N.Y. Real Property Law § 213: Voluntary participation by local governments outside the city of New York

* § 213. Voluntary participation by local governments outside the city

of New York. 1. Applicability. This article shall apply in any village,

town, or a city, other than the city of New York, that, acting through

its local legislative body, adopts the provisions of this article by

local law.

2. Opt-in by a village, town, or city, other than the city of New

York. A village, town, or city that adopts the provisions of this

article by local law pursuant to subdivision one of this section may:

(a) provide that any unit on or within a housing accommodation shall

be exempt from the provisions of this article if such unit has a monthly

rent above a percent of fair market rent, as published by the United

States department of housing and urban development and as shall be

published for each county in the state by the division of housing and

community renewal pursuant to subdivision fifteen of section two hundred

fourteen of this article, that shall be established in the local law

adopted pursuant to subdivision one of this section, provided that if

such local law does not establish such percent of fair market rent, any

unit on or within a housing accommodation with a monthly rent greater

than two hundred forty-five percent of such fair market rent shall be

exempt from the provisions of this article; and/or

(b) define "small landlord" as a landlord of no more than any number

of units in the state that the village, town, or city enacts by local

law, provided that if such local law does not define "small landlord," a

"small landlord" shall mean a landlord of no more than ten units in the

state.

3. Notwithstanding the foregoing provisions of this section, if a town

and a village within such town both adopt the provisions of this article

by local law pursuant to subdivision one of this section, the local law

adopted by such town shall not apply within the territorial limits of a

village within such town.

4. Nothing in this section shall permit a village, town, or city to

which this article applies to preempt or alter the terms and provisions

of this article within such village, town or city.

5. Within thirty days of receipt of a local law adopted pursuant to

subdivision one of this section, and filed with the department of state

pursuant to section twenty-seven of the municipal home rule law, the

department of state shall notify the division of housing and community

renewal of such adoption.

6. The division of housing and community renewal shall include in the

annual publication required pursuant to subdivision seven of section two

hundred eleven of this article a list including any village, town, or

city, other than the city of New York, as to which the division of

housing and community renewal has received the notice from the

department of state required pursuant to subdivision five of this

section indicating that such village, town, or city has adopted a local

law pursuant to subdivision one of this section to apply the provisions

of this article within such village, town, or city. Such list shall

include the name of each village, town, or city that has adopted such a

local law, the applicable fair market rent threshold within such

village, town, or city for exemption from the provisions of this article

established pursuant to paragraph (a) of subdivision two of this

section, and the applicable definition of small landlord within such

village, town, or city established pursuant to paragraph (b) of

subdivision two of this section.

* NB Repealed June 15, 2034