLICATION. 1. Whenever the commission shall find that, in any municipality specified by the commission, (a) the percentage of vacancies in all or any particular class of housing accommodations is five per centum or more, or, (b) the availability of adequate rental housing accommodations and other relevant factors are such as to make rent control unnecessary for the purpose of eliminating speculative, unwarranted, and abnormal increases in rents and of preventing profiteering and speculative and other disruptive practices resulting from abnormal market conditions caused by congestion, the controls imposed upon rents by authority of this act in such municipality or with respect to any particular class of housing accommodations therein shall be abolished in the manner hereinafter provided; provided however that, except as otherwise provided in this section, no controls shall be abolished by the commission unless the commission shall hold a public hearing or hearings on such proposal at which interested persons are given a reasonable opportunity to be heard. Notice of such hearing shall be provided by publication in a daily newspaper published or having general circulation in the municipality affected not less than fifteen days prior to the date of the hearing. 2. Notwithstanding the provisions of this section or any other provision of this act, the local governing body of a city, town or village upon a finding that decontrol in such city, town or village is warranted after a public hearing upon notice by publication in a daily or weekly newspaper published or having general circulation in the city or town not less than twenty days prior to the date of hearing, and after notice to the commission, may adopt a resolution to decontrol all or any specified class of housing accommodation in such city, town or village. Such resolution shall thereafter be filed with the division. Upon receipt of any such resolution the controls imposed by authority of this act shall be abolished in the city, town or village affected with respect to housing accommodations specified in such resolution in the manner hereinafter specified. Notwithstanding the foregoing provisions of this paragraph, a city, town or village any portion of which is within the limits of an area designated as a critical defense housing area by the federal government at the time of adoption of the decontrol resolution, shall not become decontrolled without the approval of the commission. 2-a. Upon the issuance of an order of decontrol or upon the filing of a resolution resulting in decontrol of a housing accommodation pursuant to subdivision two, such decontrol shall take place: (a) if the landlord and tenant execute a written lease for a term of not less than two years wherein the landlord agrees to maintain the same services and equipment required by this act and which provides for an increase in the maximum rent not in excess of fifteen percent for the first year and not more than a second five percent increase for the second year and otherwise continues the terms and conditions of the existing tenancy; upon the execution of such lease; (b) if the landlord offers the tenant a lease in accordance with the terms provided in paragraph (a) and the tenant fails to execute such lease, six months from the date that the commission issued the order or the date the municipality filed the resolution, provided that the landlord has notified the tenant in writing by certified mail that his failure to execute the lease within thirty days of such notification will result in the decontrol of the housing accommodation on the date set forth therein, such date to be the expiration of such thirty days or such six months, whichever is later; or (c) if the landlord does not offer the tenant a lease in accordance with the terms provided in paragraph (a), two years from the date the commission issued the order or the municipality filed the resolution. 3. (a) Notwithstanding the provisions of section four or of any other inconsistent provision of this act, housing accommodations subject to rent control as provided for in this act on June thirtieth, nineteen hundred fifty-five, in any city or town within the counties of Cattaraugus, Chautauqua, Columbia, Dutchess, Erie, Fulton, Herkimer, Montgomery, Niagara, Ontario, Oswego, Saratoga, Seneca, Steuben, Suffolk, Ulster and Yates shall, subsequent to such date, be no longer subject to such rent control, except as hereinafter in this subdivision provided. (b) The governing body of any such city or town, as hereinafter specified, may, and it is hereby authorized and empowered to, by resolution duly adopted for such purpose not later than June thirtieth, nineteen hundred fifty-five, and declaring the continuance of emergency conditions therein, elect to be excluded from the operation of the provisions of this subdivision providing for the termination of rent control therein, to the extent specified in such resolution. In the case of any such city or town elsewhere than within the counties of Erie and Niagara, such resolution may provide for such exclusion with respect to all or any particular class of such housing accommodations within such city or town; and in the case of any such city or town within the counties of Erie or Niagara, such resolution may provide for such exclusion with respect to all or any particular class of such housing accommodations in such city or town, except (1) one family houses and (2) two family houses occupied in whole or in part by the owner. In the event of the adoption of such a resolution in any such city or town, the provisions of this subdivision providing for the termination of rent control therein shall not apply with respect to such housing accommodations within such city or town as specified in the resolution so adopted. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. (c) The governing body of any city or town elsewhere than in the counties of Columbia, Dutchess and Erie, as hereinafter specified, with respect to which the provisions of this subdivision providing for the termination of rent control therein are applicable and in effect subsequent to June thirtieth, nineteen hundred fifty-five, may, and it is hereby authorized and empowered to, by resolution duly adopted for such purpose at any time subsequent to such date and declaring the existence of emergency conditions therein, request the commission to reestablish the regulation of rents on housing accommodations therein, to the extent specified in such resolution. In the case of any such city or town elsewhere than within the county of Niagara, such resolution may request such reestablishment with respect to all or any particular class of such housing accommodations in such city or town; and in the case of any such city or town within the county of Niagara, such resolution may request such reestablishment with respect to all or any particular class of such housing accommodations in such city or town, except (1) one family houses and (2) two family houses occupied in whole or in part by the owner. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. Upon receipt of such resolution, the commission shall by regulation or order reestablish the same maximum rents for such housing accommodations within such city or town specified in such resolution as last previously established by the commission and in force and effect therein immediately prior to decontrol pursuant to this subdivision. Any such regulation or order shall take effect on the date specified in such resolution, and thereafter such maximum rents shall be and continue in force and effect as to such housing accommodations within such city or town until changed or abolished in accordance with the applicable provisions of this act, and all the provisions of this act applying generally with respect to maximum rents on such housing accommodations shall apply with respect thereto within such city or town. (d) Notwithstanding the provisions of section four or of any other inconsistent provision of this act, housing accommodations subject to rent control as provided for in this act on June thirtieth, nineteen hundred fifty- seven, in any city or town within the counties of Columbia, Dutchess or Erie shall, subsequent to such date, be no longer subject to such rent control, except as hereinafter in this subdivision provided. The governing body of any such city or town, as hereinbefore or hereinafter specified, may, and it is hereby authorized and empowered to, by resolution adopted for such purpose not later than June thirtieth, nineteen hundred fifty-seven, and declaring the continuance of emergency conditions therein, elect to be excluded from the operation of the provisions of this paragraph (d) providing for the termination of rent control therein, to the extent specified in such resolution. Such resolution may provide for such exclusion with respect to all or any particular class of housing accommodations subject to such rent control within such city or town. In the event of the adoption of such a resolution in any such city or town, the provisions of this paragraph (d) providing for the termination of rent control therein shall not apply with respect to such housing accommodations within such city or town as specified in the resolution so adopted. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. 4. (a) Notwithstanding any inconsistent provision of this act, the local governing body of any city or town within the county of Monroe, the county of Oneida, the county of Onondaga or the county of Schenectady wherein housing accommodations are or shall be subject to rent control as provided for in this act, by resolution duly adopted for such purpose not later than June thirtieth, nineteen hundred fifty-five, may, and it is hereby authorized and empowered to, elect that the provisions of paragraph (j) of subdivision two of section two hereof excepting housing accommodations in one family houses, and in two family houses occupied in whole or in part by the owner thereof, in such counties from the classifications of housing accommodations subject to rent control shall not apply in such city or town; and in the event of the adoption of such a resolution in any such city or town, such housing accommodations specified in such subdivision within such city or town shall continue to be subject to rent control. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. (b) Notwithstanding any inconsistent provision of this act, the local governing body of any city or town within the county of Monroe, the county of Oneida or the county of Schenectady wherein housing accommodations are or shall be subject to rent control as provided in this act, and wherein the provisions of paragraph (j) of subdivision two of section two hereof excepting housing accommodations in one family houses, and in two family houses occupied in whole or in part by the owner thereof, in such city or town, from the classifications of housing accommodations subject to rent control are in force and effect subsequent to June thirtieth, nineteen hundred fifty-five, by resolution duly adopted for such purpose at any time subsequent to such date, may, and it is hereby authorized and empowered to, request the commission to reestablish the regulation of rents on such housing accommodations therein. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. Upon receipt of such resolution, the commission shall by regulation or order reestablish the same maximum rents for such housing accommodations within such city or town as last previously established by the commission and in force and effect therein immediately prior to decontrol pursuant to the provisions of paragraph (j) of subdivision two of section two hereof. Any such regulation or order shall take effect on the date specified in such resolution, and thereafter such maximum rents shall be and continue in force and effect as to such housing accommodations within such city or town until changed or abolished in accordance with the applicable provisions of this act, and all the provisions of this act applying generally with respect to maximum rents on such housing accommodations shall apply with respect thereto within such city or town. 5. Notwithstanding any inconsistent provision of this act, the local governing body of any city or town other than the city of New York, wherein housing accommodations are or shall be subject to rent control as provided for in this act, by resolution duly adopted for such purpose not later than June thirtieth, nineteen hundred fifty-seven, may, and it is hereby authorized and empowered to, elect that the provisions of paragraph (k) of subdivision two of section two hereof excepting housing accommodations, other than housing accommodations used as boarding houses or rooming houses in the county of Westchester which are or become vacant therein from the classifications of housing accommodations subject to rent control shall not apply in such city or town; and in the event of the adoption of such a resolution in any such city, or town, such housing accommodations specified in such subdivision within such city or town shall continue to be subject to rent control in like manner as before. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. 6. Notwithstanding any inconsistent provision of this act, the local governing body of the city of Albany, by resolution duly adopted for such purpose not later than June thirtieth, nineteen hundred sixty-five, determining the existence of a public emergency requiring the regulation and control of residential rents and evictions within such city, which determination shall follow a survey which such city shall have caused to be made of the supply of housing accommodations within such city, the condition of such accommodations and the need for re-establishing the regulation and control of residential rents and evictions within such city, may, and it is hereby authorized and empowered to request the commission to re-establish the regulations of rents with respect to all or any particular class of housing accommodations in the city of Albany, to the extent specified in such resolution. Any such resolution, upon adoption, shall forthwith be transmitted to the commission. Upon receipt of such resolution, the commission shall forthwith by regulation or order fix as the maximum rents therefor the rents which were lawfully chargeable therefor on April first, nineteen hundred sixty-two, in accordance with the request contained in such resolution. Any such regulation or order recontrolling rents shall take effect on the date specified in such resolution, and thereafter the maximum rents established thereby shall be and continue in force and effect as to such housing accommodations within such city until changed or abolished in accordance with the applicable provisions of this act and the regulations adopted thereunder, and all the provisions of this act applying generally with respect to maximum rents on such housing accommodations and evictions therefrom shall apply with respect thereto within such city. 7. Notwithstanding any inconsistent provision of this act, the local governing body of the city of Mount Vernon, by resolution duly adopted for such purpose not later than sixty days after the effective date of this subdivision, determining the existence of a public emergency requiring the regulation and control of residential rents and evictions within such city and the need for re-establishing the regulation and control of residential rents and evictions within such city for housing accommodations subject to the provisions of this act on the first day of June, nineteen hundred eighty-three, may, and it is hereby authorized and empowered to request the division of housing and community renewal to re-establish the regulations of rents with respect to such housing accommodations in the city of Mount Vernon, to the extent specified in such resolution. Any such resolution, upon adoption, shall forthwith be transmitted to the division of housing and community renewal. Upon receipt of such resolution, the division of housing and community renewal shall forthwith by regulation or order fix as the maximum rents therefor the rents which were lawfully chargeable therefor on June first, nineteen hundred eighty-three, in accordance with the request contained in such resolution. Any such regulation or order recontrolling rents shall be deemed to have been in full force and effect on and after the first day of June, nineteen hundred eighty-three, and thereafter the maximum rents established thereby shall be and continue in force and effect as to such housing accommodations within such city until changed or abolished in accordance with the applicable provisions of this act and the regulations adopted thereunder, and all the provisions of this act applying generally with respect to maximum rents on such housing accommodations and evictions therefrom shall apply with respect thereto within such city.


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