N.Y. Emergency Tenant Protection Act 576/74 § 3: Local determination of emergency; end of emergency

§ 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.

d. When requested by a municipality or a designee, as a part of a

study to determine its vacancy rate, owners, or their agent, of housing

accommodations in the class of housing accommodations determined, shall

provide the most recent records of rent rolls and, if available, records

for the preceding thirty-six months. Such records shall include the

tenant's relevant information relating to finding the vacancy rate of

such municipality including but not limited to the name, address, and

amount paid or charged on a weekly, monthly, or annual basis for each

occupied housing accommodation and which housing accommodations are

vacant at the time of the survey and available for rent. Such records

shall also include any housing accommodations that are vacant and not

available for rent and provide the reason why such unit is not available

for rent.

e. A municipality may impose a civil penalty or fee of up to five

hundred dollars on an owner or their agent if the owner or their agent

refuses to participate in such vacancy survey and cooperate with the

municipality or a designee in such vacancy survey, or submits knowingly

and intentionally false vacancy information.

f. A nonrespondent owner shall be deemed to have zero vacancies.

g. Identifying data or information shall be kept confidential and

shall not be shared, traded, given, or sold to any other entity for any

purpose outside of such vacancy study.