The LOCAL EMERGENCY HOUSING RENT CONTROL ACT (LEHRCA) of 1962
transferred the administration of rent control from the state
government to the New York City government. New York State
continued to administer rent control in other parts of the state.
Also see: Emergency Rent Control Law (1961), DHCR Policy
Statements, DHCR Operational Bulletins, DHCR Advisory Opinions,
and various Rent Stabilization Statutes.
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community group.
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LOCAL EMERGENCY HOUSING RENT CONTROL ACT
(LEHRCA)
Chapter 21 of the laws of 1962
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TABLE OF CONTENTS
Section 1. Short title.
2. Legislative finding.
3. Local determination as to continuation of
emergency.
4. Establishment of city housing rent agency.
5. Authority for local rent control legislation.
6. Succession of city agency to state rent
control functions within city.
7. Investigations.
8. Judicial review.
9. Prohibitions.
10. Enforcement.
11. Transfer of certain pending matters.
12. Termination of state regulation and control.
13. Pending court proceedings.
14. Civil service.
15. Intergovernmental cooperation.
16. Saving clause.
17. Separability.
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Section 1. SHORT TITLE.
This section shall be known and may be cited as the "local
emergency housing rent control act".
Section 2. LEGISLATIVE FINDING.
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 in order to prevent
uncertainty, hardship and dislocation, the provisions of this
section are necessary and designed to protect the public health,
safety and general welfare, 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; and that the
policy herein expressed should now be administered locally within
cities having a population of one million or more by an agency of
the city itself.
Section 3. LOCAL DETERMINATION AS TO CONTINUATION OF EMERGENCY.
The continuation, after May thirty-first, nineteen hundred sixty-
seven, of the public emergency requiring the regulation and
control of residential rents and evictions within cities having a
population of one million or more shall be a matter for local
determination within each such city. Any such determination shall
be made by the local legislative body of such city on or before
April first, nineteen hundred sixty-seven and at least once in
every third year thereafter following a survey which the city
shall cause to be made of the supply of housing accommodations
within such city, the condition of such accommodations and the
need for continuing the regulation and control of residential
rents and evictions within such city. Such survey shall be
submitted to such legislative body not less than thirty nor more
than sixty days prior to the date of any such determination.
Section 4. ESTABLISHMENT OF CITY HOUSING RENT AGENCY.
On or before April first, nineteen hundred sixty-two, the mayor
of each city having a population of one million or more shall
establish or designate an official, bureau, board, commission or
agency of such city (referred to in this section as the "city
housing rent agency") to administer the regulation and control of
residential rents and evictions within such city unless such
city, acting through its local legislative body, shall have
enacted, prior to April first, nineteen hundred sixty-two, a
local law or ordinance pursuant to subdivision five of this
section, prescribing a different method of establishing or
designating a city housing rent agency and in such case such
agency shall be established or designated in accordance with said
local law or ordinance.
Section 5. AUTHORITY FOR LOCAL RENT CONTROL LEGISLATION.
Each city having a population of one million or more, acting
through its local legislative body, may adopt and amend local
laws or ordinances in respect of the establishment or designation
of a city housing rent agency. When it deems such action to be
desirable or necessitated by local conditions in order to carry
out the purposes of this section, such city, except as
hereinafter provided, acting through its local legislative body
and not otherwise, may adopt and amend local laws or ordinances
in respect of the regulation and control of residential rents,
including but not limited to provision for the establishment and
adjustment of maximum rents, the classification of housing
accommodations, the regulation of evictions, and the enforcement
of such local laws or ordinances. The validity of any such local
laws or ordinances, and the rules or regulations promulgated in
accordance therewith, shall not be affected by and need not be
consistent with the state emergency housing rent control law or
with rules and regulations of the state division of housing and
community renewal.
Notwithstanding any local law or ordinance, housing
accommodations which became vacant on or after July first,
nineteen hundred seventy-one or which hereafter become vacant
shall be subject to the provisions of the emergency tenant
protection act of nineteen seventy-four, provided, however, that
this provision shall not apply or become effective with respect
to housing accommodations which, by local law or ordinance, are
made directly subject to regulation and control by a city housing
rent agency and such agency 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. The removal of
any housing accommodation from regulation and control of rents
pursuant to the vacancy exemption provided for in this paragraph
shall not constitute or operate as a ground for the subjection to
more stringent regulation and control of any housing
accommodation in such property or in any other property owned by
the same landlord, notwithstanding any prior agreement to the
contrary by the landlord. The vacancy exemption provided for in
this paragraph shall not arise with respect to any rented plot or
parcel of land otherwise subject to the provisions of this act,
by reason of a transfer of title and possession occurring on or
after July first, nineteen hundred seventy-one of a dwelling
located on such plot or parcel and owned by the tenant where such
transfer of title and possession is made to a member of the
tenant's immediate family provided that the member of the
tenant's immediate family occupies the dwelling with the tenant
prior to the transfer of title and possession for a continuous
period of two years.
The term "immediate family" shall include a husband, wife, son,
daughter, stepson, stepdaughter, father, mother, father-in-law or
mother-in-law.
Notwithstanding the foregoing, no local law or ordinance shall
hereafter provide for the regulation and control of residential
rents and eviction in respect of any housing accommodations which
are (1) presently exempt from such regulation and control or (2)
hereafter decontrolled either by operation of law or by a city
housing rent agency, by order or otherwise. No housing
accommodations presently subject to regulation and control
pursuant to local laws or ordinances adopted or amended under
authority of this subdivision shall hereafter be by local law or
ordinance or by rule or regulation which has not been theretofore
approved by the state commissioner of housing and community
renewal subjected to more stringent or restrictive provisions of
regulation and control than those presently in effect.
Notwithstanding the foregoing, no local law or ordinance shall
subject to such regulation and control any housing accommodation
which is not occupied by the tenant in possession as his primary
residence; provided, however, that such housing accommodation not
occupied by the tenant in possession as his primary residence
shall continue to be subject to regulation and control as
provided for herein unless the city housing rent agency issues an
order decontrolling such accommodation, which the agency shall do
upon application by the landlord whenever it is established by
any facts and circumstances which, in the judgment of the agency,
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.
Section 6. SUCCESSION OF CITY AGENCY TO STATE RENT CONTROL
FUNCTIONS WITHIN CITY.
All the functions and powers possessed by and all the obligations
and duties of the temporary state housing rent commission and the
state rent administrator under the provisions of the state
emergency housing rent control law and the rules and regulations
of the commission thereunder, insofar as they relate to the
regulation and control of residential rents and evictions within
a city having a population of one million or more, shall be
transferred to the city housing rent agency of such city on May
first, nineteen hundred sixty-two, subject to the provisions of
any local laws, ordinances, rules or regulations adopted pursuant
to this subdivision or subdivision five of this section. On and
after such date, and until the adoption of a local law or
ordinance in respect of the regulation and control of residential
rents within such city pursuant to subdivision five of this
section, such city housing rent agency is hereby authorized and
empowered, from time to time, to adopt, promulgate, amend or
rescind rules, regulations and orders under the state emergency
housing rent control law and the validity of such rules,
regulations and orders shall not be affected by and need not be
consistent with the rules, regulations and orders of the
temporary state housing rent commission under such law. All acts,
orders, determinations, decisions, rules and regulations of the
temporary state housing rent commission relating to the
regulation and control of residential rents and eviction within
such city which are in force at the time of such transfer shall
continue in force and effect as acts, orders, determinations,
decisions, rules and regulations of such city housing rent agency
until duly modified, superseded or abrogated pursuant to such
local laws, ordinances, rules or regulations.
Section 7. INVESTIGATIONS.
The city housing rent agency is authorized to make such studies
and investigations, to conduct such hearings, and to obtain such
information as it deems necessary or proper in prescribing any
regulation or order under a local law adopted pursuant to
subdivision five of this section or in administering and
enforcing such local law and the regulations and orders
thereunder or the state emergency housing rent control law and
the regulations and orders thereunder.
The city housing rent agency 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 city housing rent agency
may require any such person to permit the inspection and copying
of records and other documents and the inspection of housing
accommodations. Any officer or agent designated by the city
housing rent agency 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.
For the purpose of obtaining any information under this
subdivision, the city housing rent agency may by subpoena require
any other person to appear and testify or to appear and produce
documents, or both, at any designated place.
The production of a person's documents at any place other than
his place of business shall not be required under this
subdivision in any case in which, prior to the return date
specified in the subpoena issued with respect thereto, such
person either has furnished the city housing rent agency 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 city housing rent agency as to the information contained in
such documents.
In case of contumacy by, or refusal to obey a subpoena served
upon, any person referred to in this subdivision, the supreme
court in or for any judicial district in which such person is
found or resides or transacts business, upon application by the
city housing rent agency, 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 paragraph shall be in
addition to the provisions of paragraph (a) of subdivision nine
of this section.
Witnesses subpoenaed under this subdivision shall be paid the
same fees and mileage as are paid witnesses under article eighty
of the civil practice law and rules.
Upon any such investigation or hearing, the city housing rent
agency, or an officer duly designated by the city housing rent
agency to conduct such investigation or hearing, may confer
immunity in accordance with the provisions of section 50.20 of
the criminal procedure law.
The city housing rent agency shall not publish or disclose any
information obtained under this section that the city housing
rent agency deems confidential or with reference to which a
request for confidential treatment is made by the person
furnishing such information, unless the city housing rent agency
determines that the withholding thereof is contrary to the public
interest.
Any person subpoenaed under this section shall have the right to
make a record of his testimony and to be represented by counsel.
Section 8. JUDICIAL REVIEW.
Any person who is aggrieved by the final determination of the
city housing rent agency in an administrative proceeding
protesting a regulation or order of such agency may, in
accordance with article seventy-eight of the civil practice law
and rules, within sixty days after such determination, file a
petition with the supreme court specifying his objections and
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 city housing
rent agency has its principal office or where the property is
located. A copy of such petition shall forthwith be served on the
city housing rent agency, and the city housing rent agency shall
file with such court the original or a transcript of such
portions of the proceedings in connection with the determination
as are material under the petition. Such return shall include a
statement setting forth, so far as practicable, the economic data
and other facts of which the city housing rent agency has taken
official notice. Upon the filing of such petition the court shall
have jurisdiction to set aside the regulation or order protested,
in whole or in part, to dismiss the petition, or to remit the
proceeding to the city housing rent agency; provided, however,
that the regulation or order may be modified or rescinded by the
city housing rent agency 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
presented to the city housing rent agency by the petitioner in
the proceedings resulting in the determination or unless 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 city housing rent agency, and the court
determines that such evidence should be admitted, the court shall
order the evidence to be presented to the city housing rent
agency. The city housing rent agency shall promptly receive the
same, and such other evidence as the city housing rent agency
deems necessary or proper, and thereupon the city housing rent
agency shall file with the court the original or a transcript
thereof and any modification made in such regulation or order as
a result thereof; except that on request by the city housing rent
agency, 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 city housing rent
agency with the court, shall be returned to the city housing rent
agency.
No regulation or order of the city housing rent agency 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
in the civil practice act for appeals from a final order 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 city
housing rent agency may, at the election of the city housing rent
agency, 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.
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 subdivision ten of this
section involving alleged violation of any provision of any
regulation or order of the city housing rent agency, 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 an administrative proceeding before the city
housing rent agency. 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 city housing rent
agency or directly to the court, in accordance with the first
paragraph of this subdivision. The provisions of the second
paragraph of this subdivision shall be applicable with respect to
any proceedings instituted in accordance with this paragraph.
In any proceeding brought pursuant to subdivision ten of this
section 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 the third
paragraph of this subdivision with respect to such
provision;
(2) during the pendency of any administrative proceeding before
the city housing rent agency properly commenced by the
defendant prior to the institution of the proceeding under
subdivision ten of this section, 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 subdivision with respect to such
administrative proceeding or instituted by the defendant
under the third paragraph of this subdivision with respect
to such provision, and until the expiration of the time
allowed in this subdivision for the taking of further
proceedings with respect thereto.
Notwithstanding the provisions of the immediately preceding
paragraph, stays shall be granted thereunder in civil
proceedings only after judgment and upon application made
within five days after judgment. Notwithstanding the
provisions of the third paragraph of this subdivision, in
the case of a proceeding under the first paragraph of
subdivision ten of this section the court granting a stay
under the immediately preceding paragraph 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 the second
paragraph of this subdivision, 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 paragraph, the pendency of any
administrative proceeding before the city housing rent
agency or judicial proceeding under this subdivision shall
not be grounds for staying any proceeding brought pursuant
to subdivision ten of this section; nor, except as provided
in this paragraph, shall any retroactive effect be given to
any judgment setting aside a provision of a regulation or
order.
The method prescribed herein for the judicial review of a
regulation or order of the city housing rent agency shall be
exclusive.
Section 9. PROHIBITIONS.
(a) 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 established
therefor by the temporary state housing rent commission or
the city housing rent agency or otherwise to do or omit to
do any act, in violation of any regulation, order or
requirement of the city housing rent agency hereunder or
under any local law adopted pursuant to subdivision five of
this section or to offer, solicit, attempt or agree to do
any of the foregoing.
(b) 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 the state emergency housing rent
control law or any local law adopted pursuant to subdivision
five of this section or any regulation, order or requirement
thereunder.
(c) It shall be unlawful for any officer or employee of the city
housing rent agency or for any official adviser or
consultant to the city housing rent agency to disclose,
otherwise than in the course of official duty, any
information obtained under this section, or to use any
information obtained under this section, or to use any such
information for personal benefit.
(d) It shall be unlawful for any 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 10. ENFORCEMENT.
(a) Whenever in the judgment of the city housing rent agency 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 subdivision nine of this section, the city
housing rent agency 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 city housing rent agency 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.
(b) Any person who willfully violates any provision of
subdivision nine of this section, 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 any
local law adopted pursuant to subdivision five of this
section 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 paragraph (c) of subdivision nine of this
section and for not more than one year in all other cases,
or to both such fine and imprisonment. Whenever the city
housing rent agency has reason to believe that any person is
liable to punishment under this paragraph, the city housing
rent agency 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.
(c) Any court shall advance on the docket and expedite the
disposition of any criminal or other proceedings brought
before it under this subdivision.
(d) No officer or employee of the city housing rent agency 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 the state
emergency housing rent control law or any local law adopted
pursuant to subdivision five of this section 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 such local law or any
regulation, order, or requirement thereunder, the court
having jurisdiction of such action or proceeding may at any
state certify such fact to the city housing rent agency. The
city housing rent agency may intervene in any such action or
proceeding.
(e) If any landlord who receives rent from a tenant violates a
regulation or order of the temporary state housing rent
commission or the city housing rent agency 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 of the
temporary state housing rent commission or the city housing
rent agency 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 paragraph within thirty days from the date
of the occurrence of the violation or is not entitled for
any reason to bring the action, the city housing rent agency
may institute an action within such two-year period. If such
action is instituted by the city housing rent agency, the
tenant affected shall thereafter be barred from bringing an
action for the same violation or violations. Any action
under this paragraph by either the tenant or the city
housing rent agency, as the case may be, may be brought in
any court of competent jurisdiction. A judgment in an action
for damages under this subdivision shall be a bar to the
recovery under this paragraph of any damages in any other
action against the same landlord on account of the same
overcharge prior to the institution of the action in which
such judgment was rendered. Where judgment is rendered in
favor of the city housing rent agency in such action, there
shall be paid over to the tenant from the moneys recovered
one-third of such recovery, exclusive of costs and
disbursements.
(f) If any landlord who receives rent from a tenant violates any
order of the city housing rent agency containing a directive
that rent collected by the landlord in excess of the maximum
rent be refunded to the tenant within thirty days, the city
housing rent agency may, within one year after the
expiration of such thirty day period or after such order
shall become final by regulation of the city housing rent
agency, 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. The
tenant paying such rent may also institute an action under
this section if the city housing rent agency fails to
institute an action within thirty days from the date of
occurrence of the violation. If an action is instituted by
the city housing rent agency, the tenant affected shall
thereafter be barred from bringing an action for the same
violation. Any action under this section by either the city
housing rent agency or the tenant, as the case may be, may
be brought in any court of competent jurisdiction. A
judgment in an action for damages under this section shall
be a bar to recovery under this subdivision of any damages
in any other action against the same landlord on account of
the same violation prior to the institution of the action in
which such judgment was rendered. Where an action is brought
by the tenant the damages which shall be awarded to the
tenant shall be the same as if such action was brought by
the city housing rent agency. Where judgment is rendered in
favor of the city housing rent agency in such action, there
shall be paid over to the tenant from the moneys recovered
one-third of such recovery, exclusive of the costs and
disbursements.
(g) Where after the city housing rent agency 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 accommodation for
any purpose specified in a local law adopted pursuant to
subdivision five of this section and such landlord shall
lease or sell the housing accommodation or the space
previously occupied thereby, or permit use thereof in any
manner other than contemplated in such eviction certificate,
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; in addition to any other
damage, the cost of removal of property shall be a lawful
measure of damage.
(h) 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 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. Application for such
determination may be made to the city housing rent agency
with respect to housing accommodations which, by local law
or ordinance, are made directly subject to regulation and
control by such agency. For all other housing accommodations
subject to regulation and control pursuant to the New York
city rent stabilization law of nineteen hundred sixty-nine,
application for such determination may be made to the New
York city conciliation and appeals board. For the purpose of
making and enforcing any determination of the New York city
conciliation and appeals board as herein provided, the
provisions of section seven, eight and ten, whenever they
refer to the city housing rent agency, shall be deemed to
refer to such board. 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 11. TRANSFER OF CERTAIN PENDING MATTERS.
Except as provided in subdivision thirteen of this section, any
matter, application, proceeding or protest undertaken, filed or
commenced by, with or before the temporary state housing rent
commission or the state rent administrator relating to the
regulation and control or residential rents and evictions within
a city having a population of one million or more and pending on
May first, nineteen hundred sixty-two, shall be transferred to,
conducted by, and completed or determined by the city housing
rent agency. In discharging such responsibilities the city
housing rent agency shall act in conformity with the provisions
of the state emergency housing rent control law, and the rules
and regulations promulgated thereunder, governing such matters,
applications or proceedings, unless at the time such action is
taken, such state law, and the rules and regulations promulgated
thereunder, have been amended or superseded by local laws,
ordinances, rules or regulations adopted pursuant to subdivision
five of this section, and in such event, in conformity therewith
to the extent such local law, ordinances, rules or regulations
are made expressly applicable to such matters, applications or
proceedings.
Section 12. TERMINATION OF STATE REGULATION AND CONTROL.
On and after May first, nineteen hundred sixty-two, the temporary
state housing rent commission and the state rent administrator
shall have no jurisdiction over the regulation and control of
residential rents and evictions within any city having a
population of one million or more.
Section 13. PENDING COURT PROCEEDINGS.
All appeals or other court proceedings relating to the regulation
and control of residential rents and evictions in a city having a
population of one million or more to which the temporary state
housing rent commission or the state rent administrator is a
party and which is pending on May first, nineteen hundred sixty-
two or thereafter prosecuted shall be prosecuted or defended by
the temporary state housing rent commission and the state rent
administrator pursuant to the state emergency housing rent
control law to a final determination or other disposition by the
court in accordance with law. If the court remits any such matter
to the temporary state housing rent commission, the commission
may transfer such matter to the city housing rent agency for
disposition pursuant to subdivision eleven of this section.
Section 14. CIVIL SERVICE.
Upon the transfer of the functions of the temporary state housing
rent commission to the city housing rent agency pursuant to
subdivision six of this section, the officers, and employees of
such commission, other than those certified for retention by the
state rent administrator to the state department of civil service
prior to April first, nineteen hundred sixty-two, as required for
the continued operations of such commission, shall be transferred
as of May first, nineteen hundred sixty-two, to the city housing
rent agency for the continued performance of their functions.
Such officers and employees shall be transferred to similar or
corresponding positions in such city housing rent agency, without
further examination or qualification, and shall retain their
respective civil service jurisdictional classifications and
status. If the city housing rent agency determines that it will
not accept for transfer all such officers and employees, the city
housing rent agency shall certify to the state department of
civil service those officers and employees whom it will not
accept for transfer and in such event, the determination of those
to be transferred shall be made by selection of the city housing
rent agency from among officers and employees holding permanent
appointments in competitive class positions in the order of their
respective dates of original appointments in the service of the
state, with due regard to the right of preference in retention of
disabled and non-disabled veterans and blind persons.
Notwithstanding the provisions of any general, special or local
law, code or charter requiring officers and employees of a city
having a population of one million or more to be residents of
such city at the time of their entry into city service or during
the continuance of such service, officers and employees of the
temporary state housing rent commission shall be transferred to
and shall be retained by the city housing rent agency pursuant to
this subdivision without regard to local residence.
Officers and employees holding permanent appointments in
competitive class positions, other than those certified by the
state rent administrator for retention in the service of the
state, who are not accepted for transfer by the city housing rent
agency or who request to be excepted from such transfer shall
have their names entered on an appropriate preferred list for
reinstatement to the same or similar positions in the service of
the state.
Officers and employees transferred to the city housing rent
agency pursuant to this subdivision shall be entitled to full
seniority credit for all purposes, including the determination of
their city salaries and increments, for service in the state
government rendered prior to such transfer, as though such
service had been service in the city government. Such transferees
shall retain their earned unused sick leave and vacation credits,
but not in excess of maximum accumulations permitted under such
municipal rules as may be applicable.
Officers and employees transferred pursuant to this subdivision
shall thereafter be subject to the rules and jurisdiction of the
municipal civil service commission having jurisdiction over the
city housing rent agency to which such transfer is made. The
state department of civil service shall transfer to such
municipal civil service commission on May first, nineteen hundred
sixty-two, or as soon thereafter as may be practicable, all
eligible lists, records, documents and files pertaining to the
officers and employees so transferred and to their positions.
Examinations for positions in the temporary state housing rent
commission which are in process on May first, nineteen hundred
sixty-two, shall be completed by the state civil service
commission and eligible lists established. Such lists shall be
included among the eligible lists transferred to the municipal
civil service commission. Any such eligible list shall continue
to be used by such municipal civil service commission and shall
be certified by it in accordance with the provisions of its rules
and regulations for filling vacancies in appropriate positions in
the city housing rent agency exercising the functions transferred
pursuant to this section; provided, however, that such
certifications from promotion eligible lists shall be limited to
eligibles transferred to such city housing rent agency pursuant
to this subdivision. Promotions in the temporary state housing
rent commission shall be made from among eligibles on appropriate
lists who are not transferred to the city housing rent agency.
All other matters which relate to the administration of the civil
service law with respect to the officers and employees
transferred pursuant to this subdivision, and with respect to
their positions, and which at the time of such transfer are
pending before the state department of civil service or the state
civil service commission, shall be transferred to such municipal
civil service commission, and any action theretofore taken on
such matters by such state department or commission shall have
the same force and effect as if taken by such municipal civil
service commission.
Section 15. INTERGOVERNMENTAL COOPERATION.
The temporary state housing rent commission and the state rent
administrator shall cooperate with the city housing rent agency
in effectuating the purposes of this act and shall make available
to the city housing rent agency such cooperation, information,
records and data as will assist the city housing rent agency in
effectuating such purposes.
Upon the request of the city housing rent agency, all such
information, records and data relating to the regulation and
control of residential rents and evictions within such city shall
be transferred to the city housing rent agency on May first,
nineteen hundred sixty-two or as soon thereafter as may be
practicable.
Subject to the approval of the state rent administrator, the
state commissioner of general services is hereby authorized to
sublease or otherwise make available, in part or in whole, to the
city housing rent agency, upon such terms and conditions as the
said commissioner may prescribe, any premises leased to the state
and occupied on or prior to May first, nineteen hundred sixty-two
by the temporary state housing rent commission.
Notwithstanding the provisions of section one hundred seventy-
eight of the state finance law, the state commissioner of general
services is hereby authorized to sell, lease or otherwise make
available to the city housing rent agency, upon such terms and
conditions as the said commissioner may prescribe and subject to
the approval of the state rent administrator, any or all personal
property used on or prior to May first, nineteen hundred sixty-
two by the temporary state housing rent commission.
Section 16. SAVING CLAUSE.
If any local law or ordinance in respect of the regulation and
control of residential rents and evictions adopted pursuant to
subdivision five of this section shall be held wholly or
partially invalid by final decree of a court of competent
jurisdiction, the city housing rent agency shall administer the
provisions of the state emergency housing rent control law to the
extent of any such invalidity.
Section 17. SEPARABILITY.
If any subdivision, paragraph, sentence, clause or provision of
this section shall be held wholly or partially invalid by final
decree of a court of competent jurisdiction, to the extent that
it is not invalid, it shall be valid and no other subdivision,
paragraph, sentence, clause or provision shall on account thereof
be deemed invalid.
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