|
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.
|
