New York Rent Laws
ETPA Table of Contents

The NYS Emergency Tenant Protection Act (1974) [ETPA]

Sec. 8.   ADMINISTRATION.

a.   Whenever a city having a population of less than one
     million, or a town or village has determined the existence
     of an emergency pursuant to section three of this act, the
     state division of housing and community renewal shall be
     designated as the sole administrative agency to administer
     the regulation of residential rents as provided in this act.
     The costs incurred by the state division of housing and
     community renewal in administering such regulation shall be
     paid by such city, town or village. Such local resolution
     shall forthwith be transmitted to the state division of
     housing and community renewal and shall be accompanied by an
     initial payment in an amount previously determined by the
     commissioner of housing and community renewal as necessary
     to defray the division's anticipated first year cost.
     Thereafter, annually, after the close of the fiscal year of
     the state, the commissioner of housing and community renewal
     shall determine the amount of all costs incurred and shall
     certify to each such city, town or village its proportionate
     share of such costs, after first deducting therefrom the
     amount of such initial payment. The amount so certified
     shall be paid to the commissioner by such city, town or
     village within ninety days after the receipt of such
     certification. In the event that the amount thereof is not
     paid to the commissioner as herein prescribed, the
     commissioner shall certify the unpaid amount to the
     comptroller, and the comptroller shall withhold such amount
     from the next succeeding payment of per capita assistance to
     be apportioned to such city, town or village.

b.   The legislative body of any city, town or village acting to
     impose regulation of residential rents pursuant to the
     provisions of this act may impose on the owner of every
     building containing housing accommodations subject to such
     regulation an annual charge for each such accommodation in
     such amount as it determines to be necessary for the
     expenses to be incurred in the administration of such
     regulation.

c.   Whenever a city having a population of one million or more
     has determined the existence of an emergency pursuant to
     section three of this act, the provisions of this act and
     the New York city rent stabilization law of nineteen hundred
     sixty-nine shall be administered by the state division of
     housing and community renewal as provided in the New York
     city rent stabilization law of nineteen hundred sixty-nine,
     as amended, or as otherwise provided by law. The costs
     incurred by the state division of housing and community
     renewal in administering such regulation shall be paid by
     such city. All payments for such administration shall be
     transmitted to the state division of housing and community
     renewal as follows: on or after April first of each year
     commencing with April, nineteen hundred eighty-four, the
     commissioner of housing and community renewal shall
     determine an amount necessary to defray the division's
     anticipated annual cost, and one-quarter of such amount
     shall be paid by such city on or before July first of such
     year, one-quarter of such amount on or before October first
     of such year, one-quarter of such amount on or before
     January first of the following year and one-quarter of such
     amount on or before March thirty-first of the following
     year. After the close of the fiscal year of the state, the
     commissioner shall determine the amount of all actual costs
     incurred in such fiscal year and shall certify such amount
     to such city. If such certified amount shall differ from the
     amount paid by the city for such fiscal year, appropriate
     adjustments shall be made in the next quarterly payment to
     be made by such city. In the event that the amount thereof
     is not paid to the commissioner as herein prescribed, the
     commissioner shall certify the unpaid amount to the
     comptroller, and the comptroller shall, to the extent not
     otherwise prohibited by law, withhold such amount from the
     next succeeding payment of per capita assistance to be
     apportioned to such city. In no event shall the amount
     imposed on the owners or certified by the division to the
     city exceed ten dollars per unit per year.

d.   The failure to pay the prescribed assessment not to exceed
     ten dollars per unit for any housing accommodation subject
     to this act or the New York city rent stabilization law of
     nineteen hundred sixty-nine shall, until such assessment is
     paid, bar an owner from applying for or collecting any
     further rent increases. The late payment of the assessment
     shall result in the prospective elimination of such
     sanctions. The city of New York shall certify to the
     division such information as the division shall deem
     necessary to comply with the provisions of this subdivision.

e.   The division shall maintain at least one office in each
     county which is governed by the rent stabilization law of
     nineteen hundred sixty-nine or this act.