N.Y. Real Property Law § 211: Definitions

* § 211. Definitions. 1. The term "housing accommodation", as used in

this article shall mean any residential premises, including any

residential premises located within a mixed-use residential premises.

2. The term "landlord" as used in this article shall mean any fee

owner, lessor, sublessor, assignor, court appointed receiver, or any

other person or entity receiving or entitled to receive rent for the

occupancy of any housing accommodation or an agent of any of the

foregoing.

3. (a) The term "small landlord" as used in this article shall mean a

landlord of no more than (i) ten units in the state, or (ii) such other

number of units in the state designated by local law pursuant to

paragraph (b) of subdivision two of section two hundred thirteen of this

article.

(b) If a landlord is a single natural person, then that landlord is a

small landlord if they own or are a beneficial owner of, directly or

indirectly, in whole or in part, no more than the number of units

established pursuant to paragraph (a) of this subdivision; if there is

more than one natural person owner, then no one person may own or be a

beneficial owner of, directly or indirectly, in whole or in part, more

than the number of units established pursuant to paragraph (a) of this

subdivision.

(c) If a landlord is an entity, organized under the laws of this state

or of any other jurisdiction, then that landlord is a small landlord if

each natural person with a direct or indirect ownership interest in the

entity or any affiliated entity owns no more than the number of units

established pursuant to paragraph (a) of this subdivision. If an entity

cannot provide the names of all natural persons with a direct or

indirect ownership interest in the entity, such entity shall not qualify

as a small landlord.

4. The term "tenant" as used in this article shall mean a tenant,

sub-tenant, lessee, sublessee, or any other person entitled to the

lawful possession, use or occupancy of any housing accommodation. An

individual shall not be considered a tenant for the purposes of this

article if:

(a) no landlord-tenant relationship exists, as established pursuant to

any of the grounds set forth in section seven hundred thirteen of the

real property actions and proceedings law; or

(b) the individual is an occupant, as defined in paragraph (b) of

subdivision one of section two hundred thirty-five-f of this chapter,

who has not received the landlord's express or implied consent to use

the housing accommodation as their primary residence in exchange for

payment of rent.

5. The term "rent" as used in this article shall mean any

consideration, including any bonus, benefit or gratuity demanded or

received for or in connection with the possession, use or occupancy of

housing accommodations or the execution or transfer of a lease for such

housing accommodations. The term "rent" shall not include any separate

charges for services, amenities or facilities which the tenant pays in

addition to rent, including but not limited to charges for fitness

centers, parking, storage, or facility rentals, provided that such

charges are not imposed or increased for the purposes of circumventing

this article.

6. The term "disabled person" as used in this article shall mean a

person who 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 substantially limit one

or more of such person's major life activities.

7. The term "inflation index" shall mean five percent plus the annual

percentage change in the consumer price index for all urban consumers

for all items as published by the United States bureau of labor

statistics for the region in which the housing accommodation is located,

as established for the most recent preceding calendar year as shall be

published by the division of housing and community renewal no later than

the first of August in any given year, provided further that for New

York city and any village, town, or city that adopts the provisions of

this article by local law pursuant to subdivision one of section two

hundred thirteen of this article in the counties of Dutchess, Nassau,

Orange, Putnam, Rockland, Suffolk, and Westchester, such consumer price

index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price

index, and provided further that for any other village, town, or city

that adopts the provisions of this article by local law pursuant to

subdivision one of section two hundred thirteen of this article, such

consumer price index shall be the Northeast Region consumer price index.

8. The term "local rent standard" shall mean a rent increase equal to

the inflation index or ten percent, whichever is lower.

* NB Repealed June 15, 2034