N.Y. Local Emergency Housing Rent Control Act 21/62 § 21-1962: Local Emergency Housing Rent Control Act 21/62

Chapter 21 of the laws of 1962

Section 1. The regulation and control of residential rents and

evictions within cities having a population of one million or more on

and after May first, nineteen hundred sixty-two shall be governed by the

provisions of this section, notwithstanding the provisions of the

emergency housing rent control law:

1. Short title. This section shall be known and may be cited as the

"local emergency housing rent control act".

2. Legislative finding. The legislature hereby finds that a serious

public emergency continues to exist in the housing of a considerable

number of persons in the state of New York which emergency was created

by war, the effects of war and the aftermath of hostilities; that such

emergency necessitated the intervention of federal, state and local

government in order to prevent speculative, unwarranted and abnormal

increases in rents; that there continues to exist an acute shortage of

dwellings; that unless residential rents and evictions continue to be

regulated and controlled, disruptive practices and abnormal conditions

will produce serious threats to the public health, safety and general

welfare; that to prevent such perils to health, safety and welfare,

preventive action by the legislature continues to be imperative; that

such action is necessary in order to prevent exactions of unjust,

unreasonable and oppressive rents and rental agreements and to forestall

profiteering, speculation and other disruptive practices tending to

produce threats to the public health; that in order to prevent

uncertainty, hardship and dislocation, the provisions of this section

are necessary and designed to protect the public health, safety and

general welfare, that the transition from regulation to a normal market

of free bargaining between landlord and tenant, while still the

objective of state policy, must be administered with due regard for such

emergency; and that the policy herein expressed should now be

administered locally within cities having a population of one million or

more by an agency of the city itself.

3. Local determination as to continuation of emergency. The

continuation, after May thirty-first, nineteen hundred sixty-seven, of

the public emergency requiring the regulation and control of residential

rents and evictions within cities having a population of one million or

more shall be a matter for local determination within each such city.

Any such determination shall be made by the local legislative body of

such city on or before April first, nineteen hundred sixty-seven and at

least once in every third year thereafter following a survey which the

city shall cause to be made of the supply of housing accommodations

within such city, the condition of such accommodations and the need for

continuing the regulation and control of residential rents and evictions

within such city, provided, however, that when the date by which such

determination shall be made falls in a calendar year immediately

following a calendar year during which a federal decennial census is

conducted, such date shall be postponed by one year. Such survey shall

be submitted to such legislative body not less than thirty nor more than

sixty days prior to the date of any such determination.

4. Establishment of city housing rent agency. On or before April

first, nineteen hundred sixty-two, the mayor of each city having a

population of one million or more shall establish or designate an

official, bureau, board, commission or agency of such city (referred to

in this section as the "city housing rent agency") to administer the

regulation and control of residential rents and evictions within such

city unless such city, acting through its local legislative body, shall

have enacted, prior to April first, nineteen hundred sixty-two, a local

law or ordinance pursuant to subdivision five of this section,

prescribing a different method of establishing or designating a city

housing rent agency and in such case such agency shall be established or

designated in accordance with said local law or ordinance.

5. Authority for local rent control legislation. Each city having a

population of one million or more, acting through its local legislative

body, may adopt and amend local laws or ordinances in respect of the

establishment or designation of a city housing rent agency. When it

deems such action to be desirable or necessitated by local conditions in

order to carry out the purposes of this section, such city, except as

hereinafter provided, acting through its local legislative body and not

otherwise, may adopt and amend local laws or ordinances in respect of

the regulation and control of residential rents, including but not

limited to provision for the establishment and adjustment of maximum

rents, the classification of housing accommodations, the regulation of

evictions, and the enforcement of such local laws or ordinances. The

validity of any such local laws or ordinances, and the rules or

regulations promulgated in accordance therewith, shall not be affected

by and need not be consistent with the state emergency housing rent

control law or with rules and regulations of the state division of

housing and community renewal.

Notwithstanding any local law or ordinance, housing accommodations

which became vacant on or after July first, nineteen hundred seventy-one

or which hereafter become vacant shall be subject to the provisions of

the emergency tenant protection act of nineteen seventy-four, provided,

however, that this provision shall not apply or become effective with

respect to housing accommodations which, by local law or ordinance, are

made directly subject to regulation and control by a city housing rent

agency and such agency determines or finds that the housing

accommodations became vacant because the landlord or any person acting

on his behalf, with intent to cause the tenant to vacate, engaged in any

course of conduct (including but not limited to, interruption or

discontinuance of essential 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 use or occupancy of the housing

accommodations. The removal of any housing accommodation from regulation

and control of rents pursuant to the vacancy exemption provided for in

this paragraph shall not constitute or operate as a ground for the

subjection to more stringent regulation and control of any housing

accommodation in such property or in any other property owned by the

same landlord, notwithstanding any prior agreement to the contrary by

the landlord. The vacancy exemption provided for in this paragraph shall

not arise with respect to any rented plot or parcel of land otherwise

subject to the provisions of this act, by reason of a transfer of title

and possession occurring on or after July first, nineteen hundred

seventy-one of a dwelling located on such plot or parcel and owned by

the tenant where such transfer of title and possession is made to a

member of the tenant's immediate family provided that the member of the

tenant's immediate family occupies the dwelling with the tenant prior to

the transfer of title and possession for a continuous period of two

years.

The term "immediate family" shall include a husband, wife, son,

daughter, stepson, stepdaughter, father, mother, father-in-law or

mother-in-law.

Notwithstanding the foregoing, no local law or ordinance shall

hereafter provide for the regulation and control of residential rents

and eviction in respect of any housing accommodations which are (1)

presently exempt from such regulation and control or (2) hereafter

decontrolled either by operation of law or by a city housing rent

agency, by order or otherwise. No housing accommodations presently

subject to regulation and control pursuant to local laws or ordinances

adopted or amended under authority of this subdivision shall hereafter

be by local law or ordinance or by rule or regulation which has not been

theretofore approved by the state commissioner of housing and community

renewal subjected to more stringent or restrictive provisions of

regulation and control than those presently in effect.

Notwithstanding any other provision of law, on and after the effective

date of this paragraph, a city having a population of one million or

more shall not, either through its local legislative body or otherwise,

adopt or amend local laws or ordinances with respect to the regulation

and control of residential rents and eviction, including but not limited

to provision for the establishment and adjustment of rents, the

classification of housing accommodations, the regulation of evictions,

and the enforcement of such local laws or ordinances, or otherwise adopt

laws or ordinances pursuant to the provisions of this act, the emergency

tenant protection act of nineteen seventy-four, the New York city rent

and rehabilitation law or the New York city rent stabilization law,

except to the extent that such city for the purpose of reviewing the

continued need for the existing regulation and control of residential

rents or to remove a classification of housing accommodation from such

regulation and control adopts or amends local laws or ordinances

pursuant to subdivision three of section one of this act, section three

of the emergency tenant protection act of nineteen seventy-four, section

26-415 of the New York city rent and rehabilitation law, and sections

26-502 and 26-520 of the New York city rent stabilization law of

nineteen hundred sixty-nine.

Notwithstanding the foregoing, no local law or ordinance shall subject

to such regulation and control any housing accommodation which is not

occupied by the tenant in possession as his or her primary residence;

provided, however, that such housing accommodation not occupied by the

tenant in possession as his or her primary residence shall continue to

be subject to regulation and control as provided for herein unless the

city housing rent agency issues an order decontrolling such

accommodation, which the agency shall do upon application by the

landlord whenever it is established by any facts and circumstances

which, in the judgment of the agency, may have a bearing upon the

question of residence, that the tenant maintains his or her primary

residence at some place other than at such housing accommodation. For

the purposes of determining primary residency, a tenant who is a victim

of domestic violence, as defined in section four hundred fifty-nine-a of

the social services law, who has left the unit because of such violence,

and who asserts an intent to return to the housing accommodation shall

be deemed to be occupying the unit as his or her primary residence.

6. Succession of city agency to state rent control functions within

city. All the functions and powers possessed by and all the obligations

and duties of the temporary state housing rent commission and the state

rent administrator under the provisions of the state emergency housing

rent control law and the rules and regulations of the commission

thereunder, insofar as they relate to the regulation and control of

residential rents and evictions within a city having a population of one

million or more, shall be transferred to the city housing rent agency of

such city on May first, nineteen hundred sixty-two, subject to the

provisions of any local laws, ordinances, rules or regulations adopted

pursuant to this subdivision or subdivision five of this section. On and

after such date, and until the adoption of a local law or ordinance in

respect of the regulation and control of residential rents within such

city pursuant to subdivision five of this section, such city housing

rent agency is hereby authorized and empowered, from time to time, to

adopt, promulgate, amend or rescind rules, regulations and orders under

the state emergency housing rent control law and the validity of such

rules, regulations and orders shall not be affected by and need not be

consistent with the rules, regulations and orders of the temporary state

housing rent commission under such law. All acts, orders,

determinations, decisions, rules and regulations of the temporary state

housing rent commission relating to the regulation and control of

residential rents and eviction within such city which are in force at

the time of such transfer shall continue in force and effect as acts,

orders, determinations, decisions, rules and regulations of such city

housing rent agency until duly modified, superseded or abrogated

pursuant to such local laws, ordinances, rules or regulations.

7. Investigations. The city housing rent agency is authorized to make

such studies and investigations, to conduct such hearings, and to obtain

such information as it deems necessary or proper in prescribing any

regulation or order under a local law adopted pursuant to subdivision

five of this section or in administering and enforcing such local law

and the regulations and orders thereunder or the state emergency housing

rent control law and the regulations and orders thereunder.

The city housing rent agency is further authorized, by regulation or

order, to require any person who rents or offers for rent or acts as

broker or agent for the rental of any housing accommodations to furnish

any such information under oath or affirmation, or otherwise, to make

and keep records and other documents, and to make reports, and the city

housing rent agency may require any such person to permit the inspection

and copying of records and other documents and the inspection of housing

accommodations. Any officer or agent designated by the city housing rent

agency for such purposes may administer oaths and affirmations and may,

whenever necessary, by subpoena, require any such person to appear and

testify or to appear and produce documents, or both, at any designated

place.

For the purpose of obtaining any information under this subdivision,

the city housing rent agency may by subpoena require any other person to

appear and testify or to appear and produce documents, or both, at any

designated place.

The production of a person's documents at any place other than his

place of business shall not be required under this subdivision in any

case in which, prior to the return date specified in the subpoena issued

with respect thereto, such person either has furnished the city housing

rent agency with a copy of such documents certified by such person under

oath to be a true and correct copy, or has entered into a stipulation

with the city housing rent agency as to the information contained in

such documents.

In case of contumacy by, or refusal to obey a subpoena served upon,

any person referred to in this subdivision, the supreme court in or for

any judicial district in which such person is found or resides or

transacts business, upon application by the city housing rent agency,

shall have jurisdiction to issue an order requiring such person to

appear and give testimony or to appear and produce documents, or both;

and any failure to obey such order of the court may be punished by such

court as a contempt thereof. The provisions of this paragraph shall be

in addition to the provisions of paragraph (a) of subdivision nine of

this section.

Witnesses subpoenaed under this subdivision shall be paid the same

fees and mileage as are paid witnesses under article eighty of the civil

practice law and rules.

Upon any such investigation or hearing, the city housing rent agency,

or an officer duly designated by the city housing rent agency to conduct

such investigation or hearing, may confer immunity in accordance with

the provisions of section 50.20 of the criminal procedure law.

The city housing rent agency shall not publish or disclose any

information obtained under this section that the city housing rent

agency deems confidential or with reference to which a request for

confidential treatment is made by the person furnishing such

information, unless the city housing rent agency determines that the

withholding thereof is contrary to the public interest.

Any person subpoenaed under this section shall have the right to make

a record of his testimony and to be represented by counsel.

8. Judicial review. Any person who is aggrieved by the final

determination of the city housing rent agency in an administrative

proceeding protesting a regulation or order of such agency may, in

accordance with article seventy-eight of the civil practice law and

rules, within sixty days after such determination, file a petition with

the supreme court specifying his objections and praying that the

regulation or order protested be enjoined or set aside in whole or in

part. Such proceeding may at the option of the petitioner be instituted

in the county where the city housing rent agency has its principal

office or where the property is located. A copy of such petition shall

forthwith be served on the city housing rent agency, and the city

housing rent agency shall file with such court the original or a

transcript of such portions of the proceedings in connection with the

determination as are material under the petition. Such return shall

include a statement setting forth, so far as practicable, the economic

data and other facts of which the city housing rent agency has taken

official notice. Upon the filing of such petition the court shall have

jurisdiction to set aside the regulation or order protested, in whole or

in part, to dismiss the petition, or to remit the proceeding to the city

housing rent agency; provided, however, that the regulation or order may

be modified or rescinded by the city housing rent agency at any time

notwithstanding the pendency of such proceeding for review. No objection

to such regulation or order, and no evidence in support of any objection

thereto, shall be considered by the court, unless such objection shall

have been presented to the city housing rent agency by the petitioner in

the proceedings resulting in the determination or unless such evidence

shall be contained in the return. If application is made to the court by

either party for leave to introduce additional evidence which was either

offered and not admitted, or which could not reasonably have been

offered or included in such proceedings before the city housing rent

agency, and the court determines that such evidence should be admitted,

the court shall order the evidence to be presented to the city housing

rent agency. The city housing rent agency shall promptly receive the

same, and such other evidence as the city housing rent agency deems

necessary or proper, and thereupon the city housing rent agency shall

file with the court the original or a transcript thereof and any

modification made in such regulation or order as a result thereof;

except that on request by the city housing rent agency, any such

evidence shall be presented directly to the court. Upon final

determination of the proceeding before the court, the original record,

if filed by the city housing rent agency with the court, shall be

returned to the city housing rent agency.

No regulation or order of the city housing rent agency shall be

enjoined or set aside, in whole or in part, unless the petitioner shall

establish to the satisfaction of the court that the regulation or order

is not in accordance with law, or is arbitrary or capricious. The

effectiveness of an order of the court enjoining or setting aside, in

whole or in part, any such regulation or order shall be postponed until

the expiration of thirty days from the entry thereof. The jurisdiction

of the supreme court shall be exclusive and its order dismissing the

petition or enjoining or setting aside such regulation or order, in

whole or in part, shall be final, subject to review by the appellate

division of the supreme court and the court of appeals in the same

manner and form and with the same effect as provided in the civil

practice act for appeals from a final order in a special proceeding.

Notwithstanding any provision of section thirteen hundred four of the

civil practice act to the contrary, any order of the court remitting the

proceeding to the city housing rent agency may, at the election of the

city housing rent agency, be subject to review by the appellate division

of the supreme court and the court of appeals in the same manner and

form and with the same effect as provided in the civil practice act for

appeals from a final order in a special proceeding. All such proceedings

shall be heard and determined by the court and by any appellate court as

expeditiously as possible and with lawful precedence over other matters.

All such proceedings for review shall be heard on the petition,

transcript and other papers, and on appeal shall be heard on the record,

without requirement of printing.

Within thirty days after arraignment, or such additional time as the

court may allow for good cause shown, in any criminal proceeding, and

within five days after judgment in any civil or criminal proceeding,

brought pursuant to subdivision ten of this section involving alleged

violation of any provision of any regulation or order of the city

housing rent agency, the defendant may apply to the court in which the

proceeding is pending for leave to file in the supreme court a petition

setting forth objections to the validity of any provision which the

defendant is alleged to have violated or conspired to violate. The court

in which the proceeding is pending shall grant such leave with respect

to any objection which it finds is made in good faith and with respect

to which it finds there is reasonable and substantial excuse for the

defendant's failure to present such objection in an administrative

proceeding before the city housing rent agency. Upon the filing of a

petition pursuant to and within thirty days from the granting of such

leave, the supreme court shall have jurisdiction to enjoin or set aside

in whole or in part the provision of the regulation or order complained

of or to dismiss the petition. The court may authorize the introduction

of evidence, either to the city housing rent agency or directly to the

court, in accordance with the first paragraph of this subdivision. The

provisions of the second paragraph of this subdivision shall be

applicable with respect to any proceedings instituted in accordance with

this paragraph.

In any proceeding brought pursuant to subdivision ten of this section

involving an alleged violation of any provision of any such regulation

or order, the court shall stay the proceeding:

(1) during the period within which a petition may be filed in the

supreme court pursuant to leave granted under the third paragraph of

this subdivision with respect to such provision;

(2) during the pendency of any administrative proceeding before the

city housing rent agency properly commenced by the defendant prior to

the institution of the proceeding under subdivision ten of this section,

setting forth objections to the validity of such provision which the

court finds to have been made in good faith; and

(3) during the pendency of any judicial proceeding instituted by the

defendant under this subdivision with respect to such administrative

proceeding or instituted by the defendant under the third paragraph of

this subdivision with respect to such provision, and until the

expiration of the time allowed in this subdivision for the taking of

further proceedings with respect thereto.

Notwithstanding the provisions of the immediately preceding paragraph,

stays shall be granted thereunder in civil proceedings only after

judgment and upon application made within five days after judgment.

Notwithstanding the provisions of the third paragraph of this

subdivision, in the case of a proceeding under the first paragraph of

subdivision ten of this section the court granting a stay under the

immediately preceding paragraph of this subdivision shall issue a

temporary injunction or restraining order enjoining or restraining,

during the period of the stay, violations by the defendant of any

provision of the regulation or order involved in the proceeding. If any

provision of a regulation or order is determined to be invalid by

judgment of the supreme court which has become effective in accordance

with the second paragraph of this subdivision, any proceeding pending in

any court shall be dismissed, and any judgment in such proceeding

vacated, to the extent that such proceeding or judgment is based upon

violation of such provision. Except as provided in this paragraph, the

pendency of any administrative proceeding before the city housing rent

agency or judicial proceeding under this subdivision shall not be

grounds for staying any proceeding brought pursuant to subdivision ten

of this section; nor, except as provided in this paragraph, shall any

retroactive effect be given to any judgment setting aside a provision of

a regulation or order.

The method prescribed herein for the judicial review of a regulation

or order of the city housing rent agency shall be exclusive.

9. Prohibitions. (a) It shall be unlawful, regardless of any contract,

lease or other obligation heretofore or hereafter entered into, for any

person to demand or receive any rent for any housing accommodations in

excess of the maximum rent established therefor by the temporary state

housing rent commission or the city housing rent agency or otherwise to

do or omit to do any act, in violation of any regulation, order or

requirement of the city housing rent agency hereunder or under any local

law adopted pursuant to subdivision five of this section or to offer,

solicit, attempt or agree to do any of the foregoing.

(b) It shall be unlawful for any person to remove or attempt to remove

from any housing accommodations the tenant or occupant thereof or to

refuse to renew the lease or agreement for the use of such

accommodations, because such tenant or occupant has taken, or proposes

to take, action authorized or required by the state emergency housing

rent control law or any local law adopted pursuant to subdivision five

of this section or any regulation, order or requirement thereunder.

(c) It shall be unlawful for any officer or employee of the city

housing rent agency or for any official adviser or consultant to the

city housing rent agency to disclose, otherwise than in the course of

official duty, any information obtained under this section, or to use

any such information for personal benefit.

(d) It shall be unlawful for any landlord or any person acting on his

behalf, with intent to cause the tenant to vacate, to engage in any

course of conduct (including, but not limited to, interruption or

discontinuance of essential services) which interferes with or disturbs

or is intended to interfere with or disturb the comfort, repose, peace

or quiet of the tenant in his use or occupancy of the housing

accommodations.

10. Enforcement. (a) Whenever in the judgment of the city housing rent

agency any person has engaged or is about to engage in any acts or

practices which constitute or will constitute a violation of any

provision of subdivision nine of this section, the city housing rent

agency may make application to the supreme court for an order enjoining

such acts or practices, or for an order enforcing compliance with such

provision, or for an order directing the landlord to correct the

violation, and upon a showing by the city housing rent agency that such

person has engaged or is about to engage in any such acts or practices a

permanent or temporary injunction, restraining order, or other order

shall be granted without bond. Jurisdiction shall not be deemed lacking

in the supreme court because the defense is based upon an order of an

inferior court.

(b) Any person who wilfully violates any provision of subdivision nine

of this section, and any person who makes any statement or entry false

in any material respect in any document or report required to be kept or

filed under any local law adopted pursuant to subdivision five of this

section or any regulation, order, or requirement thereunder, and any

person who wilfully omits or neglects to make any material statement or

entry required to be made in any such document or report, shall, upon

conviction thereof, be subject to a fine of not more than five thousand

dollars, or to imprisonment for not more than two years in the case of a

violation of paragraph (c) of subdivision nine of this section and for

not more than one year in all other cases, or to both such fine and

imprisonment. Whenever the city housing rent agency has reason to

believe that any person is liable to punishment under this paragraph,

the city housing rent agency may certify the facts to the district

attorney of any county having jurisdiction of the alleged violation, who

shall cause appropriate proceedings to be brought.

(c) Any court shall advance on the docket and expedite the disposition

of any criminal or other proceedings brought before it under this

subdivision.

(d) No officer or employee of the city housing rent agency shall be

held liable for damages or penalties in any court, on any grounds for or

in respect of anything done or omitted to be done in good faith pursuant

to any provision of the state emergency housing rent control law or any

local law adopted pursuant to subdivision five of this section or any

regulation, order, or requirement thereunder, notwithstanding that

subsequently such provision, regulation, order, or requirement may be

modified, rescinded, or determined to be invalid. In any action or

proceeding wherein a party relies for ground of relief or defense or

raises issue or brings into question the construction or validity of

such local law or any regulation, order, or requirement thereunder, the

court having jurisdiction of such action or proceeding may at any stage

certify such fact to the city housing rent agency. The city housing rent

agency may intervene in any such action or proceeding.

(e) If any landlord who receives rent from a tenant violates a

regulation or order of the temporary state housing rent commission or

the city housing rent agency prescribing the maximum rent with respect

to the housing accommodations for which such rent is received from such

tenant, the tenant paying such rent may, within two years from the date

of the occurrence of the violation, except as hereinafter provided,

bring an action against the landlord on account of the overcharge as

hereinafter defined. In such action, the landlord shall be liable for

reasonable attorney's fees and costs as determined by the court, plus

whichever of the following sums is the greater: (a) such amount not more

than three times the amount of the overcharge, or the overcharges, upon

which the action is based as the court in its discretion may determine,

or (b) an amount not less than twenty-five dollars nor more than fifty

dollars, as the court in its discretion may determine; provided,

however, that such amount shall be the amount of the overcharge or

overcharges or twenty-five dollars, whichever is greater, if the

defendant proves that the violation of the regulation or order in

question was neither wilful nor the result of failure to take

practicable precautions against the occurrence of the violation. As used

in this section, the word "overcharge" shall mean the amount by which

the consideration paid by a tenant to a landlord exceeds the applicable

maximum rent. If any landlord who receives rent from a tenant violates a

regulation or order of the temporary state housing rent commission or

the city housing rent agency prescribing maximum rent with respect to

the housing accommodations for which such rent is received from such

tenant, and such tenant either fails to institute an action under this

paragraph within thirty days from the date of the occurrence of the

violation or is not entitled for any reason to bring the action, the

city housing rent agency may institute an action within such two-year

period. If such action is instituted by the city housing rent agency,

the tenant affected shall thereafter be barred from bringing an action

for the same violation or violations. Any action under this paragraph by

either the tenant or the city housing rent agency, as the case may be,

may be brought in any court of competent jurisdiction. A judgment in an

action for damages under this subdivision shall be a bar to the recovery

under this paragraph of any damages in any other action against the same

landlord on account of the same overcharge prior to the institution of

the action in which such judgment was rendered. Where judgment is

rendered in favor of the city housing rent agency in such action, there

shall be paid over to the tenant from the moneys recovered one-third of

such recovery, exclusive of costs and disbursements.

(f) If any landlord who receives rent from a tenant violates any order

of the city housing rent agency containing a directive that rent

collected by the landlord in excess of the maximum rent be refunded to

the tenant within thirty days, the city housing rent agency may, within

one year after the expiration of such thirty day period or after such

order shall become final by regulation of the city housing rent agency,

bring an action against the landlord on account of the failure of the

landlord to make the prescribed refund. In such action, the landlord

shall be liable for reasonable attorney's fees and costs as determined

by the court, plus whichever of the following sums is the greater: (a)

such amount not more than three times the amount directed to be

refunded, or the amount directed to be refunded, upon which the action

is based as the court in its discretion may determine, or (b) an amount

not less than twenty-five dollars nor more than fifty dollars, as the

court in its discretion may determine; provided, however, that such

amount shall be the amount directed to be refunded or twenty-five

dollars, whichever is greater, if the defendant proves that the

violation of the order in question was neither wilful nor the result of

failure to take practical precautions against the occurrence of the

violation. The tenant paying such rent may also institute an action

under this section if the city housing rent agency fails to institute an

action within thirty days from the date of occurrence of the violation.

If an action is instituted by the city housing rent agency, the tenant

affected shall thereafter be barred from bringing an action for the same

violation. Any action under this section by either the city housing rent

agency or the tenant, as the case may be, may be brought in any court of

competent jurisdiction. A judgment in an action for damages under this

section shall be a bar to recovery under this subdivision of any damages

in any other action against the same landlord on account of the same

violation prior to the institution of the action in which such judgment

was rendered. Where an action is brought by the tenant the damages which

shall be awarded to the tenant shall be the same as if such action was

brought by the city housing rent agency. Where judgment is rendered in

favor of the city housing rent agency in such action, there shall be

paid over to the tenant from the moneys recovered one-third of such

recovery, exclusive of the costs and disbursements.

(g) Where after the city housing rent agency has granted a certificate

of eviction certifying that the landlord may pursue his remedies

pursuant to local law to acquire possession, and a tenant voluntarily

removes from a housing accommodation or has been removed therefrom by

action or proceeding to evict from or recover possession of a housing

accommodation upon the ground that the landlord seeks in good faith to

recover possession of such accommodation for any purpose specified in a

local law adopted pursuant to subdivision five of this section and such

landlord shall lease or sell the housing accommodation or the space

previously occupied thereby, or permit use thereof in any manner other

than contemplated in such eviction certificate, such landlord shall,

unless for good cause shown, be liable to the tenant for three times the

damages sustained on account of such removal plus reasonable attorney's

fees and costs as determined by the court; in addition to any other

damage, the cost of removal of property shall be a lawful measure of

damage.

(h) Any tenant who has vacated his housing accommodations because the

landlord or any person acting on his behalf, with intent to cause the

tenant to vacate, engaged in any course of conduct (including but not

limited to, interruption or discontinuance of essential 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 use or

occupancy of the housing accommodations may, within ninety days after

vacating, apply for a determination that the housing accommodations were

vacated as a result of such conduct, and may, within one year after such

determination, institute a civil action against the landlord by reason

of such conduct. Application for such determination may be made to the

city housing rent agency with respect to housing accommodations which,

by local law or ordinance, are made directly subject to regulation and

control by such agency. For all other housing accommodadations subject

to regulation and control pursuant to the New York city rent

stabilization law of nineteen hundred sixty-nine, application for such

determination may be made to the New York city conciliation and appeals

board. For the purpose of making and enforcing any determination of the

New York city conciliation and appeals board as herein provided, the

provisions of sections seven, eight and ten, whenever they refer to the

city housing rent agency, shall be deemed to refer to such board. In

such action the landlord shall be liable to the tenant for three times

the damages sustained on account of such conduct plus reasonable

attorney's fees and costs as determined by the court. In addition to any

other damages the cost of removal of property shall be a lawful measure

of damages.

(h) Any tenant who has vacated his housing accommodations because the

landlord or any person acting on his behalf, with intent to cause the

tenant to vacate, engaged in any course of conduct (including but not

limited to, interruption or discontinuance of essential 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 use or

occupancy of the housing accommodations may, within ninety days after

vacating, apply for a determination that the housing accommodations were

vacated as a result of such conduct, and may, within one year after such

determination, institute a civil action against the landlord by reason

of such conduct. Application for such determination may be made to the

city housing rent agency with respect to housing accommodations which,

by local law or ordinance, are made directly subject to regulation and

control by such agency. For all other housing accommodations subject to

regulation and control by local law or ordinance, application for such

determination may be made to the state division of housing and community

renewal. For the purpose of making and enforcing any determination of

the state division, as herein provided, the provisions of sections

seven, eight and ten, whenever they refer to the city housing rent

agency, shall be deemed to refer to the state division. In such action

the landlord shall be liable to the tenant for three times the damages

sustained on account of such conduct plus reasonable attorney's fees and

costs as determined by the court. In addition to any other damages the

cost of removal of property shall be a lawful measure of damages.

11. Transfer of certain pending matters. Except as provided in

subdivision thirteen of this section, any matter, application,

proceeding or protest undertaken, filed or commenced by, with or before

the temporary state housing rent commission or the state rent

administrator relating to the regulation and control or residential

rents and evictions within a city having a population of one million or

more and pending on May first, nineteen hundred sixty-two, shall be

transferred to, conducted by, and completed or determined by the city

housing rent agency. In discharging such responsibilities the city

housing rent agency shall act in conformity with the provisions of the

state emergency housing rent control law, and the rules and regulations

promulgated thereunder, governing such matters, applications or

proceedings, unless at the time such action is taken, such state law,

and the rules and regulations promulgated thereunder, have been amended

or superseded by local laws, ordinances, rules or regulations adopted

pursuant to subdivision five of this section, and in such event, in

conformity therewith to the extent such local law, ordinances, rules or

regulations are made expressly applicable to such matters, applications

or proceedings.

12. Termination of state regulation and control. On and after May

first, nineteen hundred sixty-two, the temporary state housing rent

commission and the state rent administrator shall have no jurisdiction

over the regulation and control of residential rents and evictions

within any city having a population of one million or more.

13. Pending court proceedings. All appeals or other court proceedings

relating to the regulation and control of residential rents and

evictions in a city having a population of one million or more to which

the temporary state housing rent commission or the state rent

administrator is a party and which is pending on May first, nineteen

hundred sixty-two or thereafter prosecuted shall be prosecuted or

defended by the temporary state housing rent commission and the state

rent administrator pursuant to the state emergency housing rent control

law to a final determination or other disposition by the court in

accordance with law. If the court remits any such matter to the

temporary state housing rent commission, the commission may transfer

such matter to the city housing rent agency for disposition pursuant to

subdivision eleven of this section.

14. Civil service. Upon the transfer of the functions of the temporary

state housing rent commission to the city housing rent agency pursuant

to subdivision six of this section, the officers, and employees of such

commission, other than those certified for retention by the state rent

administrator to the state department of civil service prior to April

first, nineteen hundred sixty-two, as required for the continued

operations of such commission, shall be transferred as of May first,

nineteen hundred sixty-two, to the city housing rent agency for the

continued performance of their functions. Such officers and employees

shall be transferred to similar or corresponding positions in such city

housing rent agency, without further examination or qualification, and

shall retain their respective civil service jurisdictional

classifications and status. If the city housing rent agency determines

that it will not accept for transfer all such officers and employees,

the city housing rent agency shall certify to the state department of

civil service those officers and employees whom it will not accept for

transfer and in such event, the determination of those to be transferred

shall be made by selection of the city housing rent agency from among

officers and employees holding permanent appointments in competitive

class positions in the order of their respective dates of original

appointments in the service of the state, with due regard to the right

of preference in retention of disabled and non-disabled veterans and

blind persons.

Notwithstanding the provisions of any general, special or local law,

code or charter requiring officers and employees of a city having a

population of one million or more to be residents of such city at the

time of their entry into city service or during the continuance of such

service, officers and employees of the temporary state housing rent

commission shall be transferred to and shall be retained by the city

housing rent agency pursuant to this subdivision without regard to local

residence.

Officers and employees holding permanent appointments in competitive

class positions, other than those certified by the state rent

administrator for retention in the service of the state, who are not

accepted for transfer by the city housing rent agency or who request to

be excepted from such transfer shall have their names entered on an

appropriate preferred list for reinstatement to the same or similar

positions in the service of the state.

Officers and employees transferred to the city housing rent agency

pursuant to this subdivision shall be entitled to full seniority credit

for all purposes, including the determination of their city salaries and

increments, for service in the state government rendered prior to such

transfer, as though such service had been service in the city

government. Such transferees shall retain their earned unused sick leave

and vacation credits, but not in excess of maximum accumulations

permitted under such municipal rules as may be applicable.

Officers and employees transferred pursuant to this subdivision shall

thereafter be subject to the rules and jurisdiction of the municipal

civil service commission having jurisdiction over the city housing rent

agency to which such transfer is made. The state department of civil

service shall transfer to such municipal civil service commission on May

first, nineteen hundred sixty-two, or as soon thereafter as may be

practicable, all eligible lists, records, documents and files pertaining

to the officers and employees so transferred and to their positions.

Examinations for positions in the temporary state housing rent

commission which are in process on May first, nineteen hundred

sixty-two, shall be completed by the state civil service commission and

eligible lists established. Such lists shall be included among the

eligible lists transferred to the municipal civil service commission.

Any such eligible list shall continue to be used by such municipal civil

service commission and shall be certified by it in accordance with the

provisions of its rules and regulations for filling vacancies in

appropriate positions in the city housing rent agency exercising the

functions transferred pursuant to this section; provided, however, that

such certifications from promotion eligible lists shall be limited to

eligibles transferred to such city housing rent agency pursuant to this

subdivision. Promotions in the temporary state housing rent commission

shall be made from among eligibles on appropriate lists who are not

transferred to the city housing rent agency. All other matters which

relate to the administration of the civil service law with respect to

the officers and employees transferred pursuant to this subdivision, and

with respect to their positions, and which at the time of such transfer

are pending before the state department of civil service or the state

civil service commission, shall be transferred to such municipal civil

service commission, and any action theretofore taken on such matters by

such state department or commission shall have the same force and effect

as if taken by such municipal civil service commission.

15. Intergovernmental cooperation. The temporary state housing rent

commission and the state rent administrator shall cooperate with the

city housing rent agency in effectuating the purposes of this act and

shall make available to the city housing rent agency such cooperation,

information, records and data as will assist the city housing rent

agency in effectuating such purposes.

Upon the request of the city housing rent agency, all such

information, records and data relating to the regulation and control of

residential rents and evictions within such city shall be transferred to

the city housing rent agency on May first, nineteen hundred sixty-two or

as soon thereafter as may be practicable.

Subject to the approval of the state rent administrator, the state

commissioner of general services is hereby authorized to sublease or

otherwise make available, in part or in whole, to the city housing rent

agency, upon such terms and conditions as the said commissioner may

prescribe, any premises leased to the state and occupied on or prior to

May first, nineteen hundred sixty-two by the temporary state housing

rent commission.

Notwithstanding the provisions of section one hundred seventy-eight of

the state finance law, the state commissioner of general services is

hereby authorized to sell, lease or otherwise make available to the city

housing rent agency, upon such terms and conditions as the said

commissioner may prescribe and subject to the approval of the state rent

administrator, any or all personal property used on or prior to May

first, nineteen hundred sixty-two by the temporary state housing rent

commission.

16. Saving clause. If any local law or ordinance in respect of the

regulation and control of residential rents and evictions adopted

pursuant to subdivision five of this section shall be held wholly or

partially invalid by final decree of a court of competent jurisdiction,

the city housing rent agency shall administer the provisions of the

state emergency housing rent control law to the extent of any such

invalidity.

17. Separability. If any subdivision, paragraph, sentence, clause or

provision of this section shall be held wholly or partially invalid by

final decree of a court of competent jurisdiction, to the extent that it

is not invalid, it shall be valid and no other subdivision, paragraph,

sentence, clause or provision shall on account thereof be deemed

invalid.

§ 2. Promptly after the effective date of this act, the mayor of each

city having a population of one million or more shall transmit to the

governor, in such form and detail as the governor may prescribe, his

request, if any, for an appropriation from the state treasury to defray

the reasonable and necessary expenses of such city for personal service

and for maintenance and operation in respect of the regulation and

control of residential rents within such city pursuant to this act. Any

such request shall be in sufficient detail to justify the reasonableness

and necessity of the amount requested.

If a request is received from the mayor of any such city after the

final adjournment of the regular session of the legislature in nineteen

hundred sixty-two, the state director of the budget is authorized to

transfer to such city from time to time a portion of any outstanding

appropriation made to the temporary state housing rent commission after

filing a certificate of such transfer with the state comptroller, the

chairman of the senate finance committee and the chairman of the

assembly ways and means committee. Any amount so transferred shall be

paid from the general fund to the credit of the local assistance fund on

the audit and warrant of the state comptroller on vouchers requisitioned

by the mayor of such city or by an official of such city designated by

the mayor.

§ 2-a. Notwithstanding any other provision of law, during the period

April first, nineteen hundred seventy-two to March thirty-first,

nineteen hundred seventy-three, the city housing rent agency may assess

and collect fees or charges upon landlords pursuant to local rent

control laws or regulations subject to such terms and conditions as it

may deem to be appropriate, provided, however, that such fees or charges

shall not exceed three dollars per housing accommodation in the

aggregate. In addition, no such fees or charges shall be assessed

against any owner occupied structure with eight or less housing

accommodations. To the extent that such fees and charges are

insufficient to provide the full amount required for services and

expenses necessary to the operation of the rent control program, the

amount appropriated by the legislature, or so much thereof as may be

necessary, shall be available for the payment of state aid. The officer

or officers designated by local law or regulation to assess and collect

such fees or charges and to make disbursements therefrom, shall

maintain, and provide at such times and in the manner and form as may be

prescribed by the comptroller and the director of the budget of the

state of New York, a record and accounting of all funds received and

disbursed pursuant to this authorization.

§ 5. Any adjustments in maximum rents ordered by the temporary state

housing rent commission on and after June thirtieth, nineteen hundred

sixty-one, and resulting in an increase thereof solely by reason of the

amendments made by chapter three hundred thirty-seven of the laws of

nineteen hundred sixty-one to paragraph (a) of subdivision four of

section four of the emergency housing rent control law which provided

for the application of the most recent equalization rate, rather than

the equalization rate for the year nineteen hundred fifty-four, are

hereby rescinded and nullified, provided, however, that no right is

conferred by this act to recover any such increase paid prior to the

effective date of this act.

§ 6. Notwithstanding any provision of chapter three hundred

thirty-seven of the laws of nineteen hundred sixty-one, maximum rents

established in any city having a population of one million or more

pursuant to the emergency housing rent control law, as last amended by

such chapter, shall not be increased during the period between the

effective date of this act and May first, nineteen hundred sixty-two,

except with the voluntary written consent of the tenant affected.