Emergency Tenant Protection Act 576/74

* S 5. Housing accommodations subject to regulation. a. A declaration
of emergency may be made pursuant to section three as to all or any
class or classes of housing accommodations in a municipality, except:
(1) housing accommodations subject to the emergency housing rent
control law, or the local emergency housing rent control act, other than
housing accommodations subject to the New York city rent stabilization
law of nineteen hundred sixty-nine;
(2) housing accommodations owned or operated by the United States, the
state of New York, any political subdivision, agency or instrumentality
thereof, any municipality or any public housing authority;
(3) housing accommodations in buildings in which rentals are fixed by
or subject to the supervision of the state division of housing and
community renewal under other provisions of law or the New York city
department of housing preservation and development or the New York state
urban development corporation, or, to the extent that regulation under
this act is inconsistent therewith aided by government insurance under
any provision of the National Housing Act;
(4) (a) housing accommodations in a building containing fewer than six
dwelling units, other than any plot or parcel of land in cities having a
population of one million or more 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 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 or the local emergency housing rent control act and on
which plot or parcel of land there exists a dwelling owned and occupied
by a tenant of such plot or parcel;
(b) for purposes of this paragraph four, a building shall be deemed to
contain six or more dwelling units if it is part of a multiple family
garden-type maisonette dwelling complex containing six or more dwelling
units having common facilities such as a sewer line, water main or
heating plant and operated as a unit under common ownership,
notwithstanding that certificates of occupancy were issued for portions
thereof as one- or two-family dwellings.
(5) housing accommodations in buildings completed or buildings
substantially rehabilitated as family units on or after January first,
nineteen hundred seventy-four;
(6) housing accommodations owned or operated by 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 other than those accommodations occupied
by a tenant on the date such housing accommodation is acquired by any
such institution, or which are occupied subsequently by a tenant who is
not affiliated with such institution at the time of his initial
occupancy;
(7) rooms or other housing accommodations in hotels, other than hotel
accommodations in cities having a population of one million or more not
occupied on a transient basis and heretofore subject to the emergency
housing rent control law, the local emergency housing rent control act
or to the New York city rent stabilization law of nineteen hundred
sixty-nine;
(8) 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;
The term "motor court" shall mean an establishment renting rooms,
cottages or cabins, supplying parking or storage facilities for motor
vehicles in connection with such renting and other services and
facilities customarily supplied by such establishments, and commonly
known as motor, auto or tourist court in the community.
The term "tourist home" shall mean a rooming house which caters
primarily to transient guests and is known as a tourist home in the
community.
(9) non-housekeeping, furnished housing accommodations, located within
a single dwelling unit not used as a rooming or boarding house, but only
if:
(a) 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
(b) the remaining portion of such dwelling unit is occupied by the
landlord or his immediate family.
(10) housing accommodations in buildings operated exclusively for
charitable purposes on a non-profit basis;
(11) housing accommodations which are not occupied by the tenant, not
including subtenants or occupants, as his primary residence, as
determined by a court of competent jurisdiction. For the purposes of
this paragraph, 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. 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 primary residence unless the owner or
lessor shall have given thirty days notice to the tenant of his
intention to commence such action or proceeding on such grounds.
(12) upon issuance of an order by the division, housing accommodations
which are: (1) occupied by persons who have a total annual income in
excess of one hundred seventy-five thousand dollars per annum in each of
the two preceding calendar years, as defined in and subject to the
limitations and process set forth in section five-a of this act; and (2)
have a legal regulated rent of two thousand dollars or more per month.
Provided however, that this exclusion shall not apply to housing
accommodations which became or become subject to this act (a) by virtue
of receiving tax benefits pursuant to section four hundred twenty-one-a
or four hundred eighty-nine of the real property tax law, except as
otherwise provided in subparagraph (i) of paragraph (f) of subdivision
two of section four hundred twenty-one-a of the real property tax law,
or (b) by virtue of article seven-C of the multiple dwelling law.
(13) any housing accommodation with a legal regulated 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, or any housing accommodation with a legal regulated rent of
two thousand dollars or more per month at any time on or after the
effective date of the rent regulation reform act of 1997 which is or
becomes vacant on or after the effective date of the rent regulation
reform act of 1997. This exclusion shall apply regardless of whether the
next tenant in occupancy or any subsequent tenant in occupancy actually
is charged or pays less than two thousand dollars a month. Provided
however, that this exclusion shall not apply to housing accommodations
which became or become subject to this act (a) by virtue of receiving
tax benefits pursuant to section four hundred twenty-one-a or four
hundred eighty-nine of the real property tax law, except as otherwise
provided in subparagraph (i) of paragraph (f) of subdivision two of
section four hundred twenty-one-a of the real property tax law, or (b)
by virtue of article seven-C of the multiple dwelling law. This
paragraph 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 act shall also apply.
(14) (i) housing accommodations owned as a cooperative or condominium
unit which are or become vacant on or after the effective date of this
paragraph, except that this subparagraph shall not apply to units
occupied by non-purchasing tenants under section three hundred
fifty-two-eee of the general business law until the occurrence of a
vacancy. (ii) This paragraph shall not apply, however, to or become
effective with respect to housing accommodations which the commissioner
determines or finds 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 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. In connection with such course of conduct any other
general enforcement provision of this act shall also apply;
b. Notwithstanding any other provision of this section, nothing shall
prevent the declaration of an emergency pursuant to section three of
this act for rental housing accommodations located in buildings or
structures which are subject to the provisions of article eighteen of
the private housing finance law.
* NB expires June 15, 2011