Sec. 26-504. APPLICATION.
This law shall apply to:
a. Class A multiple dwellings not owned as a cooperative or as
a condominium, except as provided in section three hundred
fifty-two-eeee of the general business law containing six or
more dwelling units which:
(1) were completed after February first, nineteen hundred
forty-seven, except dwelling units (a) owned or leased
by, or financed by loans from, a public agency or
public benefit corporation, (b) subject to rent
regulation under the private housing finance law or any
other state law, (c) aided by government insurance
under any provision of the national housing act, to the
extent this chapter or any regulation or order issued
thereunder is inconsistent therewith, or (d) located in
a building for which a certificate of occupancy is
obtained after March tenth, nineteen hundred sixty-
nine; or (e) any class A multiple dwelling which on
June first, nineteen hundred sixty-eight was and still
is commonly regarded as a hotel, transient hotel or
residential hotel, and which customarily provides hotel
service such as maid service, furnishing and laundering
of linen, telephone and bell boy service, secretarial
or desk service and use and upkeep of furniture and
fixtures, or (f) not occupied by the tenant, not
including subtenants or occupants, as his primary
residence, as determined by a court of competent
jurisdiction, provided, however that no action or
proceeding shall be commenced seeking to recover
possession on the ground that a housing accommodation
is not occupied by the tenant as his or her primary
residence unless the owner or lessor shall have given
thirty days notice to the tenant of his or her
intention to commence such action or proceeding on such
grounds. For the purposes of this subparagraph where a
housing accommodation is rented to a not-for-profit
hospital for residential use, affiliated subtenants
authorized to use such accommodations by such hospital
shall be deemed to be tenants, or (g) became vacant on
or after June thirtieth, nineteen hundred seventy-one,
or become vacant, provided however that this exemption
shall not apply or become effective with respect to
housing accommodations which the commissioner
determines or finds became vacant because the landlord
or any person acting on his or her 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 or her use or occupancy of the housing
accommodations and provided further that any housing
accommodations exempted by this paragraph shall be
subject to this law to the extent provided in
subdivision b of this section; or
(2) were decontrolled by the city rent agency pursuant to
section 26-414 of this title; or (3) are exempt from
control by virtue of item one, two, six or seven of
subparagraph (i) of paragraph two of subdivision e of
section 26-403 of this title; and
b. Other housing accommodations in class A or class B multiple
dwellings made subject to this law pursuant to the emergency
tenant protection act of nineteen seventy-four.
c. Dwelling units in a building or structure receiving the
benefits of section 11-243 or section 11-244 of the code or
article eighteen of the private housing finance law, not
owned as a cooperative or as a condominium, except as
provided in section three hundred fifty-two-eeee of the
general business law and not subject t chapter three of this
title. Upon the expiration or termination for any reason of
the benefits of section 11-243 or section 11-244 of the code
or article eighteen of the private housing finance law any
such dwelling unit shall be subject to this chapter until
the occurrence of the first vacancy of such unit after such
benefits are no longer being received or if each lease and
renewal thereof for such unit for the tenant in residence at
the time of the expiration of the tax benefit period has
included a notice in at least twelve point type informing
such tenant that the unit shall become subject to
deregulation upon the expiration of such tax benefit period
and states the approximate date on which such tax benefit
period is scheduled to expire, such dwelling unit shall be
deregulated as of the end of the tax benefit period;
provided, however, that if such dwelling unit would have
been subject to this chapter or the emergency tenant
protection act of nineteen seventy-four in the absence of
this subdivision such dwelling unit shall, upon the
expiration of such benefits, continue to be subject to this
chapter or the emergency tenant protection act of nineteen
seventy-four to the same extent and in the same manner as if
this subdivision had never applied thereto.