N.Y. Emergency Tenant Protection Act 576/74 § 10: Regulations

§ 10. Regulations. a. For cities having a population of less than one

million and towns and villages, the state division of housing and

community renewal shall be empowered to implement this act by

appropriate regulations. Such regulations may encompass such speculative

or manipulative practices or renting or leasing practices as the state

division of housing and community renewal determines constitute or are

likely to cause circumvention of this act. Such regulations shall

prohibit practices which are likely to prevent any person from asserting

any right or remedy granted by this act, including but not limited to

retaliatory termination of periodic tenancies and shall require owners

to grant a new one or two year vacancy or renewal lease at the option of

the tenant, except where a mortgage or mortgage commitment existing as

of the local effective date of this act provides that the owner shall

not grant a one-year lease; and shall prescribe standards with respect

to the terms and conditions of new and renewal leases, additional rent

and such related matters as security deposits, advance rental payments,

the use of escalator clauses in leases and provision for increase in

rentals for garages and other ancillary facilities, so as to ensure that

the level of rent adjustments authorized under this law will not be

subverted and made ineffective. Any provision of the regulations

permitting an owner to refuse to renew a lease on grounds that the owner

seeks to recover possession of a housing accommodation for his or her

own use and occupancy or for the use and occupancy of his or her

immediate family shall permit recovery of only one housing

accommodation, shall require that an owner demonstrate immediate and

compelling need and that the housing accommodation will be the proposed

occupants' primary residence and shall not apply where a member of the

housing accommodation is sixty-two years of age or older, has been a

tenant in a housing accommodation in that building for fifteen years or

more, or has an impairment which results from anatomical, physiological

or psychological conditions, other than addiction to alcohol, gambling,

or any controlled substance, which are demonstrable by medically

acceptable clinical and laboratory diagnostic techniques, and which are

expected to be permanent and which prevent the tenant from engaging in

any substantial gainful employment; provided, however, that a tenant

required to surrender a housing accommodation under this subdivision

shall have a cause of action in any court of competent jurisdiction for

damages, declaratory, and injunctive relief against a landlord or

purchaser of the premises who makes a fraudulent statement regarding a

proposed use of the housing accommodation. In any action or proceeding

brought pursuant to this subdivision a prevailing tenant shall be

entitled to recovery of actual damages, and reasonable attorneys' fees.

(a-2) Where the amount of rent charged to and paid by the tenant is

less than the legal regulated rent for the housing accommodation, the

amount of rent for such housing accommodation which may be charged upon

vacancy thereof, may, at the option of the owner, be based upon such

previously established legal regulated rent, as adjusted by the most

recent applicable guidelines increases and other increases authorized by

law. For any tenant who is subject to a lease on or after the effective

date of a chapter of the laws of two thousand nineteen which amended

this subdivision, or is or was entitled to receive a renewal or vacancy

lease on or after such date, upon renewal of such lease, the amount of

rent for such housing accommodation that may be charged and paid shall

be no more than the rent charged to and paid by the tenant prior to that

renewal, as adjusted by the most recent applicable guidelines increases

and any other increases authorized by law. Provided, however, that for

buildings that are subject to this statute by virtue of a regulatory

agreement with a local government agency and which buildings receive

federal project based rental assistance administered by the United

States department of housing and urban development or a state or local

section eight administering agency, where the rent set by the federal,

state or local governmental agency is less than the legal regulated rent

for the housing accommodation, the amount of rent for such housing

accommodation which may be charged with the approval of such federal,

state or local governmental agency upon renewal or upon vacancy thereof,

may be based upon such previously established legal regulated rent, as

adjusted by the most recent applicable guidelines increases or other

increases authorized by law; and further provided that such vacancy

shall not be caused by the failure of the owner or an agent of the

owner, to maintain the housing accommodation in compliance with the

warranty of habitability set forth in subdivision one of section two

hundred thirty-five-b of the real property law.

b. For cities having a population of one million or more, this act may

be implemented by regulations adopted pursuant to the New York city rent

stabilization law of nineteen hundred sixty-nine, as amended, or as

otherwise provided by law.

c. Each owner of premises subject to this act shall furnish to each

tenant signing a new or renewal lease, a copy of the fully executed new

or renewal lease bearing the signatures of owner and tenant and the

beginning and ending dates of the lease term, within thirty days from

the owner's receipt of the new or renewal lease signed by the tenant.