Emergency Tenant Protection Act 576/74

* S 3. Local determination of emergency; end of emergency. a. The
existence of public emergency requiring the regulation of residential
rents for all or any class or classes of housing accommodations,
including 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 and on which plot
or parcel of land there exists a dwelling owned and occupied by a tenant
of such plot or parcel, heretofore destabilized; heretofore or hereafter
decontrolled, exempt, not subject to control, or exempted from
regulation and control under the provisions of the emergency housing
rent control law, the local emergency housing rent control act or the
New York city rent stabilization law of nineteen hundred sixty-nine; or
subject to stabilization or control under such rent stabilization law,
shall be a matter for local determination within each city, town or
village. Any such determination shall be made by the local legislative
body of such city, town or village on the basis of the supply of housing
accommodations within such city, town or village, the condition of such
accommodations and the need for regulating and controlling residential
rents within such city, town or village. A declaration of emergency may
be made as to any class of housing accommodations if the vacancy rate
for the housing accommodations in such class within such municipality is
not in excess of five percent and a declaration of emergency may be made
as to all housing accommodations if the vacancy rate for the housing
accommodations within such municipality is not in excess of five
percent.
b. The local governing body of a city, town or village having declared
an emergency pursuant to subdivision a of this section may at any time,
on the basis of the supply of housing accommodations within such city,
town or village, the condition of such accommodations and the need for
continued regulation and control of residential rents within such
municipality, declare that the emergency is either wholly or partially
abated or that the regulation of rents pursuant to this act does not
serve to abate such emergency and thereby remove one or more classes of
accommodations from regulation under this act. The emergency must be
declared at an end once the vacancy rate described in subdivision a of
this section exceeds five percent.
c. No resolution declaring the existence or end of an emergency, as
authorized by subdivisions a and b of this section, may be adopted
except after public hearing held on not less than ten days public
notice, as the local legislative body may reasonably provide.
* NB Expires June 15, 2011