N.Y. Emergency Housing Rent Control Law 274/46 337/61 § 12: Application

§ 12. Application. 1. Whenever the commission shall find that, in any

municipality specified by the commission, (a) the percentage of

vacancies in all or any particular class of housing accommodations is

five per centum or more, or, (b) the availability of adequate rental

housing accommodations and other relevant factors are such as to make

rent control unnecessary for the purpose of eliminating speculative,

unwarranted, and abnormal increases in rents and of preventing

profiteering and speculative and other disruptive practices resulting

from abnormal market conditions caused by congestion, the controls

imposed upon rents by authority of this act in such municipality or with

respect to any particular class of housing accommodations therein shall

be abolished in the manner hereinafter provided; provided however that,

except as otherwise provided in this section, no controls shall be

abolished by the commission unless the commission shall hold a public

hearing or hearings on such proposal at which interested persons are

given a reasonable opportunity to be heard. Notice of such hearing shall

be provided by publication in a daily newspaper published or having

general circulation in the municipality affected not less than fifteen

days prior to the date of the hearing.

2. Notwithstanding the provisions of this section or any other

provision of this act, the local governing body of a city, town or

village upon a finding that decontrol in such city, town or village is

warranted after a public hearing upon notice by publication in a daily

or weekly newspaper published or having general circulation in the city

or town not less than twenty days prior to the date of hearing, and

after notice to the commission, may adopt a resolution to decontrol all

or any specified class of housing accommodation in such city, town or

village. Such resolution shall thereafter be filed with the division.

Upon receipt of any such resolution the controls imposed by authority of

this act shall be abolished in the city, town or village affected with

respect to housing accommodations specified in such resolution in the

manner hereinafter specified. Notwithstanding the foregoing provisions

of this paragraph, a city, town or village any portion of which is

within the limits of an area designated as a critical defense housing

area by the federal government at the time of adoption of the decontrol

resolution, shall not become decontrolled without the approval of the

commission.

2-a. Upon the issuance of an order of decontrol or upon the filing of

a resolution resulting in decontrol of a housing accommodation pursuant

to subdivision two, such decontrol shall take place:

(a) if the landlord and tenant execute a written lease for a term of

not less than two years wherein the landlord agrees to maintain the same

services and equipment required by this act and which provides for an

increase in the maximum rent not in excess of fifteen percent for the

first year and not more than a second five percent increase for the

second year and otherwise continues the terms and conditions of the

existing tenancy; upon the execution of such lease;

(b) if the landlord offers the tenant a lease in accordance with the

terms provided in paragraph (a) and the tenant fails to execute such

lease, six months from the date that the commission issued the order or

the date the municipality filed the resolution, provided that the

landlord has notified the tenant in writing by certified mail that his

failure to execute the lease within thirty days of such notification

will result in the decontrol of the housing accommodation on the date

set forth therein, such date to be the expiration of such thirty days or

such six months, whichever is later; or

(c) if the landlord does not offer the tenant a lease in accordance

with the terms provided in paragraph (a), two years from the date the

commission issued the order or the municipality filed the resolution.

3. (a) Notwithstanding the provisions of section four or of any other

inconsistent provision of this act, housing accommodations subject to

rent control as provided for in this act on June thirtieth, nineteen

hundred fifty-five, in any city or town within the counties of

Cattaraugus, Chautauqua, Columbia, Dutchess, Erie, Fulton, Herkimer,

Montgomery, Niagara, Ontario, Oswego, Saratoga, Seneca, Steuben,

Suffolk, Ulster and Yates shall, subsequent to such date, be no longer

subject to such rent control, except as hereinafter in this subdivision

provided.

(b) The governing body of any such city or town, as hereinafter

specified, may, and it is hereby authorized and empowered to, by

resolution duly adopted for such purpose not later than June thirtieth,

nineteen hundred fifty-five, and declaring the continuance of emergency

conditions therein, elect to be excluded from the operation of the

provisions of this subdivision providing for the termination of rent

control therein, to the extent specified in such resolution.

In the case of any such city or town elsewhere than within the

counties of Erie and Niagara, such resolution may provide for such

exclusion with respect to all or any particular class of such housing

accommodations within such city or town; and in the case of any such

city or town within the counties of Erie or Niagara, such resolution may

provide for such exclusion with respect to all or any particular class

of such housing accommodations in such city or town, except (1) one

family houses and (2) two family houses occupied in whole or in part by

the owner.

In the event of the adoption of such a resolution in any such city or

town, the provisions of this subdivision providing for the termination

of rent control therein shall not apply with respect to such housing

accommodations within such city or town as specified in the resolution

so adopted. Any such resolution, upon adoption, shall forthwith be

transmitted to the commission.

(c) The governing body of any city or town elsewhere than in the

counties of Columbia, Dutchess and Erie, as hereinafter specified, with

respect to which the provisions of this subdivision providing for the

termination of rent control therein are applicable and in effect

subsequent to June thirtieth, nineteen hundred fifty-five, may, and it

is hereby authorized and empowered to, by resolution duly adopted for

such purpose at any time subsequent to such date and declaring the

existence of emergency conditions therein, request the commission to

reestablish the regulation of rents on housing accommodations therein,

to the extent specified in such resolution.

In the case of any such city or town elsewhere than within the county

of Niagara, such resolution may request such reestablishment with

respect to all or any particular class of such housing accommodations in

such city or town; and in the case of any such city or town within the

county of Niagara, such resolution may request such reestablishment with

respect to all or any particular class of such housing accommodations in

such city or town, except (1) one family houses and (2) two family

houses occupied in whole or in part by the owner.

Any such resolution, upon adoption, shall forthwith be transmitted to

the commission. Upon receipt of such resolution, the commission shall by

regulation or order reestablish the same maximum rents for such housing

accommodations within such city or town specified in such resolution as

last previously established by the commission and in force and effect

therein immediately prior to decontrol pursuant to this subdivision. Any

such regulation or order shall take effect on the date specified in such

resolution, and thereafter such maximum rents shall be and continue in

force and effect as to such housing accommodations within such city or

town until changed or abolished in accordance with the applicable

provisions of this act, and all the provisions of this act applying

generally with respect to maximum rents on such housing accommodations

shall apply with respect thereto within such city or town.

(d) Notwithstanding the provisions of section four or of any other

inconsistent provision of this act, housing accommodations subject to

rent control as provided for in this act on June thirtieth, nineteen

hundred fifty-seven, in any city or town within the counties of

Columbia, Dutchess or Erie shall, subsequent to such date, be no longer

subject to such rent control, except as hereinafter in this subdivision

provided.

The governing body of any such city or town, as hereinbefore or

hereinafter specified, may, and it is hereby authorized and empowered

to, by resolution adopted for such purpose not later than June

thirtieth, nineteen hundred fifty-seven, and declaring the continuance

of emergency conditions therein, elect to be excluded from the operation

of the provisions of this paragraph (d) providing for the termination of

rent control therein, to the extent specified in such resolution. Such

resolution may provide for such exclusion with respect to all or any

particular class of housing accommodations subject to such rent control

within such city or town. In the event of the adoption of such a

resolution in any such city or town, the provisions of this paragraph

(d) providing for the termination of rent control therein shall not

apply with respect to such housing accommodations within such city or

town as specified in the resolution so adopted. Any such resolution,

upon adoption, shall forthwith be transmitted to the commission.

4. (a) Notwithstanding any inconsistent provision of this act, the

local governing body of any city or town within the county of Monroe,

the county of Oneida, the county of Onondaga or the county of

Schenectady wherein housing accommodations are or shall be subject to

rent control as provided for in this act, by resolution duly adopted for

such purpose not later than June thirtieth, nineteen hundred fifty-five,

may, and it is hereby authorized and empowered to, elect that the

provisions of paragraph (j) of subdivision two of section two hereof

excepting housing accommodations in one family houses, and in two family

houses occupied in whole or in part by the owner thereof, in such

counties from the classifications of housing accommodations subject to

rent control shall not apply in such city or town; and in the event of

the adoption of such a resolution in any such city or town, such housing

accommodations specified in such subdivision within such city or town

shall continue to be subject to rent control. Any such resolution, upon

adoption, shall forthwith be transmitted to the commission.

(b) Notwithstanding any inconsistent provision of this act, the local

governing body of any city or town within the county of Monroe, the

county of Oneida or the county of Schenectady wherein housing

accommodations are or shall be subject to rent control as provided in

this act, and wherein the provisions of paragraph (j) of subdivision two

of section two hereof excepting housing accommodations in one family

houses, and in two family houses occupied in whole or in part by the

owner thereof, in such city or town, from the classifications of housing

accommodations subject to rent control are in force and effect

subsequent to June thirtieth, nineteen hundred fifty-five, by resolution

duly adopted for such purpose at any time subsequent to such date, may,

and it is hereby authorized and empowered to, request the commission to

reestablish the regulation of rents on such housing accommodations

therein.

Any such resolution, upon adoption, shall forthwith be transmitted to

the commission. Upon receipt of such resolution, the commission shall by

regulation or order reestablish the same maximum rents for such housing

accommodations within such city or town as last previously established

by the commission and in force and effect therein immediately prior to

decontrol pursuant to the provisions of paragraph (j) of subdivision two

of section two hereof. Any such regulation or order shall take effect on

the date specified in such resolution, and thereafter such maximum rents

shall be and continue in force and effect as to such housing

accommodations within such city or town until changed or abolished in

accordance with the applicable provisions of this act, and all the

provisions of this act applying generally with respect to maximum rents

on such housing accommodations shall apply with respect thereto within

such city or town.

5. Notwithstanding any inconsistent provision of this act, the local

governing body of any city or town other than the city of New York,

wherein housing accommodations are or shall be subject to rent control

as provided for in this act, by resolution duly adopted for such purpose

not later than June thirtieth, nineteen hundred fifty-seven, may, and it

is hereby authorized and empowered to, elect that the provisions of

paragraph (k) of subdivision two of section two hereof excepting housing

accommodations, other than housing accommodations used as boarding

houses or rooming houses in the county of Westchester which are or

become vacant therein from the classifications of housing accommodations

subject to rent control shall not apply in such city or town; and in the

event of the adoption of such a resolution in any such city, or town,

such housing accommodations specified in such subdivision within such

city or town shall continue to be subject to rent control in like manner

as before. Any such resolution, upon adoption, shall forthwith be

transmitted to the commission.

6. Notwithstanding any inconsistent provision of this act, the local

governing body of the city of Albany, by resolution duly adopted for

such purpose not later than June thirtieth, nineteen hundred sixty-five,

determining the existence of a public emergency requiring the regulation

and control of residential rents and evictions within such city, which

determination shall follow a survey which such city shall have caused to

be made of the supply of housing accommodations within such city, the

condition of such accommodations and the need for re-establishing the

regulation and control of residential rents and evictions within such

city, may, and it is hereby authorized and empowered to request the

commission to re-establish the regulations of rents with respect to all

or any particular class of housing accommodations in the city of Albany,

to the extent specified in such resolution.

Any such resolution, upon adoption, shall forthwith be transmitted to

the commission. Upon receipt of such resolution, the commission shall

forthwith by regulation or order fix as the maximum rents therefor the

rents which were lawfully chargeable therefor on April first, nineteen

hundred sixty-two, in accordance with the request contained in such

resolution. Any such regulation or order recontrolling rents shall take

effect on the date specified in such resolution, and thereafter the

maximum rents established thereby shall be and continue in force and

effect as to such housing accommodations within such city until changed

or abolished in accordance with the applicable provisions of this act

and the regulations adopted thereunder, and all the provisions of this

act applying generally with respect to maximum rents on such housing

accommodations and evictions therefrom shall apply with respect thereto

within such city.

7. Notwithstanding any inconsistent provision of this act, the local

governing body of the city of Mount Vernon, by resolution duly adopted

for such purpose not later than sixty days after the effective date of

this subdivision, determining the existence of a public emergency

requiring the regulation and control of residential rents and evictions

within such city and the need for re-establishing the regulation and

control of residential rents and evictions within such city for housing

accommodations subject to the provisions of this act on the first day of

June, nineteen hundred eighty-three, may, and it is hereby authorized

and empowered to request the division of housing and community renewal

to re-establish the regulations of rents with respect to such housing

accommodations in the city of Mount Vernon, to the extent specified in

such resolution.

Any such resolution, upon adoption, shall forthwith be transmitted to

the division of housing and community renewal. Upon receipt of such

resolution, the division of housing and community renewal shall

forthwith by regulation or order fix as the maximum rents therefor the

rents which were lawfully chargeable therefor on June first, nineteen

hundred eighty-three, in accordance with the request contained in such

resolution. Any such regulation or order recontrolling rents shall be

deemed to have been in full force and effect on and after the first day

of June, nineteen hundred eighty-three, and thereafter the maximum rents

established thereby shall be and continue in force and effect as to such

housing accommodations within such city until changed or abolished in

accordance with the applicable provisions of this act and the

regulations adopted thereunder, and all the provisions of this act

applying generally with respect to maximum rents on such housing

accommodations and evictions therefrom shall apply with respect thereto

within such city.