N.Y. Real Property Law § 214: Covered housing accommodations

* § 214. Covered housing accommodations. Where this article applies,

it shall apply to all housing accommodations except a:

1. premises owned by a small landlord provided that in connection with

any eviction proceeding in which the landlord claims an exemption from

the provisions of this article on the basis of being a small landlord,

such landlord shall provide to the tenant or tenants subject to the

proceeding the name of each natural person who owns or is a beneficial

owner of, directly or indirectly, in whole or in part, the housing

accommodation at issue in the proceeding, the number of units owned,

jointly or separately, by each such natural person owner, and the

addresses of any such units, excluding each natural person owner's

principal residence; provided further that if the landlord is an entity,

organized under the laws of this state or of any other jurisdiction,

then such landlord shall provide to the tenant or tenants subject to the

proceeding the name of each natural person with a direct or indirect

ownership interest in such entity or any affiliated entity, the number

of units owned, jointly or separately, by each such natural person

owner, and the addresses of any such units, excluding each natural

person owner's principal residence;

2. owner-occupied housing accommodation with no more then ten units;

3. unit on or within a housing accommodation where such unit is sublet

pursuant to section two hundred twenty-six-b of this chapter, or

otherwise, where the sublessor seeks in good faith to recover possession

of such housing accommodation for their own personal use and occupancy;

4. unit on or within a housing accommodation where the possession, use

or occupancy of which is solely incident to employment and such

employment is being or has been lawfully terminated;

5. unit on or within a housing accommodation where such unit is

otherwise subject to regulation of rents or evictions pursuant to local,

state or federal law, rule, or regulation;

6. unit on or within a housing accommodation where such unit must be

affordable to tenants at a specific income level pursuant to statute,

regulation, restrictive declaration, or pursuant to a regulatory

agreement with a local, state, or federal government entity;

7. unit on or within a housing accommodation owned as a condominium or

cooperative, or a unit on or within a housing accommodation subject to

an offering plan submitted to the office of the attorney general,

provided that nothing herein shall abrogate or otherwise limit any

rights or obligations a tenant residing in a unit within a condominium

or cooperative or a purchaser, owner, or offeror of a condominium or

cooperative unit has pursuant to any other state law;

8. housing accommodation for which a temporary or permanent

certificate of occupancy was issued on or after the first of January,

two thousand nine, for a period of time of thirty years following

issuance of such certificate;

9. unit on or within a housing accommodation that qualifies as a

seasonal use dwelling unit pursuant to subdivisions four and five of

section 7-108 of the general obligations law;

10. housing accommodation in a hospital as defined in subdivision one

of section twenty-eight hundred one of the public health law, continuing

care retirement community licensed pursuant to article forty-six or

forty-six-A of the public health law, assisted living residence licensed

pursuant to article forty-six-B of the public health law, adult care

facility licensed pursuant to article seven of the social services law,

senior residential community that have submitted an offering plan to the

attorney general, and not-for-profit independent retirement community

that offer personal emergency response, housekeeping, transportation and

meals to their residents;

11. manufactured home located on or in a manufactured home park as

defined in section two hundred thirty-three of the real property law;

12. hotel room or other transient use covered by the definition of a

class B multiple dwelling under subdivision nine of section four of the

multiple dwelling law, regardless of whether such use is located in a

jurisdiction in which the multiple dwelling law applies;

13. dormitory owned and operated by an institution of higher education

or a kindergarten and grades 1 to 12, inclusive, school;

14. housing accommodation within and for use by a religious facility

or institution; and

15. unit on or within a housing accommodation where the monthly rent

is greater than the percent of fair market rent established pursuant to

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

article in a local law of a village, town, or city, other than the city

of New York, adopting the provisions of this article pursuant to

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

hundred forty-five percent of the fair market rent, provided that fair

market rent shall refer to the figure published by the United States

department of housing and urban development, for the county in which the

housing accommodation is located, as shall be published by the division

of housing and community renewal no later than the first of August in

any given year. The division of housing and community renewal shall

publish the fair market rent and two hundred forty-five percent of the

fair market rent for each unit type for which such fair market rent is

published by the United States department of housing and urban

development for each county in New York state in the annual publication

required pursuant to subdivision seven of section two hundred eleven of

this article.

* NB Repealed June 15, 2034