N.Y. Multiple Dwelling Law § 260: Recovery of rent for certain non-complying premises restricted during emergency period

* § 260. Recovery of rent for certain non-complying premises

restricted during emergency period. 1. Legislative finding. It is hereby

declared that in cities of this state with a population of over one

million there exists an acute shortage of dwelling accommodations

available to low-income families; that many dwellings formerly occupied

by them have been and are continuing to be vacated and demolished

because of structural inadequacy or danger, obsolescence and

dilapidation, or because owners have refused to comply with the law, or

for other reasons; that the freedom of contract has been impaired in

consequence thereof, and unjust, unreasonable and oppressive increases

in the rents of dwelling accommodations available to such families are

being and will continue to be exacted; that world war II has

necessitated an almost complete paralysis of building construction; that

the extent of construction of decent, safe and sanitary dwellings,

conforming with the minimum standards prescribed by law, has failed to

produce a sufficient number of dwellings for the accommodation of

families unable to pay higher rentals; that there has been a rapid

absorption of rentable vacancies in said dwellings and a sharp increase

in rentals; that such communities are threatened with wholesale

evictions; that an emergency exists by reason of these conditions, which

constitute a menace to the health, safety, morals, welfare and comfort

of the citizens of the state, undermine the standard of living of a

large number thereof, tend to impair and impede the enforcement of

existing statutes, cause overcrowding and congestion, foster crime,

encourage the spread of vice and disease and increase the death rate;

that adequate housing accommodations to relieve the hardships and

suffering resulting therefrom cannot be sufficiently provided, with or

without public assistance, during the period of the emergency as herein

declared; and the necessity for legislative intervention, by the

enactment of the provisions of this section and their application until

July first, nineteen hundred forty-nine, is hereby declared as a matter

of legislative determination, and the provisions of this section shall

remain in force and effect only until such date.

2. For the period during which any old-law tenement or any converted

dwelling shall fail to comply with the applicable provisions of article

six or seven, as the case may be, no rent therefor or for any part

thereof shall be recovered by the owner, nor shall any action or special

proceeding be maintainable for such rent or to recover possession of

such dwelling or part thereof for non-payment of rent, except rent at

such rate as shall not exceed the lowest rent charged therefor for any

month between September thirtieth, nineteen hundred thirty-seven, and

April first, nineteen hundred forty-three.

3. In any such action or special proceeding in which there shall be

interposed a defense that the dwelling fails to comply with the

applicable provisions of article six or seven or that the rent demanded

exceeds the lowest rent charged for any month between September

thirtieth, nineteen hundred thirty-seven, and April first, nineteen

hundred forty-three, the burden of proof shall be upon the party seeking

to recover rent or possession.

4. A certification by the department of the results of a search made

by the department shall be admissable as presumptive evidence of the

existence or non-existence of any violation of article six or seven as

in such certificate specified.

* NB Expired July 1, 1949