The EMERGENCY HOUSING RENT CONTROL LAW (or State Rent Control)
was first enabled in 1946 and amended throughout the years. It
continued Rent Control from the expiring Federal Emergency Price
Control Act (EPCA).
Also see: Local Emergency Rent Control Law (1962), DHCR Policy
Statements, DHCR Operational Bulletins, DHCR Advisory Opinions,
and various Rent Stabilization Statutes.
Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
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current or will be applied as written. The reader is advised
that DHCR often fails to properly apply, interpret or enforce
housing laws. Since housing laws are complex and often contradictory,
it is recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group.
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Chapter 274 of the laws of 1946 and as amended
generally by chapter 337 of the laws of 1961
State Rent Control
EMERGENCY HOUSING RENT CONTROL LAW
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TABLE OF CONTENTS*
Section 1. Declaration and findings; termination.
Section 2. Definitions.
Section 3. Temporary state housing rent commission.
Section 4. General powers and duties of the commission.
Section 5. Evictions.
Section 6. Investigations; records; reports.
Section 7. Cooperation with other governmental agencies.
Section 8. Procedure.
Section 9. Judicial review.
Section 10. Prohibitions.
Section 11. Enforcement.
Section 12. Application.
Section 13. Pending proceedings.
Section 14. Intent.
Section 15. Separability.
Section 16. Matters pending before the commission
Section 17. Short title.
* NB Effective until 97/06/15
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Section 1. DECLARATION AND FINDINGS; TERMINATION.
1. The legislature hereby finds that a serious public emergency
continues to exist in the housing of a considerable number
of persons in the state of New York which emergency was
created by war, the effects of war and the aftermath of
hostilities; that such emergency necessitated the
intervention of federal, state and local government in order
to prevent speculative, unwarranted and abnormal increases
in rents; that there continues to exist an acute shortage of
dwellings; that unless residential rents and evictions
continue to be regulated and controlled, disruptive
practices and abnormal conditions will produce serious
threats to the public health, safety and general welfare;
that to prevent such perils to health, safety and welfare,
preventive action by the legislature continues to be
imperative; that such action is necessary in order to
prevent exactions of unjust, unreasonable and oppressive
rents and rental agreements and to forestall profiteering,
speculation and other disruptive practices tending to
produce threats to the public health; that the transition
from regulation to a normal market of free bargaining
between landlord and tenant, while still the objective of
state policy, must be administered with due regard for such
emergency; that in order to prevent uncertainty, hardship
and dislocation, the provisions of this act are declared to
be necessary and designed to protect the public health,
safety and general welfare.
2. The provisions of this act, and all regulations, orders and
requirements thereunder shall remain in full force and
effect until and including June 15, 1997.
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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.
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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.
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Section 3. TEMPORARY STATE HOUSING RENT COMMISSION.
1. There is hereby created a temporary state commission, to be
known as the temporary state housing rent commission. Such
commission shall consist of one commissioner, to be known as
the state rent administrator, who shall be appointed by the
governor, by and with the advice and consent of the senate,
and who shall serve during the pleasure of the governor. He
shall receive an annual salary to be provided by law. He
shall be entitled to his expenses actually and necessarily
incurred by him in the performance of his duties.
2. The commission shall establish and maintain such offices
within the state as the commission may deem necessary, and
shall designate one of them as its principal office. The
commission may appoint such officers, counsel, employees and
agents as the commission may deem necessary, fix their
compensation within the limitations provided by law, and
prescribe their duties. All employees of the commission
shall be appointed in accordance with the provisions of the
civil service law and rules.
3. Any officer or employee under federal or municipal civil
service selected by the commission may, with the consent of
the appropriate governmental agency by which he is or has
been employed, be transferred without further examination or
qualification to comparable offices, positions and
employment under the commission. Any such officer or
employee who has been appointed to an office or position
under the rules and classifications of the state or any
municipal civil service commission, shall retain, upon such
transfer, the civil service classification and status which
he had prior to such transfer. Any such officer or employee
who at the time of transfer has a temporary or provisional
appointment shall be subject to removal, examination or
termination as though such transfer had not been made. The
commission may, by agreement with the appropriate federal
agency and state civil service commission, make similar
provision for any federal officer or employee so
transferred. Notwithstanding the provisions of any other
law, any such officer or employee so transferred, pursuant
to the provisions of this section, who is a member or
beneficiary under any existing municipal pension or
retirement system, shall continue to have all rights,
privileges, obligations and status with respect to such
fund, system or systems as are now prescribed by law, but
during the period of his employment by the commission, all
contributions to any pension or retirement fund or system to
be paid by the employer on account of such officer or
employee, shall be paid by the commission. The commission
may by agreement with the appropriate federal agency, make
similar provisions relating to retirement for any federal
officer or employee so transferred.
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Section 4. GENERAL POWERS AND DUTIES OF THE COMMISSION.
1. At the time this act shall become effective, the commission
shall establish maximum rents which shall be
(a) for housing accommodations outside the city of New
York, the maximum rent which was established on March
first, nineteen hundred fifty, pursuant to the federal
act, and shall not include adjustments granted by
orders issued under the federal act after that date,
regardless of whether they were made effective as of,
or retroactive to, that date or a date prior thereto;
and
(b) for housing accommodations within the city of New York,
the maximum rent which was established on March first,
nineteen hundred fifty, pursuant to the federal act,
and shall not include either, (1) adjustments granted
by orders issued under the federal act after that date,
regardless of whether they were made effective as of,
or retroactive to, that date or a date prior thereto,
or (2) adjustments granted by orders increasing the
maximum rent, issued after March first, nineteen
hundred forty-nine, under the federal act, regardless
of whether the order of increase was made effective as
of, or retroactive to, March first, nineteen hundred
forty-nine, or a date prior thereto, but shall include
adjustments for new or additional services or
facilities provided by the landlord while the housing
accommodations were not rented or where tenant-
occupied, to which the tenant then in possession had
agreed, either expressly or impliedly; and
(c) for housing accommodations within the cities of New
York and Buffalo which on March first, nineteen hundred
fifty, had no maximum rent established pursuant to the
federal act, but which were subject to a maximum rent
established pursuant to the local laws of the cities of
New York and Buffalo, the maximum rent which was
established on March first, nineteen hundred fifty,
pursuant to such local laws.
2. Whenever the commission determines that such action is
necessary to effectuate the purposes of this act, it may
also establish maximum rents for housing accommodations, as
that term is defined herein, in municipalities in which no
maximum rent was in effect on March first, nineteen hundred
fifty. Any housing accommodation for which a maximum rent is
so established shall be deemed a housing accommodation for
all the purposes, and subject to all the provisions of this
act.
2-a. For housing accommodations created by a change from a non-
housing to a housing use or by conversion on or after
February first, nineteen hundred forty-seven, including
those decontrolled by order, and certified by a municipal
department having jurisdiction to be a fire hazard or in a
continued dangerous condition or detrimental to life or
health, the maximum rent shall be the rent charged on
January first, nineteen hundred fifty-seven, or the date of
first rental, whichever is later. Any housing accommodations
for which a maximum rent is so established shall be deemed a
housing accommodation for all the purposes, and subject to
all the provisions of this act, 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.
2-b. Provision shall be made pursuant to regulations prescribed
by the commission for the establishment, adjustment and
modification of maximum rents in rooming houses, which shall
include those housing accommodations subject to control
pursuant to the provisions of paragraph (b) of subdivision
two of section two of this act, having regard for any
factors bearing on the equities involved, consistent with
the purposes of this act to correct speculative, abnormal
and unwarranted increases in rent.
3. Whenever the foregoing standard is not susceptible of
application to a housing accommodation to which this act
applies, and for which no maximum rent was established on
March first, nineteen hundred fifty, or where no
registration statement had been filed as had been required
by the federal act, the maximum rent thereof shall be fixed
by the commission, having regard to the maximum rents for
comparable housing accommodations or any other factors
bearing on the equities involved, consistent with the
purposes of this act.
3-a. Notwithstanding the foregoing provisions of this section, on
and after May first, nineteen hundred fifty-three, the
maximum rent for any housing accommodations shall not be
less than the maximum rent in effect on March first,
nineteen hundred forty-three (or if there was no such
maximum rent then in effect, the maximum rent first
established pursuant to the federal act prior to July first,
nineteen hundred forty-seven) plus fifteen per centum
thereof as such sum is adjusted to reflect:
(1) the amount of any decreases in maximum rent required by
order because of decreases in dwelling space, services,
furniture, furnishings or equipment, or substantial
deterioration or failure to properly maintain such
housing, and
(2) the amount of increases in maximum rent authorized by
order because of increases in dwelling space, services,
furniture, furnishings or equipment, or major capital
improvements.
Nothing contained in this subdivision, however, shall have
the effect of increasing the maximum rent of any housing
accommodation more than fifteen per centum above the maximum
rent in effect on April thirtieth, nineteen hundred fifty-
three.
4. (a) The commission may from time to time adopt,
promulgate, amend or rescind such rules, regulations
and orders as it may deem necessary or proper to
effectuate the purposes of this act, including
practices relating to recovery of possession; provided
that such regulations can be put into effect without
general uncertainty, dislocation and hardship
inconsistent with the purposes of this act; and
provided further that such regulations shall be
designed to maintain a system of rent controls at
levels which, in the judgment of the commission, are
generally fair and equitable and which will provide for
an orderly transition from and termination of emergency
controls without undue dislocations, inflationary price
rises or disruption. Provision shall be made pursuant
to regulations prescribed by the commission, for
individual adjustment of maximum rents where the rental
income from a property yields a net annual return of
less than seven and one-half per centum of the
valuation of the property. Such valuation shall be the
current assessed valuation established by a city, town
or village, which is in effect at the time of the
filing of the application for an adjustment under this
subparagraph properly adjusted by applying thereto the
ratio which such assessed valuation bears to the full
valuation as determined by the state board of
equalization and assessment on the basis of assessment
rolls of cities, towns and villages for the year
nineteen hundred fifty-four and certified for such year
by such board pursuant to section forty-nine-d of the
tax law; provided, however, that where at the time of
the filing of the application for an adjustment under
this subparagraph such board has computations for such
year indicating a different ratio for subclasses of
residential property in a city, town or village, the
commission shall give due consideration to such
different ratio except ratios in excess of one hundred
percent, provided, further, that where such board has
not determined and certified any ratio pursuant to such
section of such law for a city, town or village for
such year, the commission shall apply the ratio
determined or certified by such board pursuant to
section twelve hundred twelve of the real property tax
law for the most recent year; except where there has
been a bona fide sale of the property within the period
between March fifteenth, nineteen hundred fifty-seven,
and the time of the filing of the application, as the
result of a transaction at arms` length, on normal
financing terms at a readily ascertainable price and
unaffected by special circumstances such as a forced
sale, exchange of property, package deal, wash sale or
sale to cooperative; provided, however, that where
there has been more than one such bona fide sale within
a period of two years prior to the date of the filing
of such application the commission shall disregard the
most recent of such sales if a prior sale within such
two-year period was adopted as the valuation of the
property in a proceeding under this subparagraph. In
determining whether a sale was on normal financing
terms, the commission shall give due consideration to
the following factors:
(i) The ratio of the cash payment received by the
seller to (a) the sales price of the property
and (b) the annual gross income from the
property;
(ii) The total amount of the outstanding mortgages
which are liens against the property (including
purchase money mortgages) as compared with the
equalized assessed valuation of the property;
(iii) The ratio of the sales price to the annual gross
income of the property, with consideration given
to the total amount of rent adjustments
previously granted, exclusive of rent
adjustments because of changes in dwelling
space, services, furniture, furnishings or
equipment, major capital improvements, or
substantial rehabilitation;
(iv) The presence of deferred amortization in
purchase money mortgages, or the assignment of
such mortgages at a discount;
(v) Any other facts and circumstances surrounding
such sale which, in the judgment of the
commission, may have a bearing upon the question
of financing.
No application for adjustment of maximum rent based
upon a sales price valuation shall be filed by the
landlord under this subparagraph prior to six months
from the date of such sale of the property. In
addition, no adjustment ordered by the commission based
upon such sales price valuation shall be effective
prior to one year from the date of such sale. Where,
however, the assessed valuation of the land exceeds
four times the assessed valuation of the buildings
thereon, the commission may determine a valuation of
the property equal to five times the equalized assessed
valuation of the buildings, for the purposes of this
subparagraph. The commission may make a determination
that the valuation of the property is an amount
different from such equalized assessed valuation where
there is a request for a reduction in such assessed
valuation currently pending; or where there has been a
reduction in the assessed valuation for the year next
preceding the effective date of the current assessed
valuation in effect at the time of the filing of the
application. Net annual return shall be the amount by
which the earned income exceeds the operating expenses
of the property, excluding mortgage interest and
amortization, and excluding allowances for obsolescence
and reserves, but including an allowance for
depreciation of two per centum of the value of the
buildings exclusive of the land, or the amount shown
for depreciation of the buildings in the latest
required federal income tax return, whichever is lower;
provided, however, that no allowance for depreciation
of the buildings shall be included where the buildings
have been fully depreciated for federal income tax
purposes or on the books of the owner; or (2) the
landlord who owns no more than four rental units within
the state has not been fully compensated by increases
in rental income sufficient to offset unavoidable
increases in property taxes, fuel, utilities, insurance
and repairs and maintenance, excluding mortgage
interest and amortization, and excluding allowances for
depreciation, obsolescence and reserves, which have
occurred since the federal date determining the maximum
rent or the date the property was acquired by the
present owner, whichever is later; or (3) the landlord
operates a hotel or rooming house or owns a cooperative
apartment and has not been fully compensated by
increases in rental income from the controlled housing
accommodations sufficient to offset unavoidable
increases in property taxes and other costs as are
allocable to such controlled housing accommodations,
including costs of operation of such hotel or rooming
house, but excluding mortgage interest and
amortization, and excluding allowances for
depreciation, obsolescence and reserves, which have
occurred since the federal date determining the maximum
rent or the date the landlord commenced the operation
of the property, whichever is later; or (4) the
landlord and tenant voluntarily enter into a valid
written lease in good faith with respect to any housing
accommodation, which lease provides for an increase in
the maximum rent not in excess of fifteen per centum
and for a term of not less than two years, except that
where such lease provides for an increase in excess of
fifteen per centum, the increase shall be automatically
reduced to fifteen per centum; or (5) the landlord and
tenant by mutual voluntary written agreement agree to a
substantial increase or decrease in dwelling space or a
change in the services, furniture, furnishings or
equipment provided in the housing accommodations;
provided that an owner shall be entitled to a rent
increase where there has been a substantial
modification or increase of dwelling space or an
increase in the services, or installation of new
equipment or improvements or new furniture or
furnishings provided in or to a tenant's housing
accommodation. The permanent increase in the maximum
rent for the affected housing accommodation shall be
one-fortieth of the total cost incurred by the landlord
in providing such modification or increase in dwelling
space, services, furniture, furnishings or equipment,
including the cost of installation, but excluding
finance charges provided further that an owner who is
entitled to a rent increase pursuant to this clause
shall not be entitled to a further rent increase based
upon the installation of similar equipment, or new
furniture or furnishings within the useful life of such
new equipment, or new furniture or furnishings. The
owner shall give written notice to the commission of
any such adjustment pursuant to this clause; or (6)
there has been, since March first, nineteen hundred
fifty, an increase in the rental value of the housing
accommodations as a result of a substantial
rehabilitation of the building or housing accommodation
therein which materially adds to the value of the
property or appreciably prolongs its life, excluding
ordinary repairs, maintenance and replacements; or (7)
there has been since March first, nineteen hundred
fifty, a major capital improvement required for the
operation, preservation or maintenance of the
structure; or (8) there has been since March first,
nineteen hundred fifty, in structures containing more
than four housing accommodations, other improvements
made with the express consent of the tenants in
occupancy of at least seventy-five per centum of the
housing accommodations, provided, however, that no
adjustment granted hereunder shall exceed fifteen per
centum unless the tenants have agreed to a higher
percentage of increase, as herein provided; or (9)
there has been, since March first, nineteen hundred
fifty, a subletting without written consent from the
landlord or an increase in the number of adult
occupants who are not members of the immediate family
of the tenant, and the landlord has not been
compensated therefor by adjustment of the maximum rent
by lease or order of the commission or pursuant to the
federal act; or (10) the presence of unique or peculiar
circumstances materially affecting the maximum rent has
resulted in a maximum rent which is substantially lower
than the rents generally prevailing in the same area
for substantially similar housing accommodations.
In addition to the filing of written statements setting
forth the final rate of equalization concerning
assessment rolls of cities, towns and villages, after
determination thereof by the state board of
equalization and assessment, with the appropriate
officials as now required by law, such board shall also
file a copy of each such statement, duly certified, in
so far as they relate to cities, towns and villages
subject to rent control pursuant to this act, with the
state rent administrator and the chairman of the
temporary state commission to study rents and rental
conditions. Where such board has made computations
indicating a different ratio for subclasses of
residential property, such information shall also be
filed with such rent administrator and the chairman of
such temporary state commission.
(b) The total of all adjustments ordered by the commission
pursuant to (1) and (3) of paragraph (a) of subdivision
four hereof for any individual housing accommodations
shall not exceed fifteen per centum for any twelve
month period; provided, however, that in ordering an
adjustment pursuant to (1), the commission may waive
this limitation where a greater increase is necessary
to make the earned income of the property equal to its
operating expense; provided further, however, that the
maximum rents subject to the allocation requirement of
paragraph (c) hereof shall be increased by such further
additional amount during each succeeding twelve-month
period, not exceeding fifteen per centum of the maximum
rent in effect on the effective date of the original
order of adjustment, until the maximum rents for the
property shall reflect the net annual return provided
for pursuant to (1) hereof, but in no event, however,
shall the total increase ordered for a succeeding
twelve-month period be more than an additional three
per centum of the maximum rent in effect on the
effective date of the original order of adjustment
unless a new application be filed by the landlord.
The commission shall compile and make available for
public inspection at reasonable hours at its principal
office and at each appropriate local office, and shall
file with the chairman of the temporary state
commission to study rents and rental conditions the
manual of accounting procedures and advisory bulletins
applicable to applications under (1), (2) and (3)
hereof, and all amendments thereto.
(c) Any increase in maximum rent shall be apportioned
equitably among all the controlled housing
accommodations in the property. In making such
apportionment and in fixing the increases in maximum
rents the commission shall give due consideration (1)
to all previous adjustments or increases in maximum
rents by lease or otherwise; and (2) to all other
income derived from the property, including income from
space and accommodations not controlled, or the rental
value thereof if vacant or occupied rent-free, so that
there is allocated to the controlled housing
accommodations therein only that portion of the amount
of increase necessary pursuant to (1), (2) or (3) of
paragraph (a) of subdivision four hereof, as is
properly attributable to such controlled
accommodations.
(d) No landlord shall be entitled to any increase in the
maximum rent unless he certifies that he is maintaining
all essential services furnished or required to be
furnished as of the date of the issuance of the order
adjusting the maximum rent and that he will continue to
maintain such services so long as the increase in such
maximum rent continues in effect; nor shall any
landlord be entitled to any increase in the maximum
rent in any case where a municipal department having
jurisdiction certifies that the housing accommodation
is a fire hazard or is in a continued dangerous
condition or detrimental to life or health, or is
occupied in violation of law.
(e) Before ordering any adjustment in maximum rents, a
reasonable opportunity to be heard thereon shall be
accorded the tenant and the landlord.
5. (a) Whenever in the judgment of the commission such
action is necessary or proper in order to effectuate
the purposes of this act, the commission may, by
regulation or order, regulate or prohibit speculative
or manipulative practices or renting or leasing
practices, including practices relating to recovery of
possession, which in the judgment of the commission are
equivalent to or are likely to result in rent increases
inconsistent with the purposes of this act.
(b) Whenever in the judgment of the commission such action
is necessary or proper in order to effectuate the
purposes of this act, the commission may provide
regulations to assure the maintenance of the same
living space, essential services, furniture,
furnishings and equipment as were provided on the date
determining the maximum rent, and the commission shall
have power by regulation or order to decrease the
maximum rent for any housing accommodation with respect
to which a maximum rent is in effect, pursuant to this
act if it shall find that the living space, essential
services, furniture, furnishings or equipment to which
the tenant was entitled on such date has been
decreased.
(c) Whenever any municipal department having jurisdiction
certifies that any housing accommodation is a fire
hazard or is in a continued dangerous condition or
detrimental to life or health, or is occupied in
violation of law, the commission may issue an order
decreasing the maximum rent of such housing
accommodation in such amount as it deems necessary or
proper, until the said municipal department has
certified that the illegal or hazardous condition has
been removed.
6. Any regulation or order issued pursuant to this section may
be established in such form and manner, may contain such
classifications and differentiations, and may provide for
such adjustments and reasonable exceptions as in the
judgment of the commission are necessary or proper in order
to effectuate the purposes of this act. No increase or
decrease in maximum rent shall be effective prior to the
date on which the order therefor is issued.
7. Regulations, orders, and requirements under this act may
contain such provisions as the commission deems necessary to
prevent the circumvention or evasion thereof.
8. The powers granted in this section shall not be used or made
to operate to compel changes in established rental
practices, except where such action is affirmatively found
by the commission to be necessary to prevent circumvention
or evasion of any regulation, order, or requirements under
this act.
-----------------------------
Section 5. EVICTIONS.
1. So long as the tenant continues to pay the rent to which the
landlord is entitled, no tenant shall be removed from any
housing accommodation with respect to which a maximum rent
is in effect pursuant to this act by action to evict or to
recover possession, by exclusion from possession, or
otherwise, nor shall any person attempt such removal or
exclusion from possession notwithstanding the fact that the
tenant has no lease or that his lease, or other rental
agreement has expired or otherwise terminated,
notwithstanding any contract, lease agreement or obligation
heretofore or hereafter entered into which provides for
surrender of possession, or which otherwise provides
contrary hereto, except on one or more of the following
grounds, or unless the landlord has obtained a certificate
of eviction pursuant to subdivision two of this section:
(a) the tenant is violating a substantial obligation of his
tenancy other than the obligation to surrender
possession of such housing accommodation and has failed
to cure such violation after written notice by the
landlord that the violation cease within ten days, or
within the three month period immediately prior to the
commencement of the proceeding the tenant has willfully
violated such an obligation inflicting serious and
substantial injury to the landlord; or
(b) the tenant is committing or permitting a nuisance in
such housing accommodation; or is maliciously or by
reason of gross negligence substantially damaging the
housing accommodations; or his conduct is such as to
interfere substantially with the comfort or safety of
the landlord or of other tenants or occupants of the
same or other adjacent building or structure; or
(c) occupancy of the housing accommodations by the tenant
is illegal because of the requirements of law, and the
landlord is subject to civil or criminal penalties
therefor, or both; or
(d) the tenant is using or permitting such housing
accommodation to be used for an immoral or illegal
purpose; or
(e) the tenant who had a written lease or other written
rental agreement which terminates on or after may
first, nineteen hundred fifty, has refused upon demand
of the landlord to execute a written extension or
renewal thereof for a further term of like duration not
in excess of one year but otherwise on the same terms
and conditions as the previous lease except in so far
as such terms and conditions are inconsistent with this
act; or
(f) the tenant has unreasonably refused the landlord access
to the housing accommodations for the purpose of making
necessary repairs or improvements required by law or
for the purpose of inspection or of showing the
accommodations to a prospective purchaser, mortgagee or
prospective mortgagee, or other person having a
legitimate interest therein; provided, however, that in
the latter event such refusal shall not be ground for
removal or eviction if such inspection or showing of
the accommodations is contrary to the provisions of the
tenant's lease or other rental agreement.
2. No tenant shall be removed or evicted on grounds other than
those stated in subdivision one of this section unless on
application of the landlord the commission shall issue an
order granting a certificate of eviction in accordance with
its rules and regulations, designed to effectuate the
purposes of this act, permitting the landlord to pursue his
remedies at law. The commission shall issue such an order
whenever it finds that:
(a) the landlord seeks in good faith to recover possession
of housing accommodations because of immediate and
compelling necessity for his own personal use and
occupancy or for the use and occupancy of his immediate
family; provided, however, this subdivision shall not
apply where a member of the household lawfully
occupying the housing accommodation is sixty-two years
of age or older, has been a tenant in a housing
accommodation in that building for twenty years or
more, or has an impairment which results from
anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any
controlled substance, which are demonstrable by
medically acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and
which prevent the tenant from engaging in any
substantial gainful employment; or
(b) the landlord seeks in good faith to recover possession
of housing accommodations for which the tenant's lease
or other rental agreement has expired or otherwise
terminated, and at the time of termination the
occupants of the housing accommodations are subtenants
or other persons who occupied under a rental agreement
with the tenant, and no part of the accommodation is
used by the tenant as his dwelling; or
(c) the landlord seeks in good faith to recover possession
of the housing accommodations for the immediate purpose
of substantially altering or remodeling them, provided
that the landlord shall have secured such approval
therefor as is required by law and the commission
determines that the issuance of the order granting the
certificate of eviction is not inconsistent with the
purpose of this act; or
(d) the landlord seeks in good faith to recover possession
of the housing accommodations for the immediate purpose
of demolishing them and the commission determines (i)
that such demolition is to be used for the purpose of
constructing new buildings or structures containing at
least twenty percentum more housing accommodations
consisting of self-contained family units than are
contained in the structure to be demolished; provided,
however, where as a result of conditions detrimental to
life or health of the tenants, violations have been
placed upon the structure containing the housing
accommodations by the local authorities having
jurisdiction over such matters and the cost of removing
such violations would substantially equal or exceed the
assessed valuation of the structure, the new buildings
or structures shall only be required to make provision
for a greater number of housing accommodations
consisting of self-contained family units than are
contained in the structure to be demolished; provided,
further, that the commission may by regulation impose
as a condition to granting the certificates of eviction
that the landlord pay stipends to the tenants in such
amounts as the commission may determine to be
reasonably necessary, which amounts may vary depending
upon the size of the tenant's apartment and whether the
tenant accepts relocation by the landlord; or (ii) that
such demolition is made for the purpose of constructing
new buildings or structures other than housing
accommodations; provided, however, that within the city
of New York the commission may by regulation impose
conditions (including but not limited to suitable
relocation and the payment of stipends) to granting the
certificates of eviction. No order granting the
certificates of eviction pursuant to this paragraph
shall be issued unless the landlord shall have secured
such approval therefor as is required by law and the
commission determines that the issuance of such order
is not inconsistent with the purpose of this act.
3. The commission may from time to time to effectuate the
purposes of this act adopt, promulgate, amend or rescind
such rules. regulations or orders as it may deem necessary
or proper for the control of evictions. It may require that
an order granting a certificate of eviction be obtained from
it prior to the institution of any action or proceeding for
the recovery of possession of any housing accommodation
subject to a maximum rent under this act upon the grounds
specified in subdivision two of this section or where it
finds that the requested removal or eviction is not
inconsistent with the purposes of this act and would not be
likely to result in the circumvention or evasion thereof;
provided, however, that no such order shall be required in
any action or proceeding brought pursuant to the provisions
of subdivision one of this section.
The commission on its own initiative or on application of a
tenant may revoke or cancel an order granting such
certificate of eviction at any time prior to the execution
of a warrant in a summary proceeding to recover possession
of real property by a court whenever it finds that:
(a) the certificate of eviction was obtained by fraud or
illegality; or
(b) the landlord's intentions or circumstances have so
changed that the premises, possession of which is
sought, will not be used for the purpose specified in
the certificate.
The commencement of a proceeding by the commission to revoke
or cancel an order granting a certificate of eviction shall
stay such order until the final determination of the
proceeding regardless of whether the waiting period in the
order has already expired. In the event the commission
cancels or revokes such an order, the court having
jurisdiction of any summary proceeding instituted in such
case shall take appropriate action to dismiss the
application for removal of the tenant from the real property
and to vacate and annul any final order or warrant granted
or issued by the court in the matter.
4. Notwithstanding the preceding provisions of this section,
the state, any municipality, or housing authority may
nevertheless recover possession of any housing
accommodations operated by it where such action or
proceeding is authorized by statute or regulations under
which such accommodations are administered.
5. Any order of the commission under this section granting a
certificate of eviction shall be subject to judicial review
only in the manner prescribed by sections eight and nine.
6. Where after the commission has granted a certificate of
eviction certifying that the landlord may pursue his
remedies pursuant to local law to acquire possession, and a
tenant voluntarily removes from a housing accommodation or
has been removed therefrom by action or proceeding to evict
from or recover possession of a housing accommodation upon
the ground that the landlord seeks in good faith to recover
possession of such accommodations (1) for his immediate and
personal use, or for the immediate and personal use by a
member or members of his immediate family, and such landlord
or members of his immediate family shall fail to occupy such
accommodations within thirty days after the tenant vacates,
or such landlord shall lease or rent such space or permit
occupancy thereof by a third person within a period of one
year after such removal of the tenant, or (2) for the
immediate purpose of withdrawing such housing accommodations
from the rental market and such landlord shall lease or sell
the housing accommodation or the space previously occupied
thereby, or permit use thereof in a manner other than
contemplated in such eviction certificate within a period of
one year after such removal of the tenant, or (3) for the
immediate purpose of altering or remodeling such housing
accommodations, and the landlord shall fail to start the
work of alteration or remodeling of such housing
accommodations within ninety days after such removal on the
ground that he required possession of such accommodations
for the purpose of altering or remodeling the same, or if
after having commenced such work shall fail or neglect to
prosecute the work with reasonable diligence, or (4) for the
immediate purpose of demolishing such housing accommodations
and constructing a new building or structure for a greater
number of housing accommodations in accordance with approved
plans, or reasonable amendment thereof, and the landlord has
failed to complete the demolition within six months after
the removal of the last tenant or, having demolished the
premises, has failed or neglected to proceed with the new
construction within ninety days after the completion of such
demolition or (5) for some purpose other than those
specified above for which the removal of the tenant was
sought and the landlord has failed to use the vacated
premises for such purpose, such landlord shall unless for
good cause shown, be liable to the tenant for three times
the damages sustained on account of such removal plus
reasonable attorney's fees and costs as determined by the
court; provided, however, that subparagraph (4) herein shall
not apply to any action which does not constitute a
violation of any local law providing for penalties upon
failure to demolish or comply with state rent control
eviction certificates. In addition to any other damage, the
cost of removal of property shall be a lawful measure of
damage.
7. Any statutory tenant who vacates the housing accommodations,
without giving the landlord at least thirty days` written
notice by registered or certified mail of his intention to
vacate, shall be liable to the landlord for an amount not
exceeding one month's rent, except where the tenant has been
removed or vacates pursuant to the provisions of this
section or of subdivision four of section ten of this act.
Such notice shall be postmarked on or before the last day of
the rental period immediately prior to such thirty-day
period.
8. Where after the commission has granted a certificate of
eviction authorizing the landlord to pursue his remedies
pursuant to local law to acquire possession for any purpose
stated in subdivision two of section five or in subdivision
four of section ten of this act or for some other stated
purpose, and a tenant voluntarily removes from a housing
accommodation or has been removed therefrom by action or
proceeding to evict from or recover possession of a housing
accommodation and the landlord or any successor landlord of
the premises does not use the housing accommodation for the
purpose specified in such certificate of eviction, the
vacated accommodation or any replacement or subdivision
thereof shall, unless the commission approves such different
purpose, be deemed a housing accommodation subject to
control, notwithstanding any definition of that term in this
act to the contrary. Such approval shall be granted whenever
the commission finds that the failure or omission to use the
housing accommodation for the purpose specified in such
certificate was not inconsistent with the purpose of this
act and would not be likely to result in the circumvention
or evasion thereof. The remedy herein provided for shall be
in addition to those provided for in subdivision one of
section eleven of this act and to the tenant's action for
damages provided for in subdivision six of this section.
-----------------------------
Section 6. INVESTIGATIONS; RECORDS; REPORTS.
1. The commission is authorized to make such studies and
investigations, to conduct such hearings, and to obtain such
information as the commission deems necessary or proper in
prescribing any regulation or order under this act or in the
administration and enforcement of this act and regulations
and orders thereunder.
2. The commission is further authorized, by regulation or
order, to require any person who rents or offers for rent or
acts as broker or agent for the rental of any housing
accommodations to furnish any such information under oath or
affirmation, or otherwise, to make and keep records and
other documents, and to make reports, and the commission may
require any such person to permit the inspection and copying
of records and other documents and the inspection of housing
accommodations. The administrator or any officer or agent
designated by the commissioner for such purposes, may
administer oaths and affirmations and may, whenever
necessary, by subpoena require any such person to appear and
testify or to appear and produce documents, or both, at any
designated place.
3. For the purpose of obtaining any information under
subdivision one, the commission may by subpoena require any
other person to appear and testify or to appear and produce
documents, or both, at any designated place.
4. The production of a person's documents at any place other
than his place of business shall not be required under this
section in any case in which, prior to the return date
specified in the subpoena issued with respect thereto, such
person either has furnished the commission with a copy of
such documents certified by such person under oath to be a
true and correct copy, or has entered into a stipulation
with the commission as to the information contained in such
documents.
5. In case of contumacy by, or refusal to obey a subpoena
served upon, any person referred to in subdivision three,
the supreme court in or for any judicial district in which
such person is found or resides or transacts business, upon
application by the commission, shall have jurisdiction to
issue an order requiring such person to appear and give
testimony or to appear and produce documents, or both; and
any failure to obey such order of the court may be punished
by such court as a contempt thereof. The provisions of this
subdivision shall also apply to any person referred to in
subdivision two, and shall be in addition to the provisions
of subdivision one of section ten.
6. Witnesses subpoenaed under this section shall be paid the
same fees and mileage as are paid witnesses under article
eighty of the civil practice law and rules.
7. Upon any such investigation or hearing, the commissioner or
an officer duly designated by the commission to conduct such
investigation or hearing, may confer immunity in accordance
with the provisions of section 50.20 of the criminal
procedure law.
8. The commission shall not publish or disclose any information
obtained under this act that the commission deems
confidential or with reference to which a request for
confidential treatment is made by the person furnishing such
information, unless the commission determines that the
withholding thereof is contrary to the public interest.
9. Any person subpoenaed under this section shall have the
right to make a record of his testimony and to be
represented by counsel.
-----------------------------
Section 7. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.
1. The commission shall cooperate with the federal government
and other appropriate governmental agencies in effectuating
the purposes of this act, and shall endeavor to procure and
may accept from the federal housing expediter and other
officers and agencies of the federal government and from the
temporary city housing rent commission of the city of New
York such cooperation, information, records and data as will
assist the commission in effectuating such purposes.
2. The commission may request and shall receive cooperation and
assistance in effectuating the purposes of this act from all
departments, divisions, boards, bureaus, commissions or
agencies of the state and political subdivisions thereof.
The commissioner and state rent administrator shall be
deemed to be an officer included within the provisions of
section one hundred sixty-one of the executive law, and
shall be accorded all the rights and privileges of the
officers specified in subdivision one of said section.
-----------------------------
Section 8. PROCEDURE.
1. After the issuance of any regulation or order by the
commission any person subject to any provision of such
regulation or order may, in accordance with regulations to
be prescribed by the commission, file a protest against such
regulation or order specifically setting forth his
objections to any such provisions and affidavits or other
written evidence in support of such objections. Statements
in support of any such regulation or order may be received
and incorporated in the record of the proceedings at such
times and in accordance with such regulations as may be
prescribed by the commission. Within a reasonable time after
the filing of any protest under this subdivision the
commission shall either grant or deny such protest in whole
or in part, notice such protest for hearing, or provide an
opportunity to present further evidence in connection
therewith. In the event that the commission denies any such
protest in whole or in part, the commission shall inform the
protestant of the grounds upon which such decision is based,
and of any economic data and other facts of which the
commission has taken official notice.
2. In the administration of this act the commission may take
official notice of economic data and other facts, including
facts found by the commission as a result of action taken
under section four.
3. Any proceedings under this section may be limited by the
commission to the filing of affidavits, or other written
evidence, and the filing of briefs.
4. Any protest filed under this section shall be granted or
denied by the commission, or granted in part and the
remainder of it denied, within a reasonable time after it is
filed. If the commission does not act finally within a
period of ninety days after the protest is filed, the
protest shall be deemed to be denied. However, the
commission may grant one extension not to exceed thirty days
with the consent of the party filing such protest; any
further extension may only be granted with the consent of
all parties to the protest. No proceeding may be brought
pursuant to article seventy-eight of the civil practice law
and rules to challenge any order or determination which is
subject to such protest unless such review has been sought
and either (1) a determination thereon has been made or (2)
the ninety-day period provided for determination of the
protest (or any extension thereof) has expired. If the
commission does not act finally within a period of ninety
days after the entry of an order of remand to the commission
by the court in a proceeding instituted pursuant to section
nine, the order previously made by the commission shall be
deemed reaffirmed. However, the commission may grant one
extension not to exceed thirty days with the consent of the
petitioner; any further extension may only be granted with
the consent of all parties to the petition.
5. The commission shall compile and make available for public
inspection at reasonable hours at its principal office and
at each appropriate local office a copy of each decision
hereafter rendered by it upon granting, or denying, in whole
or in part, any protests filed under this section.
-----------------------------
Section 9. JUDICIAL REVIEW.
1. Any person who is aggrieved by the final determination of a
protest may, in accordance with article seventy-eight of the
civil practice law and rules, within sixty days after such
determination, commence a proceeding in the supreme court
praying that the regulation or order protested be enjoined
or set aside in whole or in part. Such proceeding may at the
option of the petitioner be instituted in the county where
the commission has its principal office or where the
property is located. The answer shall include a statement
setting forth, so far as practicable, the economic data and
other facts of which the commission has taken official
notice. Upon the filing of such petition the court shall
have jurisdiction to set aside such regulation or order, in
whole or in part, to dismiss the petition, or to remit the
proceeding to the commission; provided, however, that the
regulation or order may be modified or rescinded by the
commission at any time notwithstanding the pendency of such
proceeding for review. No objection to such regulation or
order, and no evidence in support of any objection thereto,
shall be considered by the court, unless such objection
shall have been set forth by the petitioner in the protest
or such evidence shall be contained in the return. If
application is made to the court by either party for leave
to introduce additional evidence which was either offered
and not admitted, or which could not reasonably have been
offered or included in such proceedings before the
commission, and the court determines that such evidence
should be admitted, the court shall order the evidence to be
presented to the commission. The commission shall promptly
receive the same, and such other evidence as the commission
deems necessary or proper, and thereupon the commission
shall file with the court the original or a transcript
thereof and any modification made in regulation or order as
a result thereof; except that on request by the commission,
any such evidence shall be presented directly to the court.
Upon final determination of the proceeding before the court,
the original record, if filed by the commission with the
court, shall be returned to the commission.
2. No such regulation or order shall be enjoined or set aside,
in whole or in part, unless the petitioner shall establish
to the satisfaction of the court that the regulation or
order is not in accordance with law, or is arbitrary or
capricious. The effectiveness of an order of the court
enjoining or setting aside, in whole or in part, any such
regulation or order shall be postponed until the expiration
of thirty days from the entry thereof. The jurisdiction of
the supreme court shall be exclusive and its order
dismissing the petition or enjoining or setting aside such
regulation or order, in whole or in part, shall be final,
subject to review by the appellate division of the supreme
court and the court of appeals in the same manner and form
and with the same effect as provided by law for appeals from
a judgment in a special proceeding. Notwithstanding any
provision of section thirteen hundred four of the civil
practice act to the contrary, any order of the court
remitting the proceeding to the commission may, at the
election of the commission, be subject to review by the
appellate division of the supreme court and the court of
appeals in the same manner and form and with the same effect
as provided in the civil practice act for appeals from a
final order in a special proceeding. All such proceedings
shall be heard and determined by the court and by any
appellate court as expeditiously as possible and with lawful
precedence over other matters. All such proceedings for
review shall be heard on the petition, transcript and other
papers, and on appeal shall be heard on the record, without
requirement of printing.
3. (a) Within thirty days after arraignment, or such
additional time as the court may allow for good cause
shown, in any criminal proceeding, and within five days
after judgment in any civil or criminal proceeding,
brought pursuant to section eleven involving alleged
violation of any provision of any regulation or order,
the defendant may apply to the court in which the
proceeding is pending for leave to file in the supreme
court a petition setting forth objections to the
validity of any provision which the defendant is
alleged to have violated or conspired to violate. The
court in which the proceeding is pending shall grant
such leave with respect to any objection which it finds
is made in good faith and with respect to which it
finds there is reasonable and substantial excuse for
the defendant's failure to present such objection in a
protest filed in accordance with section eight. Upon
the filing of a petition pursuant to and within thirty
days from the granting of such leave, the supreme court
shall have jurisdiction to enjoin or set aside in whole
or in part the provision of the regulation or order
complained of or to dismiss the petition. The court may
authorize the introduction of evidence, either to the
commission or directly to the court, in accordance with
subdivision one of this section. The provisions of
subdivision two of this section shall be applicable
with respect to any proceedings instituted in
accordance with this subdivision.
(b) In any proceeding brought pursuant to section eleven of
this act involving an alleged violation of any
provision of any such regulation or order, the court
shall stay the proceeding:
(1) during the period within which a petition may be
filed in the supreme court pursuant to leave
granted under paragraph (a) of this subdivision
with respect to such provision;
(2) during the pendency of any protest properly filed
by the defendant under section eight prior to the
institution of the proceeding under section eleven
of this act, setting forth objections to the
validity of such provision which the court finds
to have been made in good faith; and
(3) during the pendency of any judicial proceeding
instituted by the defendant under this section
with respect to such protest or instituted by the
defendant under paragraph (a) of this subdivision
with respect to such provision, and until the
expiration of the time allowed in this section for
the taking of further proceedings with respect
thereto.
(c) Notwithstanding the provisions of paragraph (b) of this
subdivision, stays shall be granted thereunder in civil
proceedings only after judgment and upon application
made within five days after judgment. Notwithstanding
the provisions of paragraph (b) of this subdivision, in
the case of a proceeding under subdivision one of
section eleven the court granting a stay under
paragraph (b) of this subdivision shall issue a
temporary injunction or restraining order enjoining or
restraining, during the period of the stay, violations
by the defendant of any provision of the regulation or
order involved in the proceeding. If any provision of a
regulation or order is determined to be invalid by
judgment of the supreme court which has become
effective in accordance with subdivision two of this
section, any proceeding pending in any court shall be
dismissed, and any judgment in such proceeding vacated,
to the extent that such proceeding or judgment is based
upon violation of such provision. Except as provided in
this subdivision, the pendency of any protest under
section eight, or judicial proceeding under this
section, shall not be grounds for staying any
proceeding brought pursuant to section eleven; nor,
except as provided in this subdivision, shall any
retroactive effect be given to any judgment setting
aside a provision of a regulation or order.
4. The method prescribed herein for the judicial review of a
regulation or order shall be exclusive.
-----------------------------
Section 10. PROHIBITIONS.
1. It shall be unlawful, regardless of any contract, lease or
other obligation heretofore or hereafter entered into, for
any person to demand or receive any rent for any housing
accommodations in excess of the maximum rent or otherwise to
do or omit to do any act, in violation of any regulation,
order or requirement hereunder, or to offer, solicit,
attempt or agree to do any of the foregoing.
2. It shall be unlawful for any person to remove or attempt to
remove from any housing accommodations the tenant or
occupant thereof or to refuse to renew the lease or
agreement for the use of such accommodations, because such
tenant or occupant has taken, or proposes to take, action
authorized or required by this act or any regulation, order
or requirement thereunder.
3. It shall be unlawful for any officer or employee of the
commission, or for any official adviser or consultant to the
commission, to disclose, otherwise than in the course of
official duty, any information obtained under this act, or
to use any such information for personal benefit.
4. Nothing in this act shall be construed to require any person
to offer any housing accommodations for rent, but housing
accommodations already on the rental market may be withdrawn
only after prior written approval of the state rent
commission, if such withdrawal requires that a tenant be
evicted from such accommodations.
5. It shall be unlawful for an landlord or any person acting on
his behalf, with intent to cause the tenant to vacate, to
engage in any course of conduct (including, but not limited
to, interruption or discontinuance of essential services)
which interferes with or disturbs or is intended to
interfere with or disturb the comfort, repose, peace or
quiet of the tenant in his use or occupancy of the housing
accommodations.
-----------------------------
Section 11. ENFORCEMENT.
1. Whenever in the judgment of the commission any person has
engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of any provision
of section ten of this act, the commission may make
application to the supreme court for an order enjoining such
acts or practices, or for an order enforcing compliance with
such provision, or for an order directing the landlord to
correct the violation, and upon a showing by the commission
that such person has engaged or is about to engage in any
such acts or practices a permanent or temporary injunction,
restraining order, or other order shall be granted without
bond. Jurisdiction shall not be deemed lacking in the
supreme court because the defense is based upon an order of
an inferior court.
2. Any person who willfully violates any provision of section
ten of this act, and any person who makes any statement or
entry false in any material respect in any document or
report required to be kept or filed under this act or any
regulation, order, or requirement thereunder, and any person
who willfully omits or neglects to make any material
statement or entry required to be made in any such document
or report, shall, upon conviction thereof, be subject to a
fine of not more than five thousand dollars, or to
imprisonment for not more than two years in the case of a
violation of subdivision three of section ten and for not
more than one year in all other cases, or to both such fine
and imprisonment. Whenever the commission has reason to
believe that any person is liable to punishment under this
subdivision, the commission may certify the facts to the
district attorney of any county having jurisdiction of the
alleged violation, who shall cause appropriate proceedings
to be brought.
3. Any court shall advance on the docket and expedite the
disposition of any criminal or other proceedings brought
before it under this section.
4. No person shall be held liable for damages or penalties in
any court, on any grounds for or in respect of anything done
or omitted to be done in good faith pursuant to any
provision of this act or any regulation, order, or
requirement thereunder, notwithstanding that subsequently
such provision, regulation, order, or requirement may be
modified, rescinded, or determined to be invalid. In any
action or proceeding wherein a party relies for ground of
relief or defense or raises issue or brings into question
the construction or validity of this act or any regulation,
order, or requirement thereunder, the court having
jurisdiction of such action or proceeding may at any stage
certify such fact to the commission. The commission may
intervene in any such action or proceeding.
5. If any landlord who receives rent from a tenant violates a
regulation or order prescribing the maximum rent with
respect to the housing accommodations for which such rent is
received from such tenant, the tenant paying such rent may,
within two years from the date of the occurrence of the
violation, except as hereinafter provided, bring an action
against the landlord on account of the overcharge as
hereinafter defined. In such action, the landlord shall be
liable for reasonable attorney's fees and costs as
determined by the court, plus whichever of the following
sums is the greater: (a) Such amount not more than three
times the amount of the overcharge, or the overcharges, upon
which the action is based as the court in its discretion may
determine, or (b) an amount not less than twenty-five
dollars nor more than fifty dollars, as the court in its
discretion may determine; provided, however, that such
amount shall be the amount of the overcharge or overcharges
or twenty-five dollars, whichever is greater, if the
defendant proves that the violation of the regulation or
order in question was neither willful nor the result of
failure to take practicable precautions against the
occurrence of the violation. As used in this section, the
word "overcharge" shall mean the amount by which the
consideration paid by a tenant to a landlord exceeds the
applicable maximum rent. If any landlord who receives rent
from a tenant violates a regulation or order prescribing
maximum rent with respect to the housing accommodations for
which such rent is received from such tenant, and such
tenant either fails to institute an action under this
subdivision within thirty days from the date of the
occurrence of the violation or is not entitled for any
reason to bring the action, the commission may institute an
action on behalf of the state within such two-year period.
If such action is instituted by the commission, the tenant
affected shall thereafter be barred from bringing an action
for the same violation or violations. Any action under this
subdivision by either the tenant or the commission, as the
case may be, may be brought in any court of competent
jurisdiction. Recovery, by judgment or otherwise, in an
action for damages under this subdivision shall be a bar to
the recovery under this subdivision of any recovery, by
judgment or otherwise, in any other action against the same
landlord on account of the same overcharge or overcharges
prior to the institution of the action in which such
recovery of damages was obtained. Where recovery by judgment
or otherwise is obtained in an action instituted by the
commission under this subdivision, there shall be paid over
to the tenant from the moneys recovered, one-third of such
recovery, exclusive of costs and disbursement or the amount
of the overcharge or overcharges, whichever is the greater.
6. If any landlord who receives rent from a tenant violates any
order containing a directive that rent collected by the
landlord in excess of the maximum rent be refunded to the
tenant within thirty days, the commission may, within one
year after the expiration of such thirty day period or after
such order shall become final by regulation of the
commission, bring an action against the landlord on account
of the failure of the landlord to make the prescribed
refund. In such action, the landlord shall be liable for
reasonable attorney's fees and costs as determined by the
court, plus whichever of the following sums is the greater:
(a) Such amount not more than three times the amount
directed to be refunded, or the amount directed to be
refunded, upon which the action is based as the court in its
discretion may determine, or (b) an amount not less than
twenty-five dollars nor more than fifty dollars, as the
court in its discretion may determine; provided, however,
that such amount shall be the amount directed to be refunded
or twenty-five dollars, whichever is greater, if the
defendant proves that the violation of the order in question
was neither willful nor the result of failure to take
practical precautions against the occurrence of the
violation. If the commission fails to institute such action
within thirty days from the date of the occurrence of the
violation, the tenant paying such rent may thereafter
institute an action for the same violation within such one
year period, and the liability of the landlord in such
action by the tenant shall be the same as if such action
were brought by the commission. If such action is instituted
by the commission, the tenant affected shall thereafter be
barred from bringing an action for the same violation. Any
action under this subdivision by either the commission or
the tenant, as the case may be, may be brought in any court
of competent jurisdiction. Recovery by judgment or otherwise
in an action under this subdivision based on the failure of
the landlord to make the prescribed refund, shall be a bar
to recovery under this subdivision of any recovery, by
judgment or otherwise, from the same landlord in any other
action instituted on account of the same violation, prior to
the institution of the action in which such recovery is
obtained. Where recovery by judgment or otherwise, is
obtained in an action instituted by the commission under
this subdivision, there shall be paid over to the tenant
from the moneys recovered one-third of such recovery,
exclusive of costs and disbursements, or the amount of the
prescribed refund, whichever is greater.
7. Any tenant who has vacated his housing accommodations
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
may, within ninety days after vacating, apply to the
commission for a determination that the housing
accommodations were vacated as a result of such conduct, and
may, within one year after such determination, institute a
civil action against the landlord by reason of such conduct.
In such action the landlord shall be liable to the tenant
for three times the damages sustained on account of such
conduct plus reasonable attorney's fees and costs as
determined by the court. In addition to any other damages
the cost of removal of property shall be a lawful measure of
damages.
-----------------------------
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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Section 13. PENDING PROCEEDINGS.
The commission may provide for and authorize the continued
processing of any application or proceeding pending at the time
this act becomes effective, provided, however, that the final
determination of the commission in such pending application or
proceeding shall not be inconsistent with this act.
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Section 14. INTENT.
1. It is the intention of this act to subject to control only
those housing accommodations, as that term is defined
herein, which were subject to rent control and for which a
maximum rent was in effect on March first, nineteen hundred
fifty, pursuant to federal or local laws, and in the
discretion of the commission those housing accommodations
for which a maximum rent was thereafter established,
pursuant to the provisions of section four hereof.
2. Any reference made in this act to the local laws specified
in chapter one of the laws of nineteen hundred fifty shall
be deemed to be solely for the purposes of identification,
and if any of such laws shall be held invalid, the reference
made herein and any maximum rent established hereunder shall
not be affected thereby.
3. The provisions of this section shall be deemed to supersede
any other inconsistent provisions of this act.
4. Notwithstanding the decontrol of housing accommodations
therein pursuant to this act, unless otherwise provided
herein, no municipality shall have the power to adopt local
laws with respect to the registration or control of rents or
evictions or otherwise to the subject matter of this act.
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Section 15. SEPARABILITY.
If any provision of this act or the application of such provision
to any person or circumstances shall be held invalid, the
validity of the remainder of the act and the applicability of
such provision to other persons or circumstances shall not be
affected thereby.
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Section 16. [MATTERS PENDING BEFORE THE COMMISSION]
Except for matters pending before the commission, no action or
proceeding, civil or criminal, pending at the time when this act
as amended shall take effect, brought by or against the
commission, shall be affected or abated by the enactment of this
act or by anything therein contained. No existing right or remedy
of any character shall be lost or impaired or affected by such
enactment.
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Section 17. SHORT TITLE.
This act shall be known and may be cited as the emergency housing
rent control law.
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