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New York Emergency Housing Rent Control Law 274/46 337/61

Chapter 274 of the laws of 1946 and as amended generally by chapter 337
           of the laws of 1961 Emergency housing rent control law
    * Section 1. Declaration and findings; termination. 1. 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  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;
  that in order to prevent  uncertainty,  hardship  and  dislocation,  the
  provisions  of  this  act  are  declared to be necessary and designed to
  protect the public health, safety and general welfare.
    2. The provisions  of  this  act,  and  all  regulations,  orders  and
  requirements  thereunder shall remain in full force and effect until and
  including June 15, 2019.
    * NB Effective until June 16, 2019
    * § 2. Definitions. When used in this act, unless a different  meaning
  clearly  appears  from  the  context, the following terms shall mean and
  include:
    1. "Commission". Prior to July first, nineteen hundred sixty-four, the
  temporary state housing rent commission created  by  this  act.  On  and
  after  July  first, nineteen hundred sixty-four, the division of housing
  and community renewal in the executive department.
    2. "Housing accommodation." Any building or  structure,  permanent  or
  temporary,  or  any part thereof, occupied or intended to be occupied by
  one or more individuals as a residence, home, sleeping  place,  boarding
  house,  lodging  house  or  hotel,  together with the land and buildings
  appurtenant  thereto,  and  all   services,   privileges,   furnishings,
  furniture  and  facilities  supplied  in  connection with the occupation
  thereof, including (a) entire structures or  premises  as  distinguished
  from  the  individual  housing accommodations contained therein, wherein
  twenty-five or less rooms are rented or offered for rent by any  lessee,
  sublessee  or other tenant of such entire structure or premises, and (b)
  housing accommodations which were previously exempt, or not  subject  to
  control  as  a  result of conversion or a change from a non-housing to a
  housing use and which have subsequently been certified  by  a  municipal
  department  having  jurisdiction  to  be a fire hazard or in a continued
  dangerous condition or detrimental to life or health but only so long as
  such illegal or hazardous condition continues and further  certification
  with   respect   thereto  shall  not  be  required  notwithstanding  any
  inconsistent provision of this act, and any plot or parcel of land which
  had been rented prior to May first,  nineteen  hundred  fifty,  for  the
  purpose  of  permitting the tenant thereof to construct or place his own
  dwelling thereon, unless exempt or excluded from control pursuant to any
  other provision of this act, except that it shall not include structures

  in which all of the housing accommodations are exempt or not subject  to
  control under this act or any regulation issued thereunder; or
    (a)  a  hospital,  convent,  monastery, asylum, public institution, or
  college or school dormitory or any institution operated exclusively  for
  charitable or educational purposes on a non-profit basis; or
    (b)   notwithstanding   any   previous   order,  finding,  opinion  or
  determination  of  the  commission,  housing   accommodations   in   any
  establishment  which  on  March  first,  nineteen hundred fifty, was and
  still is commonly regarded as a hotel in the community in  which  it  is
  located  and  which  customarily  provides  hotel  services such as maid
  service, furnishing and laundering of linen, telephone  and  secretarial
  or  desk  service,  use and upkeep of furniture and fixtures and bellboy
  service, provided, however, that the term hotel shall  not  include  any
  establishment  which  is commonly regarded in the community as a rooming
  house,  nor  shall  it  include  any  establishment  not  identified  or
  classified  as  a  "hotel",  "transient  hotel"  or  "residential hotel"
  pursuant to the federal act,  irrespective  whether  such  establishment
  provides  either  some  services  customarily  provided by hotels, or is
  represented to be a hotel, or both; and provided  further  that  housing
  accommodations  in hotels only within the cities of Buffalo and New York
  which have been and still are occupied by a tenant who  has  resided  in
  such   hotel   continuously  since  December  second,  nineteen  hundred
  forty-nine, so long as such tenant occupies the same, shall continue  to
  remain subject to control under this act; or
    (c)  any  motor  court,  or  any part thereof; any trailer, or trailer
  space used exclusively for transient occupancy or any part  thereof;  or
  any  tourist  home  serving  transient  guests  exclusively, or any part
  thereof; or
    (d) nonhousekeeping, furnished housing accommodations, located  within
  a single dwelling unit not used as a rooming or boarding house, but only
  if  (1) no more than two tenants for whom rent is paid (husband and wife
  being considered one tenant  for  this  purpose),  not  members  of  the
  landlord's  immediate  family  live  in  such dwelling unit, and (2) the
  remaining portion of such dwelling unit is occupied by the  landlord  or
  his immediate family; or
    (e) housing accommodations operated by the United States, the state of
  New  York,  or any political subdivision thereof, or by any municipal or
  public authority, only so long as  they  are  so  operated;  or  housing
  accommodations  in buildings in which rentals are fixed by or subject to
  the supervision of the commissioner of  housing  and  community  renewal
  pursuant  to  powers granted under laws other than the emergency housing
  rent control law;
    (f) housing  accommodations  in  buildings  operated  exclusively  for
  charitable purposes on a non-profit basis; or
    (g)  housing  accommodations which were completed on or after February
  first, nineteen hundred forty-seven,  provided,  however,  that  maximum
  rents  established under the veterans emergency housing act for priority
  constructed housing accommodations completed on or after February first,
  nineteen hundred forty-seven, shall continue in full force  and  effect,
  if  such  accommodations are being rented to veterans of world war II or
  their immediate families,  who,  on  June  thirtieth,  nineteen  hundred
  forty-seven,  either occupied such housing accommodations or had a right
  to occupy such housing accommodations at  any  time  on  or  after  July
  first, nineteen hundred forty-seven, under any agreement whether written
  or  oral;  or  which  are (1) housing accommodations created by a change
  from a non-housing to a housing use on or after February first, nineteen
  hundred forty-seven, or which are (2) additional housing accommodations,
  other than rooming house accommodations, created  by  conversion  on  or

  after  February  first, nineteen hundred forty-seven; provided, however,
  that any housing accommodations created as a result of any conversion of
  housing accommodations on or after May first,  nineteen  hundred  fifty,
  shall  continue  to  be  subject  to rent control as provided for herein
  unless the commission issues an order decontrolling them which it  shall
  do   if  there  has  been  a  structural  change  involving  substantial
  alterations or remodeling and such change  has  resulted  in  additional
  housing  accommodations  consisting  of  self-contained  family units as
  defined by regulations  issued  by  the  commission;  provided  further,
  however, that such order of decontrol shall not apply to that portion of
  the original housing accommodation occupied by a tenant in possession at
  the  time of the conversion but only so long as that tenant continues in
  occupancy; and provided further, that no such order of  decontrol  shall
  be issued unless such conversion occurred after the entire structure, or
  any  lesser portion thereof as may have been thus converted, was vacated
  by voluntary surrender of  possession  or  in  the  manner  provided  in
  section five of this act; or
    (h)  housing  accommodations  which  are  rented  after  April  first,
  nineteen hundred fifty-three, and have been continuously occupied by the
  owner thereof for a period one  year  prior  to  the  date  of  renting;
  provided,  however,  that this paragraph shall not apply where the owner
  acquired possession of the housing accommodation after the issuance of a
  certificate of eviction under subdivision two of section  five  of  this
  act  within  the  two year period immediately preceding the date of such
  renting,  and  provided  further,  that  this  exemption  shall   remain
  effective  only  so  long as the housing accommodations are not occupied
  for other than single family occupancy; or
    (i) housing accommodations which become vacant provided, however, that
  this exemption shall not apply or become effective where the  commission
  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;  and
  further  provided  that  housing  accommodations  as  to which a housing
  emergency has been declared pursuant to the emergency tenant  protection
  act  of nineteen seventy-four shall be subject to the provisions of such
  act for the duration of such emergency; or
    (j) housing accommodations (not  otherwise  exempt  or  excluded  from
  control)  in two family houses occupied in whole or in part by the owner
  thereof, and in one family houses whether or not  so  occupied,  on  and
  after  July  first,  nineteen  hundred  fifty-five,  in  the counties of
  Monroe, Nassau, Oneida, Onondaga and Schenectady, and, on and after July
  first, nineteen hundred fifty-seven, any housing accommodations  in  the
  county  of  Onondaga  containing  four  rental  units or less, provided,
  however, that this exemption with respect to one and two  family  houses
  shall  remain  effective  only so long as the housing accommodations are
  not occupied for  other  than  single  family  occupancy,  and  provided
  further,  however,  that this exemption shall become or remain effective
  in any city or town within the counties of Monroe, Oneida or Schenectady
  subject to the provisions of subdivision four of section  twelve  hereof
  providing  for  the  continuance  or  reestablishment  of  controls with
  respect to such housing accommodations therein; or
    (k) housing accommodations (not  otherwise  exempt  or  excluded  from
  control)  elsewhere  than  in  the  city  of  New  York,  except housing
  accommodations used as boarding houses or rooming houses in  the  county

  of  Westchester,  which  are  or  become  vacant on or after July first,
  nineteen hundred fifty-seven, provided,  however,  that  this  exemption
  shall not apply or become effective in any case where the vacancy in the
  housing  accommodations occurred or occurs because of the removal of the
  tenant to another housing accommodation in the same building, or because
  of the eviction of the tenant after the issuance of a final order  in  a
  summary  proceeding  to recover possession of the housing accommodation,
  whether after a trial of the issues or upon the consent  or  default  of
  the  tenant or otherwise without a trial, and provided, further, however
  that this exemption shall become effective in any city or  town  subject
  to the provisions of subdivision five of section twelve hereof providing
  for   the   continuance   of   control  with  respect  to  such  housing
  accommodations, and provided further, that this exemption  shall  remain
  effective  only  so  long as the housing accommodations are not occupied
  for other than single family occupancy.
    (l) housing accommodations which are not occupied  by  the  tenant  in
  possession  as  his or her primary residence provided, however, that any
  such housing accommodation shall continue to be subject to rent  control
  as  provided  herein unless the commission issues an order decontrolling
  such accommodation which the commission shall do upon application by the
  landlord, whenever it is established  by  any  facts  and  circumstances
  which,  in  the  judgment of the commission, 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.
    (m) upon the issuance of an order of  deregulation  by  the  division,
  housing  accommodations  which:  (1)  are occupied by persons who have a
  total annual income, as defined in and subject to  the  limitations  and
  process  set  forth  in  section  two-a  of  this  law, in excess of the
  deregulation income threshold as defined in section two-a of this law in
  each of the two preceding calendar years; and (2) have  a  maximum  rent
  that  equals  or  exceeds  the deregulation rent threshold as defined in
  section two-a of this law.
    (n) any housing accommodation with a  maximum  rent  of  two  thousand
  dollars or more per month at any time between the effective date of this
  paragraph  and  October first, nineteen hundred ninety-three which is or
  becomes vacant on or after the effective date of this paragraph; or, for
  any housing accommodation with a maximum rent of two thousand dollars or
  more per month at any time on or after the effective date  of  the  rent
  regulation  reform act of 1997 and before the effective date of the rent
  act of 2011, which is or becomes vacant on or after the  effective  date
  of  the rent regulation reform act of 1997 and before the effective date
  of the rent act of  2011.  This  exclusion  shall  apply  regardless  of
  whether  the  next  tenant  in  occupancy  or  any  subsequent tenant in
  occupancy is charged or pays less than two thousand dollars a month; or,
  for any housing accommodation with a maximum rent of two  thousand  five
  hundred  dollars or more per month at any time on or after the effective
  date of the rent act of 2011, which is or becomes  vacant  on  or  after
  such  effective date, but prior to the effective date of the rent act of
  2015; or, any housing accommodation with a legal regulated rent that was
  two thousand seven hundred dollars or more per month at any time  on  or
  after  the  effective date of the rent act of 2015, which becomes vacant
  after the effective date of the rent act  of  2015,  provided,  however,
  that  starting  on January 1, 2016, and annually thereafter, the maximum

  legal regulated rent for this  deregulation  threshold,  shall  also  be
  increased  by  the  same  percentage as the most recent one year renewal
  adjustment, adopted  by  the  applicable  rent  guidelines  board.  This
  exclusion shall apply regardless of whether the next tenant in occupancy
  or  any  subsequent tenant in occupancy actually is charged or pays less
  than two thousand seven hundred dollars, as adjusted by  the  applicable
  rent  guidelines  board,  per  month.  An  exclusion  pursuant  to  this
  paragraph shall not apply, however, to or become effective with  respect
  to  housing  accommodations  which  the commissioner determines or finds
  that the landlord or any person acting on his or her behalf, with intent
  to cause the tenant to vacate, has engaged  in  any  course  of  conduct
  (including,  but  not  limited  to,  interruption  or  discontinuance of
  required 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 or her use or occupancy of the housing accommodations and
  in connection with such course of conduct, any other general enforcement
  provision of this law shall also apply.
    2-a. The landlord of a housing accommodation  specified  in  paragraph
  (h) or (i) or (j) or (k) of subdivision two of this section shall file a
  report  with  the  commission  within  thirty days following the date of
  first rental of such accommodation after  decontrol.  No  copy  of  such
  report  shall  be  required  to  be  served  upon the new tenant of such
  housing accommodation.
    3. "Rent." Consideration, including any  bonus,  benefit  or  gratuity
  demanded  or  received for or in connection with the use or occupancy of
  housing accommodations or the  transfer  of  a  lease  of  such  housing
  accommodations.
    4.  "Maximum  rent."  The  maximum  lawful rent for the use of housing
  accommodations. Maximum rents may be formulated in terms  of  rents  and
  other charges and allowances.
    5.  "Person." An individual, corporation, partnership, association, or
  any other organized group of  individuals  or  the  legal  successor  or
  representative of any of the foregoing.
    6.  "Landlord." An owner, lessor, sublessor, assignee, or other person
  receiving or entitled to receive rent for the use or  occupancy  of  any
  housing accommodation or an agent of any of the foregoing.
    7.  "Tenant."  A tenant, subtenant, lessee, sublessee, or other person
  entitled to the possession or to the use or  occupancy  of  any  housing
  accommodation.
    8.  "Documents."  Records,  books, accounts, correspondence, memoranda
  and other documents, and drafts and copies of any of the foregoing.
    9. "Municipality." A city, town or village.
    10. "Local governing body."
    a. In the case of a city, the council, common council or board of
    aldermen  and  the  board  of  estimate,   board   of   estimate   and
  apportionment or board of estimate and contract, if there be one.
    b. In the case of a town, the town board.
    c. In the case of a village, the board of trustees.
    11.  "Local laws." The local laws specified in chapter one of the laws
  of  nineteen  hundred  fifty,  namely  local  laws  numbers  twenty-one,
  twenty-three,  twenty-four,  twenty-five  and seventy-three of the local
  laws of the city of New York for the year nineteen  hundred  forty-nine;
  and  local law number three of the city of Buffalo for the year nineteen
  hundred forty-seven.
    12. "Federal act." The emergency price control act of nineteen hundred
  forty-two, and as thereafter amended and as superseded  by  the  housing
  and  rent  act  of  nineteen  hundred forty-seven, and as the latter was

  thereafter amended prior to  May  first,  nineteen  hundred  fifty,  and
  regulations adopted pursuant thereto.
    * NB Effective until June 16, 2019
    * § 2-a. (a) 1. For purposes of this section, annual income shall mean
  the  federal  adjusted  gross  income  as reported on the New York state
  income tax return. Total annual income  means  the  sum  of  the  annual
  incomes  of  all  persons  who occupy the housing accommodation as their
  primary residence on other than a temporary basis, excluding  bona  fide
  employees  of  such  occupants  residing therein in connection with such
  employment and excluding bona fide subtenants in occupancy  pursuant  to
  the  provisions of section two hundred twenty-six-b of the real property
  law. In the case where a housing accommodation  is  sublet,  the  annual
  income of the sublessor shall be considered.
    2.  Deregulation  income  threshold means total annual income equal to
  one hundred seventy-five thousand dollars in each of the  two  preceding
  calendar years for proceedings commenced before July first, two thousand
  eleven.  For  proceedings commenced on or after July first, two thousand
  eleven, the deregulation income threshold means the total annual  income
  equal  to  two  hundred  thousand  dollars  in each of the two preceding
  calendar years.
    3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
  proceedings  commenced  prior  to  July  first, two thousand eleven. For
  proceedings commenced on or after July first, two thousand  eleven,  the
  deregulation rent threshold means two thousand five hundred dollars. For
  proceedings  commenced on or after July first, two thousand fifteen, the
  deregulation rent threshold means two thousand  seven  hundred  dollars,
  provided, however, that on January 1, 2016, and annually thereafter, the
  maximum  legal  regulated  rent for this deregulation threshold shall be
  adjusted by the same percentage as the  most  recent  one  year  renewal
  adjustment adopted by the rent guidelines board.
    (b) On or before the first day of May in each calendar year, the owner
  of  each housing accommodation for which the maximum monthly rent equals
  or exceeds the deregulation rent threshold may  provide  the  tenant  or
  tenants  residing  therein with an income certification form prepared by
  the division of housing and community renewal on which  such  tenant  or
  tenants  shall  identify  all  persons referred to in subdivision (a) of
  this section and shall certify whether the total  annual  income  is  in
  excess of the deregulation income threshold in each of the two preceding
  calendar  years.  Such  income  certification  form shall state that the
  income level certified to by the tenant may be subject  to  verification
  by  the  department  of  taxation  and  finance  pursuant to section one
  hundred seventy-one-b of the tax law and shall not require disclosure of
  any income information other than whether the  aforementioned  threshold
  has  been  exceeded.  Such income certification form shall clearly state
  that: (i) only tenants residing in housing accommodations  which  had  a
  maximum  monthly  rent  equal  to  or in excess of the deregulation rent
  threshold are required to complete the  certification  form;  (ii)  that
  tenants have protections available to them which are designed to prevent
  harassment;   (iii)  that  tenants  are  not  required  to  provide  any
  information regarding their income except that which is requested on the
  form  and  may  contain  such  other  information  the  division   deems
  appropriate.   The   tenant   or  tenants  shall  return  the  completed
  certification to the owner within thirty days  after  service  upon  the
  tenant  or  tenants.  In  the  event  that  the  total  annual income as
  certified is in excess of the deregulation income threshold in  each  of
  the  two  preceding calendar years, the owner may file the certification
  with the state division of housing and community renewal  on  or  before
  June  thirtieth  of  such  year. Upon filing such certification with the

  division, the division shall, within thirty days after the filing, issue
  an order of deregulation  providing  that  such  housing  accommodations
  shall  not  be subject to the provisions of this law as of the first day
  of  June  in the year next succeeding the filing of the certification by
  the owner. A copy of such order shall be mailed by regular and certified
  mail, return receipt requested, to the tenant  or  tenants  and  a  copy
  thereof shall be mailed to the owner.
    (c)  1.  In the event that the tenant or tenants either fail to return
  the completed certification to the owner on or before the date  required
  by   subdivision   (b)  of  this  section  or  the  owner  disputes  the
  certification returned by the tenant or tenants, the owner  may,  on  or
  before  June  thirtieth  of  such  year,  petition the state division of
  housing and community renewal to verify, pursuant to section one hundred
  seventy-one-b of the tax law, whether the total  annual  income  exceeds
  the  deregulation income threshold in each of the two preceding calendar
  years. Within twenty days after the filing  of  such  request  with  the
  division,  the  division  shall  notify  the tenant or tenants that such
  tenant or tenants must provide the division with such information as the
  division and the department of taxation and  finance  shall  require  to
  verify  whether  the total annual income exceeds the deregulation income
  threshold in each of the two preceding calendar  years.  The  division's
  notification  shall  require  the  tenant  or  tenants  to  provide  the
  information to the division within  sixty  days  of  service  upon  such
  tenant  or  tenants  and shall include a warning in bold faced type that
  failure to respond will result in an order of deregulation being  issued
  by the division for such housing accommodation.
    2. If the department of taxation and finance determines that the total
  annual  income is in excess of the deregulation income threshold in each
  of the two preceding calendar years, the division shall,  on  or  before
  November  fifteenth  of  such  year, notify the owner and tenants of the
  results of such verification. Both the owner and the tenants shall  have
  thirty days within which to comment on such verification results. Within
  forty-five days after the expiration of the comment period, the division
  shall,  where appropriate, issue an order of deregulation providing that
  such housing accommodation shall not be subject  to  the  provisions  of
  this  law  as  of the first day of March in the year next succeeding the
  filing of the owner's petition with the division. A copy of  such  order
  shall be mailed by regular and certified mail, return receipt requested,
  to the tenant or tenants and a copy thereof shall be sent to the owner.
    3.  In the event the tenant or tenants fail to provide the information
  required pursuant to paragraph one of  this  subdivision,  the  division
  shall  issue,  on  or  before  December  first of such year, an order of
  deregulation providing that such  housing  accommodation  shall  not  be
  subject  to  the  provisions of this law as of the first day of March in
  the year next succeeding the last day on which  the  tenant  or  tenants
  were  required  to provide the information required by such paragraph. A
  copy of such order shall be mailed by regular and certified mail, return
  receipt requested, to the tenant or tenants and a copy thereof shall  be
  sent to the owner.
    4.  The  provisions  of the state freedom of information act shall not
  apply to any income information obtained by  the  division  pursuant  to
  this section.
    (d)  This section shall apply only to paragraph (m) of subdivision two
  of section two of this law.
    (e) Upon receipt of  such  order  of  deregulation  pursuant  to  this
  section,  an owner shall offer the housing accommodation subject to such
  order to the tenant at a rent not in excess of the  market  rent,  which
  for  the  purposes  of  this section means a rent obtainable in an arm's

  length transaction. Such rental offer shall be  made  by  the  owner  in
  writing to the tenant by certified and regular mail and shall inform the
  tenant  that  such  offer must be accepted in writing within ten days of
  receipt.  The tenant shall respond within ten days after receipt of such
  offer.  If the tenant declines the offer or fails to respond within such
  period, the owner may commence an action or proceeding for the  eviction
  of such tenant.
    * NB Effective until June 16, 2019
    * § 3.  Temporary  state  housing  rent commission. 1. There is hereby
  created a temporary state commission, to be known as the temporary state
  housing  rent  commission.  Such  commission  shall   consist   of   one
  commissioner,  to be known as the state rent administrator, who shall be
  appointed by the governor, by and with the advice  and  consent  of  the
  senate,  and  who  shall  serve  during the pleasure of the governor. He
  shall receive an annual salary to  be  provided  by  law.  He  shall  be
  entitled to his expenses actually and necessarily incurred by him in the
  performance of his duties.
    2. The commission shall establish and maintain such offices within the
  state  as  the commission may deem necessary, and shall designate one of
  them as its principal office. The commission may appoint such  officers,
  counsel,  employees and agents as the commission may deem necessary, fix
  their compensation within the limitations provided by law, and prescribe
  their duties. All employees of the  commission  shall  be  appointed  in
  accordance with the provisions of the civil service law and rules.
    3.  Any  officer  or employee under federal or municipal civil service
  selected by the commission may, with  the  consent  of  the  appropriate
  governmental  agency by which he is or has been employed, be transferred
  without further examination  or  qualification  to  comparable  offices,
  positions  and  employment  under  the  commission.  Any such officer or
  employee who has been appointed to an office or position under the rules
  and  classifications  of  the  state  or  any  municipal  civil  service
  commission,   shall  retain,  upon  such  transfer,  the  civil  service
  classification and status which he had prior to such transfer. Any  such
  officer  or  employee  who  at  the  time of transfer has a temporary or
  provisional appointment shall be  subject  to  removal,  examination  or
  termination  as  though  such transfer had not been made. The commission
  may, by agreement with the appropriate federal agency  and  state  civil
  service  commission,  make  similar provision for any federal officer or
  employee so transferred. Notwithstanding the  provisions  of  any  other
  law,  any  such  officer  or  employee  so  transferred, pursuant to the
  provisions of this section, who is a member  or  beneficiary  under  any
  existing  municipal pension or retirement system, shall continue to have
  all rights, privileges, obligations and  status  with  respect  to  such
  fund,  system  or  systems  as are now prescribed by law, but during the
  period of his employment by the commission,  all  contributions  to  any
  pension  or  retirement  fund  or  system  to be paid by the employer on
  account of such officer or employee, shall be paid  by  the  commission.
  The  commission  may  by  agreement with the appropriate federal agency,
  make similar provisions relating to retirement for any  federal  officer
  or employee so transferred.
    * NB Effective until June 16, 2019
    * § 4.  General  powers  and  duties of the commission. 1. At the time
  this act shall become effective, the commission shall establish  maximum
  rents which shall be
    (a)  for  housing  accommodations  outside  the  city of New York, the
  maximum rent which was established  on  March  first,  nineteen  hundred
  fifty,  pursuant  to  the federal act, and shall not include adjustments
  granted by  orders  issued  under  the  federal  act  after  that  date,

  regardless of whether they were made effective as of, or retroactive to,
  that date or a date prior thereto; and
    (b)  for  housing  accommodations  within  the  city  of New York, the
  maximum rent which was established  on  March  first,  nineteen  hundred
  fifty,  pursuant  to  the federal act, and shall not include either, (1)
  adjustments granted by orders issued under the federal  act  after  that
  date,  regardless  of  whether  they  were  made  effective  as  of,  or
  retroactive to, that date or a date prior thereto,  or  (2)  adjustments
  granted by orders increasing the maximum rent, issued after March first,
  nineteen  hundred  forty-nine,  under  the  federal  act,  regardless of
  whether the order of increase was made effective as of,  or  retroactive
  to,  March  first, nineteen hundred forty-nine, or a date prior thereto,
  but  shall  include  adjustments  for  new  or  additional  services  or
  facilities  provided  by  the  landlord while the housing accommodations
  were not rented or where tenant-occupied, to which the  tenant  then  in
  possession had agreed, either expressly or impliedly; and
    (c)  for  housing  accommodations  within  the  cities of New York and
  Buffalo which on March first, nineteen hundred  fifty,  had  no  maximum
  rent  established pursuant to the federal act, but which were subject to
  a maximum rent established pursuant to the local laws of the  cities  of
  New  York  and  Buffalo, the maximum rent which was established on March
  first, nineteen hundred fifty, pursuant to such local laws.
    2. Whenever the commission determines that such action is necessary to
  effectuate the purposes of this act, it may also establish maximum rents
  for  housing  accommodations,  as  that  term  is  defined  herein,   in
  municipalities  in  which  no maximum rent was in effect on March first,
  nineteen hundred fifty. Any housing accommodation for  which  a  maximum
  rent  is  so established shall be deemed a housing accommodation for all
  the purposes, and subject to all the provisions of this act.
    2-a. For housing accommodations created by a change from a non-housing
  to a housing use or by conversion on or after February  first,  nineteen
  hundred   forty-seven,   including  those  decontrolled  by  order,  and
  certified by a municipal department having jurisdiction  to  be  a  fire
  hazard  or  in a continued dangerous condition or detrimental to life or
  health, the maximum rent shall be the rent  charged  on  January  first,
  nineteen  hundred fifty-seven, or the date of first rental, whichever is
  later. Any housing  accommodations  for  which  a  maximum  rent  is  so
  established  shall  be  deemed  a  housing  accommodation  for  all  the
  purposes, and subject to all the provisions of this  act,  but  only  so
  long  as  such  illegal  or  hazardous  condition  continues and further
  certification with respect thereto shall not be required notwithstanding
  any inconsistent provision of this act.
    2-b. Provision shall be made pursuant to regulations prescribed by the
  commission for the establishment, adjustment and modification of maximum
  rents  in  rooming   houses,   which   shall   include   those   housing
  accommodations   subject  to  control  pursuant  to  the  provisions  of
  paragraph (b) of subdivision two of section  two  of  this  act,  having
  regard for any factors bearing on the equities involved, consistent with
  the   purposes   of  this  act  to  correct  speculative,  abnormal  and
  unwarranted increases in rent.
    3. Whenever the foregoing standard is not susceptible  of  application
  to  a  housing accommodation to which this act applies, and for which no
  maximum rent was established on March first, nineteen hundred fifty,  or
  where  no  registration statement had been filed as had been required by
  the federal act,  the  maximum  rent  thereof  shall  be  fixed  by  the
  commission,  having  regard  to the maximum rents for comparable housing
  accommodations or any other factors bearing on  the  equities  involved,
  consistent with the purposes of this act.

    3-a.  Notwithstanding the foregoing provisions of this section, on and
  after May first, nineteen hundred fifty-three, the maximum rent for  any
  housing accommodations shall not be less than the maximum rent in effect
  on  March  first,  nineteen hundred forty-three (or if there was no such
  maximum rent then in effect, the maximum rent first established pursuant
  to  the  federal  act prior to July first, nineteen hundred forty-seven)
  plus fifteen per centum thereof as such sum is adjusted to reflect:
    (1) the amount of any decreases in  maximum  rent  required  by  order
  because of decreases in dwelling space, services, furniture, furnishings
  or  equipment,  or  substantial  deterioration  or  failure  to properly
  maintain such housing, and
    (2) the amount of  increases  in  maximum  rent  authorized  by  order
  because of increases in dwelling space, services, furniture, furnishings
  or equipment, or major capital improvements.
    Nothing  contained in this subdivision, however, shall have the effect
  of increasing the maximum rent of any housing  accommodation  more  than
  fifteen  per centum above the maximum rent in effect on April thirtieth,
  nineteen hundred fifty-three.
    4. (a) The commission may from time to time adopt,  promulgate,  amend
  or  rescind  such rules, regulations and orders as it may deem necessary
  or proper to effectuate the purposes of this  act,  including  practices
  relating  to  recovery of possession; provided that such regulations can
  be put into effect without general uncertainty, dislocation and hardship
  inconsistent with the purposes of this act; and  provided  further  that
  such regulations shall be designed to maintain a system of rent controls
  at  levels  which, in the judgment of the commission, are generally fair
  and equitable and which will provide for an orderly transition from  and
  termination   of   emergency   controls   without   undue  dislocations,
  inflationary price rises or disruption. Provision shall be made pursuant
  to regulations prescribed by the commission, for  individual  adjustment
  of  maximum  rents  where the rental income from a property yields a net
  annual return of  less  than  seven  and  one-half  per  centum  of  the
  valuation  of the property. Such valuation shall be the current assessed
  valuation established by a city, town or village, which is in effect  at
  the  time  of the filing of the application for an adjustment under this
  subparagraph properly adjusted by applying thereto the ratio which  such
  assessed  valuation  bears  to  the  full valuation as determined by the
  state board of equalization and assessment on the  basis  of  assessment
  rolls  of  cities,  towns  and  villages  for  the year nineteen hundred
  fifty-four and certified for such year by such board pursuant to section
  forty-nine-d of the tax law; provided, however, that where at  the  time
  of   the  filing  of  the  application  for  an  adjustment  under  this
  subparagraph such board has computations  for  such  year  indicating  a
  different  ratio  for subclasses of residential property in a city, town
  or  village,  the  commission  shall  give  due  consideration  to  such
  different  ratio  except  ratios  in  excess  of  one  hundred  percent,
  provided,  further,  that  where  such  board  has  not  determined  and
  certified  any  ratio  pursuant  to such section of such law for a city,
  town or village for such year, the  commission  shall  apply  the  ratio
  determined or certified by such board pursuant to section twelve hundred
  twelve  of  the  real  property tax law for the most recent year; except
  where there has been a bona fide sale of the property within the  period
  between  March  fifteenth, nineteen hundred fifty-seven, and the time of
  the filing of the application, as the result of a transaction  at  arms'
  length,  on  normal financing terms at a readily ascertainable price and
  unaffected by special circumstances such as a forced sale,  exchange  of
  property,  package  deal,  wash  sale  or sale to cooperative; provided,
  however, that where there has been more than one  such  bona  fide  sale

  within  a  period  of  two years prior to the date of the filing of such
  application the commission shall disregard the most recent of such sales
  if a prior sale within such two-year period was adopted as the valuation
  of  the property in a proceeding under this subparagraph. In determining
  whether a sale was on normal financing terms, the commission shall  give
  due consideration to the following factors:
    (i)  The  ratio  of the cash payment received by the seller to (a) the
  sales price of the property and (b) the annual  gross  income  from  the
  property;
    (ii)  The  total  amount  of the outstanding mortgages which are liens
  against the property (including purchase money  mortgages)  as  compared
  with the equalized assessed valuation of the property;
    (iii)  The  ratio of the sales price to the annual gross income of the
  property,  with  consideration  given  to  the  total  amount  of   rent
  adjustments previously granted, exclusive of rent adjustments because of
  changes   in   dwelling   space,  services,  furniture,  furnishings  or
  equipment, major capital improvements, or substantial rehabilitation;
    (iv)  The  presence  of  deferred  amortization  in   purchase   money
  mortgages, or the assignment of such mortgages at a discount;
    (v)  Any other facts and circumstances surrounding such sale which, in
  the judgment of the commission, may have a bearing upon the question  of
  financing.
    No application for adjustment of maximum rent based upon a sales price
  valuation  shall  be filed by the landlord under this subparagraph prior
  to six months from the date of such sale of the property.  In  addition,
  no  adjustment  ordered  by  the  commission based upon such sales price
  valuation shall be effective prior to one year from  the  date  of  such
  sale.  Where,  however,  the assessed valuation of the land exceeds four
  times the assessed valuation of the buildings  thereon,  the  commission
  may  determine  a  valuation  of  the  property  equal to five times the
  equalized assessed valuation of the buildings, for the purposes of  this
  subparagraph. The commission may make a determination that the valuation
  of  the  property  is  an  amount different from such equalized assessed
  valuation where there is a request for  a  reduction  in  such  assessed
  valuation  currently pending; or where there has been a reduction in the
  assessed valuation for the year next preceding the effective date of the
  current assessed valuation in effect at the time of the  filing  of  the
  application.  Net  annual return shall be the amount by which the earned
  income  exceeds  the  operating  expenses  of  the  property,  excluding
  mortgage   interest  and  amortization,  and  excluding  allowances  for
  obsolescence and reserves, but including an allowance  for  depreciation
  of  two  per centum of the value of the buildings exclusive of the land,
  or the amount shown for depreciation of  the  buildings  in  the  latest
  required  federal  income  tax  return,  whichever  is  lower; provided,
  however, that (1) no allowance for depreciation of the  buildings  shall
  be  included where the buildings have been fully depreciated for federal
  income tax purposes or on the books of the owner; or  (2)  the  landlord
  who  owns  no  more than four rental units within the state has not been
  fully compensated by increases in rental  income  sufficient  to  offset
  unavoidable  increases in property taxes, fuel, utilities, insurance and
  repairs and maintenance, excluding mortgage interest  and  amortization,
  and  excluding  allowances  for depreciation, obsolescence and reserves,
  which have occurred since the federal date determining the maximum  rent
  or the date the property was acquired by the present owner, whichever is
  later;  or  (3) the landlord operates a hotel or rooming house or owns a
  cooperative apartment and has not been fully compensated by increases in
  rental income from the controlled housing accommodations  sufficient  to
  offset  unavoidable  increases  in property taxes and other costs as are

  allocable to such controlled housing accommodations, including costs  of
  operation  of  such  hotel  or  rooming  house,  but  excluding mortgage
  interest and amortization, and excluding  allowances  for  depreciation,
  obsolescence  and  reserves,  which have occurred since the federal date
  determining the maximum rent or the  date  the  landlord  commenced  the
  operation  of  the property, whichever is later; or (4) the landlord and
  tenant voluntarily enter into a valid written lease in good  faith  with
  respect  to  any  housing  accommodation,  which  lease  provides for an
  increase in the maximum rent not in excess of fifteen per centum and for
  a term of not less than two years, except that where such lease provides
  for an increase in excess of fifteen per centum, the increase  shall  be
  automatically  reduced  to  fifteen  per centum; or (5) the landlord and
  tenant by mutual voluntary written  agreement  agree  to  a  substantial
  increase  or  decrease  in  dwelling  space or a change in the services,
  furniture,  furnishings   or   equipment   provided   in   the   housing
  accommodations;  provided  that  an  owner  shall  be entitled to a rent
  increase where there has been a substantial modification or increase  of
  dwelling  space  or  an increase in the services, or installation of new
  equipment or improvements or new furniture or furnishings provided in or
  to a tenant's housing  accommodation.  The  permanent  increase  in  the
  maximum   rent   for   the   affected  housing  accommodation  shall  be
  one-fortieth, in the case  of  a  building  with  thirty-five  or  fewer
  housing  accommodations, or one-sixtieth, in the case of a building with
  more  than  thirty-five  housing  accommodations  where  such  permanent
  increase  takes effect on or after September twenty-fourth, two thousand
  eleven, of the total cost incurred by the  landlord  in  providing  such
  modification   or  increase  in  dwelling  space,  services,  furniture,
  furnishings or  equipment,  including  the  cost  of  installation,  but
  excluding finance charges provided further that an owner who is entitled
  to  a  rent  increase pursuant to this clause shall not be entitled to a
  further rent increase based upon the installation of similar  equipment,
  or  new  furniture  or  furnishings  within  the useful life of such new
  equipment, or new furniture or furnishings. The owner shall give written
  notice to the commission of any such adjustment pursuant to this clause;
  or (6) there has been, since March first,  nineteen  hundred  fifty,  an
  increase  in  the rental value of the housing accommodations as a result
  of a substantial rehabilitation of the building or housing accommodation
  therein  which  materially  adds  to  the  value  of  the  property   or
  appreciably  prolongs  its life, excluding ordinary repairs, maintenance
  and replacements; or (7) there has  been  since  March  first,  nineteen
  hundred  fifty,  a major capital improvement required for the operation,
  preservation or maintenance of the structure; which for any order of the
  commissioner issued after the effective date of the rent act of 2015 the
  cost of such improvement shall be amortized over  an  eight-year  period
  for  buildings with thirty-five or fewer units or a nine year period for
  buildings with more than thiry-five units, or (8) there has  been  since
  March  first, nineteen hundred fifty, in structures containing more than
  four housing accommodations, other improvements made  with  the  express
  consent  of the tenants in occupancy of at least seventy-five per centum
  of the housing accommodations, provided,  however,  that  no  adjustment
  granted  hereunder  shall  exceed  fifteen per centum unless the tenants
  have agreed to a higher percentage of increase, as herein  provided;  or
  (9)  there  has  been,  since  March  first,  nineteen  hundred fifty, a
  subletting without written consent from the landlord or an  increase  in
  the  number  of  adult  occupants  who  are not members of the immediate
  family of the tenant, and the landlord has not been compensated therefor
  by adjustment of the maximum rent by lease or order of the commission or
  pursuant to the federal act; or (10) the presence of unique or  peculiar

  circumstances  materially  affecting  the maximum rent has resulted in a
  maximum rent which is  substantially  lower  than  the  rents  generally
  prevailing   in   the   same  area  for  substantially  similar  housing
  accommodations.
    In  addition  to  the  filing  of written statements setting forth the
  final rate of equalization concerning assessment rolls of cities,  towns
  and  villages,  after  determination  thereof  by  the  state  board  of
  equalization and assessment,  with  the  appropriate  officials  as  now
  required  by  law,  such  board  shall  also  file  a  copy of each such
  statement, duly certified, in so far as they relate to cities, towns and
  villages subject to rent control pursuant to this act,  with  the  state
  rent administrator and the chairman of the temporary state commission to
  study   rents   and   rental  conditions.  Where  such  board  has  made
  computations indicating a different ratio for subclasses of  residential
  property,   such   information  shall  also  be  filed  with  such  rent
  administrator and the chairman of such temporary state commission.
    (b) The total of all adjustments ordered by the commission pursuant to
  (1) and (3)  of  paragraph  (a)  of  subdivision  four  hereof  for  any
  individual  housing  accommodations  shall not exceed fifteen per centum
  for any twelve month period; provided,  however,  that  in  ordering  an
  adjustment  pursuant  to  (1),  the commission may waive this limitation
  where a greater increase is necessary to make the earned income  of  the
  property equal to its operating expense; provided further, however, that
  the maximum rents subject to the allocation requirement of paragraph (c)
  hereof  shall be increased by such further additional amount during each
  succeeding twelve-month period, not exceeding fifteen per centum of  the
  maximum  rent  in  effect on the effective date of the original order of
  adjustment, until the maximum rents for the property shall  reflect  the
  net  annual return provided for pursuant to (1) hereof, but in no event,
  however, shall the total increase ordered for a succeeding  twelve-month
  period  be  more than an additional three per centum of the maximum rent
  in effect on the effective date of  the  original  order  of  adjustment
  unless a new application be filed by the landlord.
    The  commission shall compile and make available for public inspection
  at reasonable hours at its principal  office  and  at  each  appropriate
  local  office,  and  shall file with the chairman of the temporary state
  commission to study rents and rental conditions the manual of accounting
  procedures and advisory bulletins applicable to applications under  (1),
  (2) and (3) hereof, and all amendments thereto.
    (c)  Any increase in maximum rent shall be apportioned equitably among
  all the controlled housing accommodations in  the  property.  In  making
  such  apportionment  and  in  fixing  the increases in maximum rents the
  commission shall give due consideration (1) to all previous  adjustments
  or  increases  in  maximum  rents  by lease or otherwise; and (2) to all
  other income derived from the property, including income from space  and
  accommodations  not controlled, or the rental value thereof if vacant or
  occupied rent-free, so that there is allocated to the controlled housing
  accommodations therein only that  portion  of  the  amount  of  increase
  necessary  pursuant  to  (1), (2) or (3) of paragraph (a) of subdivision
  four  hereof,  as  is   properly   attributable   to   such   controlled
  accommodations.
    (d)  No landlord shall be entitled to any increase in the maximum rent
  unless he certifies  that  he  is  maintaining  all  essential  services
  furnished  or required to be furnished as of the date of the issuance of
  the order adjusting the maximum  rent  and  that  he  will  continue  to
  maintain  such  services  so  long  as the increase in such maximum rent
  continues in effect; nor shall any landlord be entitled to any  increase
  in  the  maximum  rent  in  any case where a municipal department having

  jurisdiction certifies that the housing accommodation is a  fire  hazard
  or  is  in  a  continued  dangerous  condition or detrimental to life or
  health, or is occupied in violation of law.
    (e)  Before  ordering  any  adjustment  in maximum rents, a reasonable
  opportunity to be heard thereon shall be accorded  the  tenant  and  the
  landlord.
    5.  (a)  Whenever  in  the  judgment  of the commission such action is
  necessary or proper in order to effectuate the purposes of this act, the
  commission may, by regulation or order, regulate or prohibit speculative
  or manipulative practices or renting  or  leasing  practices,  including
  practices  relating  to recovery of possession, which in the judgment of
  the commission are equivalent  to  or  are  likely  to  result  in  rent
  increases inconsistent with the purposes of this act.
    (b)  Whenever  in  the  judgment  of  the  commission  such  action is
  necessary or proper in order to effectuate the purposes of this act, the
  commission may provide regulations to assure the maintenance of the same
  living space, essential services, furniture, furnishings  and  equipment
  as  were  provided  on  the  date  determining the maximum rent, and the
  commission shall have power by  regulation  or  order  to  decrease  the
  maximum  rent  for  any  housing  accommodation  with respect to which a
  maximum rent is in effect, pursuant to this act if it  shall  find  that
  the   living   space,  essential  services,  furniture,  furnishings  or
  equipment to which the  tenant  was  entitled  on  such  date  has  been
  decreased.  The  amount  of  the decrease in maximum rent ordered by the
  commission  under  this  paragraph  shall  be  reduced  by  any  credit,
  abatement  or  offset  in rent which the tenant has received pursuant to
  section two hundred thirty-five-b of the real property law, that relates
  to one or more conditions covered by such order.
    (c) Whenever any municipal department  having  jurisdiction  certifies
  that  any  housing  accommodation  is a fire hazard or is in a continued
  dangerous condition or detrimental to life or health, or is occupied  in
  violation  of  law,  the  commission  may  issue an order decreasing the
  maximum rent of such housing accommodation in such amount  as  it  deems
  necessary  or  proper, until the said municipal department has certified
  that the illegal or hazardous condition has been removed.
    6. Any regulation or order issued pursuant  to  this  section  may  be
  established  in  such  form and manner, may contain such classifications
  and  differentiations,  and  may  provide  for  such   adjustments   and
  reasonable exceptions as in the judgment of the commission are necessary
  or  proper  in order to effectuate the purposes of this act. No increase
  or decrease in maximum rent shall be effective  prior  to  the  date  on
  which the order therefor is issued.
    7.  Regulations,  orders,  and requirements under this act may contain
  such provisions  as  the  commission  deems  necessary  to  prevent  the
  circumvention or evasion thereof.
    8.  The  powers  granted  in this section shall not be used or made to
  operate to compel changes in established rental practices, except  where
  such  action is affirmatively found by the commission to be necessary to
  prevent  circumvention  or  evasion  of  any   regulation,   order,   or
  requirements under this act.
    * NB Effective until June 16, 2019
    * §  5.  Evictions. 1. So long as the tenant continues to pay the rent
  to which the landlord is entitled, no tenant shall be removed  from  any
  housing  accommodation with respect to which a maximum rent is in effect
  pursuant to this act by action to evict or  to  recover  possession,  by
  exclusion  from  possession,  or otherwise, nor shall any person attempt
  such removal or exclusion from possession notwithstanding the fact  that
  the tenant has no lease or that his lease, or other rental agreement has

  expired  or  otherwise  terminated,  notwithstanding any contract, lease
  agreement or obligation  heretofore  or  hereafter  entered  into  which
  provides  for  surrender  of  possession,  or  which  otherwise provides
  contrary  hereto,  except  on  one  or more of the following grounds, or
  unless the landlord has obtained a certificate of eviction  pursuant  to
  subdivision two of this section:
    (a)  the  tenant  is violating a substantial obligation of his tenancy
  other than the  obligation  to  surrender  possession  of  such  housing
  accommodation and has failed to cure such violation after written notice
  by  the landlord that the violation cease within ten days, or within the
  three  month  period  immediately  prior  to  the  commencement  of  the
  proceeding   the   tenant  has  wilfully  violated  such  an  obligation
  inflicting serious and substantial injury to the landlord; or
    (b) the tenant is committing or permitting a nuisance in such  housing
  accommodation;  or  is  maliciously  or  by  reason  of gross negligence
  substantially damaging the housing accommodations;  or  his  conduct  is
  such  as  to  interfere  substantially with the comfort or safety of the
  landlord or of other tenants or occupants of the same or other  adjacent
  building or structure; or
    (c)  occupancy  of the housing accommodations by the tenant is illegal
  because of the requirements of law, and the landlord is subject to civil
  or criminal penalties therefor, or both; or
    (d) the tenant is using or permitting such housing accommodation to be
  used for an immoral or illegal purpose; or
    (e) the tenant who  had  a  written  lease  or  other  written  rental
  agreement  which  terminates  on  or  after  May first, nineteen hundred
  fifty, has refused upon demand of the  landlord  to  execute  a  written
  extension  or renewal thereof for a further term of like duration not in
  excess of one year but otherwise on the same terms and conditions as the
  previous lease except in  so  far  as  such  terms  and  conditions  are
  inconsistent with this act; or
    (f)  the  tenant  has  unreasonably refused the landlord access to the
  housing accommodations for the purpose of making  necessary  repairs  or
  improvements  required  by  law  or  for the purpose of inspection or of
  showing the accommodations to  a  prospective  purchaser,  mortgagee  or
  prospective  mortgagee,  or  other  person  having a legitimate interest
  therein; provided, however, that in the latter event such refusal  shall
  not  be  ground for removal or eviction if such inspection or showing of
  the accommodations is contrary to the provisions of the  tenant's  lease
  or other rental agreement.
    2.  No  tenant shall be removed or evicted on grounds other than those
  stated in subdivision one of this section unless on application  of  the
  landlord  the  commission shall issue an order granting a certificate of
  eviction in accordance with  its  rules  and  regulations,  designed  to
  effectuate  the  purposes of this act, permitting the landlord to pursue
  his remedies at law. The commission shall issue such an  order  whenever
  it finds that:
    (a)  the landlord seeks in good faith to recover possession of housing
  accommodations because of immediate and compelling necessity for his own
  personal use and occupancy or for the use and occupancy of his immediate
  family; provided, however, this subdivision  shall  not  apply  where  a
  member  of the household lawfully occupying the housing accommodation is
  sixty-two years of age  or  older,  has  been  a  tenant  in  a  housing
  accommodation  in  that  building  for  twenty  years or more, or 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  prevent  the tenant from engaging in any substantial gainful
  employment; or
    (b)  the landlord seeks in good faith to recover possession of housing
  accommodations for which the tenant's lease or  other  rental  agreement
  has  expired or otherwise terminated, and at the time of termination the
  occupants of the housing accommodations are subtenants or other  persons
  who  occupied  under  a rental agreement with the tenant, and no part of
  the accommodation is used by the tenant as his dwelling; or
    (c) the landlord seeks in good faith  to  recover  possession  of  the
  housing  accommodations  for  the  immediate  purpose  of  substantially
  altering or remodeling them,  provided  that  the  landlord  shall  have
  secured  such approval therefor as is required by law and the commission
  determines that the issuance of the order granting  the  certificate  of
  eviction is not inconsistent with the purpose of this act; or
    (d)  the  landlord  seeks  in  good faith to recover possession of the
  housing accommodations for the immediate purpose of demolishing them and
  the commission determines (i) that such demolition is to be used for the
  purpose of constructing new buildings or structures containing at  least
  twenty   per   centum   more   housing   accommodations   consisting  of
  self-contained family units than are contained in the  structure  to  be
  demolished;   provided,   however,  where  as  a  result  of  conditions
  detrimental to life or health  of  the  tenants,  violations  have  been
  placed  upon  the structure containing the housing accommodations by the
  local authorities having jurisdiction over such matters and the cost  of
  removing  such  violations  would  substantially  equal  or  exceed  the
  assessed valuation of the structure, the  new  buildings  or  structures
  shall only be required to make provision for a greater number of housing
  accommodations  consisting  of  self-contained  family  units  than  are
  contained in the structure to be demolished; provided, further, that the
  commission may by regulation impose  as  a  condition  to  granting  the
  certificates  of  eviction that the landlord pay stipends to the tenants
  in such amounts  as  the  commission  may  determine  to  be  reasonably
  necessary,  which  amounts  may  vary  depending  upon  the  size of the
  tenant's apartment and whether the  tenant  accepts  relocation  by  the
  landlord;  or  (ii)  that  such  demolition  is  made for the purpose of
  constructing  new   buildings   or   structures   other   than   housing
  accommodations;  provided, however, that within the city of New York the
  commission may  by  regulation  impose  conditions  (including  but  not
  limited  to suitable relocation and the payment of stipends) to granting
  the certificates of eviction. No  order  granting  the  certificates  of
  eviction  pursuant to this paragraph shall be issued unless the landlord
  shall have secured such approval therefor as is required by law and  the
  commission   determines   that   the  issuance  of  such  order  is  not
  inconsistent with the purpose of this act.
    3. The commission may from time to time to effectuate the purposes  of
  this  act adopt, promulgate, amend or rescind such rules, regulations or
  orders as it may deem necessary or proper for the control of  evictions.
  It  may  require  that  an  order  granting a certificate of eviction be
  obtained from it prior to the institution of any  action  or  proceeding
  for the recovery of possession of any housing accommodation subject to a
  maximum  rent  under  this act upon the grounds specified in subdivision
  two of this section or where it finds  that  the  requested  removal  or
  eviction is not inconsistent with the purposes of this act and would not
  be  likely  to result in the circumvention or evasion thereof; provided,
  however, that  no  such  order  shall  be  required  in  any  action  or
  proceeding brought pursuant to the provisions of subdivision one of this
  section.

    The commission on its own initiative or on application of a tenant may
  revoke  or  cancel an order granting such certificate of eviction at any
  time prior to the execution of a warrant  in  a  summary  proceeding  to
  recover possession of real property by a court whenever it finds that:
    (a)  the  certificate of eviction was obtained by fraud or illegality;
  or
    (b) the landlord's intentions or circumstances have  so  changed  that
  the  premises,  possession  of which is sought, will not be used for the
  purpose specified in the certificate.
    The commencement of a proceeding by the commission to revoke or cancel
  an order granting a certificate of eviction shall stay such order  until
  the  final  determination  of  the  proceeding regardless of whether the
  waiting period in the order  has  already  expired.  In  the  event  the
  commission   cancels   or  revokes  such  an  order,  the  court  having
  jurisdiction of any summary proceeding instituted  in  such  case  shall
  take  appropriate  action  to dismiss the application for removal of the
  tenant from the real property and to vacate and annul any final order or
  warrant granted or issued by the court in the matter.
    4. Notwithstanding the  preceding  provisions  of  this  section,  the
  state,  any  municipality, or housing authority may nevertheless recover
  possession of any housing  accommodations  operated  by  it  where  such
  action or proceeding is authorized by statute or regulations under which
  such accommodations are administered.
    5.  Any  order  of  the  commission  under  this  section  granting  a
  certificate of eviction shall be subject to judicial review only in  the
  manner prescribed by sections eight and nine.
    6.  Where  after  the commission 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  accommodations  (1) for his immediate and
  personal use, or for the immediate and  personal  use  by  a  member  or
  members  of  his  immediate  family, and such landlord or members of his
  immediate family shall fail to occupy such accommodations within  thirty
  days after the tenant vacates, or such landlord shall lease or rent such
  space  or  permit occupancy thereof by a third person within a period of
  one year after such removal of the tenant,  or  (2)  for  the  immediate
  purpose  of  withdrawing  such  housing  accommodations  from the rental
  market and such landlord shall lease or sell the  housing  accommodation
  or  the  space  previously  occupied thereby, or permit use thereof in a
  manner other than contemplated in such  eviction  certificate  within  a
  period  of  one  year  after  such removal of the tenant, or (3) for the
  immediate purpose of altering or remodeling such housing accommodations,
  and the  landlord  shall  fail  to  start  the  work  of  alteration  or
  remodeling  of such housing accommodations within ninety days after such
  removal on the ground that he required possession of such accommodations
  for the purpose of altering or remodeling the same, or if  after  having
  commenced  such  work  shall  fail or neglect to prosecute the work with
  reasonable diligence, or (4) for the immediate  purpose  of  demolishing
  such housing accommodations and constructing a new building or structure
  for  a  greater  number  of  housing  accommodations  in accordance with
  approved plans, or reasonable amendment thereof, and  the  landlord  has
  failed to complete the demolition within six months after the removal of
  the  last  tenant  or,  having  demolished  the  premises, has failed or
  neglected to proceed with the new construction within ninety days  after
  the  completion  of  such  demolition or (5) for some purpose other than

  those specified above for which the removal of the tenant was sought and
  the landlord has failed to use the vacated premises  for  such  purpose,
  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;
  provided,  however,  that subparagraph (4) herein shall not apply to any
  action which does not constitute a violation of any local law  providing
  for penalties upon failure to demolish or comply with state rent control
  eviction  certificates.  In  addition  to  any other damage, the cost of
  removal of property shall be a lawful measure of damage.
    7. Any  statutory  tenant  who  vacates  the  housing  accommodations,
  without  giving  the  landlord  at  least thirty days' written notice by
  registered or certified mail of his intention to vacate, shall be liable
  to the landlord for an amount not exceeding  one  month's  rent,  except
  where  the tenant has been removed or vacates pursuant to the provisions
  of this section or of subdivision four of section ten of this act.  Such
  notice  shall  be  postmarked  on  or  before the last day of the rental
  period immediately prior to such thirty-day period.
    8. Where after the commission has granted a  certificate  of  eviction
  authorizing the landlord to pursue his remedies pursuant to local law to
  acquire  possession for any purpose stated in subdivision two of section
  five or in subdivision four of section ten of this act or for some other
  stated  purpose,  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  and  the
  landlord  or  any  successor  landlord  of the premises does not use the
  housing accommodation for the purpose specified in such  certificate  of
  eviction,  the  vacated  accommodation or any replacement or subdivision
  thereof shall, unless the commission approves such different purpose, be
  deemed a housing accommodation subject to control,  notwithstanding  any
  definition of that term in this act to the contrary. Such approval shall
  be granted whenever the commission finds that the failure or omission to
  use  the  housing  accommodation  for  the  purpose  specified  in  such
  certificate was not inconsistent with the purposes of this act and would
  not be likely to result in the circumvention  or  evasion  thereof.  The
  remedy herein provided for shall be in addition to those provided for in
  subdivision one of section eleven of this act and to the tenant's action
  for damages provided for in subdivision six of this section.
    9.  Notwithstanding  any  provision of this law to the contrary in the
  case where all  tenants  occupying  the  housing  accommodation  on  the
  effective   date   of   this   subdivision   have  vacated  the  housing
  accommodation and a family member of such vacating tenant or tenants  is
  entitled to and continues to occupy the housing accommodation subject to
  the  protections  of  this  law,  if  such accommodation continues to be
  subject to this law after such family member vacates, on the  occurrence
  of such vacancy the maximum collectable rent shall be increased by a sum
  equal  to  the  allowance  then in effect for vacancy leases for housing
  accommodations covered by the rent stabilization law of nineteen hundred
  sixty-nine,  including  the  amount  allowed  by  paragraph  five-a   of
  subdivision  c  of section 26-511 of such law. This increase shall be in
  addition to any other  increases  provided  in  this  law  including  an
  adjustment  based  upon  a  major  capital improvement, or a substantial
  increase or decrease in dwelling space or  a  change  in  the  services,
  furniture,   furnishings   or   equipment   provided   in   the  housing
  accommodation, pursuant to  section  four  of  this  law  and  shall  be
  applicable in like manner to each second subsequent succession.
    * NB Effective until June 16, 2019

    * §   6.  Investigations;  records;  reports.  1.  The  commission  is
  authorized to make such studies  and  investigations,  to  conduct  such
  hearings,  and  to  obtain  such  information  as  the  commission deems
  necessary or proper in prescribing any regulation or  order  under  this
  act or in the administration and enforcement of this act and regulations
  and orders thereunder.
    2.  The  commission  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 commission may
  require  any such person to permit the inspection and copying of records
  and other documents and the inspection of  housing  accommodations.  The
  administrator  or  any officer or agent designated by the commission 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.
    3. For the purpose of obtaining any information under subdivision one,
  the commission may by subpoena require any other person  to  appear  and
  testify  or  to appear and produce documents, or both, at any designated
  place.
    4. The production of a person's documents at any place other than  his
  place  of  business shall not be required under this section in any case
  in which, prior to the return date specified in the subpoena issued with
  respect thereto, such person either has furnished the commission 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  commission
  as to the information contained in such documents.
    5. In case of contumacy by, or refusal to obey a subpoena served upon,
  any person referred to in subdivision three, the supreme court in or for
  any  judicial  district  in  which  such  person  is found or resides or
  transacts business, upon  application  by  the  commission,  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 subdivision shall also apply to
  any person referred to in subdivision two, and shall be in  addition  to
  the provisions of subdivision one of section ten.
    6. Witnesses subpoenaed under this section shall be paid the same fees
  and  mileage  as  are  paid  witnesses under article eighty of the civil
  practice law and rules.
    7. Upon any such investigation or  hearing,  the  commissioner  or  an
  officer  duly designated by the commission to conduct such investigation
  or hearing, may confer immunity in accordance  with  the  provisions  of
  section 50.20 of the criminal procedure law.
    8.  The  commission  shall  not  publish  or  disclose any information
  obtained under this act that the commission deems confidential  or  with
  reference  to  which a request for confidential treatment is made by the
  person furnishing such information,  unless  the  commission  determines
  that the withholding thereof is contrary to the public interest.
    9.  Any  person  subpoenaed under this section shall have the right to
  make a record of his testimony and to be represented by counsel.
    * NB Effective until June 16, 2019
    * § 7. Cooperation with other governmental agencies. 1. The commission
  shall cooperate  with  the  federal  government  and  other  appropriate
  governmental  agencies  in  effectuating  the  purposes of this act, and
  shall endeavor to procure  and  may  accept  from  the  federal  housing
  expediter  and other officers and agencies of the federal government and

  from the temporary city housing rent commission of the city of New  York
  such  cooperation,  information,  records  and  data  as will assist the
  commission in effectuating such purposes.
    2.  The  commission  may  request  and  shall  receive cooperation and
  assistance  in  effectuating  the  purposes  of  this   act   from   all
  departments,  divisions, boards, bureaus, commissions or agencies of the
  state and political subdivisions thereof.  The  commissioner  and  state
  rent  administrator shall be deemed to be an officer included within the
  provisions of section one hundred sixty-one of the  executive  law,  and
  shall  be  accorded  all  the  rights  and  privileges  of  the officers
  specified in subdivision one of said section.
    * NB Effective until June 16, 2019
    * § 8. Procedure. 1. After the issuance of any regulation or order  by
  the commission any person subject to any provision of such regulation or
  order  may,  in  accordance  with  regulations  to  be prescribed by the
  commission, file a protest against such regulation or order specifically
  setting forth his objections to any such provisions  and  affidavits  or
  other  written  evidence  in  support  of such objections. Statements in
  support of any such regulation or order may be received and incorporated
  in the record of the proceedings at such times and  in  accordance  with
  such  regulations  as  may  be  prescribed  by  the commission. Within a
  reasonable time after the filing of any protest under  this  subdivision
  the  commission  shall  either grant or deny such protest in whole or in
  part, notice such protest for hearing,  or  provide  an  opportunity  to
  present  further evidence in connection therewith. In the event that the
  commission denies any such protest in whole or in part,  the  commission
  shall  inform  the protestant of the grounds upon which such decision is
  based, and of any economic data and other facts of which the  commission
  has taken official notice.
    2.  In the administration of this act the commission may take official
  notice of economic data and other facts, including facts  found  by  the
  commission as a result of action taken under section four.
    3. Any proceedings under this section may be limited by the commission
  to  the  filing of affidavits, or other written evidence, and the filing
  of briefs.
    4. Any protest filed under this section shall be granted or denied  by
  the  commission,  or  granted  in  part  and the remainder of it denied,
  within a reasonable time after it is filed. If the commission  does  not
  act  finally  within a period of ninety days after the protest is filed,
  the protest shall be deemed to be denied. However,  the  commission  may
  grant  one  extension  not to exceed thirty days with the consent of the
  party filing such protest; any further extension  may  only  be  granted
  with  the  consent  of  all parties to the protest. No proceeding may be
  brought pursuant to article seventy-eight of the civil practice law  and
  rules  to  challenge any order or determination which is subject to such
  protest  unless  such  review  has  been  sought  and   either   (1)   a
  determination  thereon  has  been  made  or  (2)  the  ninety-day period
  provided for determination of the protest (or any extension thereof) has
  expired. If the commission does not  act  finally  within  a  period  of
  ninety  days  after the entry of an order of remand to the commission by
  the court in a proceeding instituted pursuant to section nine, the order
  previously made by the commission shall be deemed  reaffirmed.  However,
  the  commission  may  grant one extension not to exceed thirty days with
  the consent of the petitioner; any further extension may only be granted
  with the consent of all parties to the petition.
    5.  The  commission  shall  compile  and  make  available  for  public
  inspection  at  reasonable  hours  at  its  principal office and at each
  appropriate local office a copy of each decision hereafter  rendered  by

  it  upon  granting,  or denying, in whole or in part, any protests filed
  under this section.
    * NB Effective until June 16, 2019
    * § 9.  Judicial  review.  1. Any person who is aggrieved by the final
  determination of a protest may, in accordance with article seventy-eight
  of the civil practice law  and  rules,  within  sixty  days  after  such
  determination,  commence  a proceeding in the supreme court 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 commission has its  principal  office
  or  where  the property is located. The answer shall include a statement
  setting forth, so far as practicable, the economic data and other  facts
  of  which  the  commission has taken official notice. Upon the filing of
  such petition the court  shall  have  jurisdiction  to  set  aside  such
  regulation or order, in whole or in part, to dismiss the petition, or to
  remit  the  proceeding  to  the  commission; provided, however, that the
  regulation or order may be modified or rescinded by  the  commission  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 set forth by the petitioner in the protest or
  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 commission,
  and the court determines that such  evidence  should  be  admitted,  the
  court  shall  order  the evidence to be presented to the commission. The
  commission shall promptly receive the same, and such other  evidence  as
  the  commission  deems necessary or proper, and thereupon the commission
  shall file with the court the original or a transcript thereof  and  any
  modification  made  in  regulation  or order as a result thereof; except
  that on request by the commission, 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 commission with the
  court, shall be returned to the commission.
    2. No such regulation or order 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 by law for appeals from a judgment 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 commission may, at the election of
  the commission, 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.
    3.  (a)  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 section eleven involving alleged  violation  of  any
  provision  of  any  regulation  or order, 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  a protest filed in accordance with section eight. 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 commission  or  directly  to  the  court,  in
  accordance  with  subdivision  one  of  this  section. The provisions of
  subdivision two of this section shall be applicable with respect to  any
  proceedings instituted in accordance with this subdivision.
    (b)  In  any proceeding brought pursuant to section eleven of this act
  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  paragraph  (a)  of  this
  subdivision with respect to such provision;
    (2) during the pendency of any protest properly filed by the defendant
  under  section  eight  prior  to the institution of the proceeding under
  section eleven of this act, 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 section with respect to such protest or instituted
  by the defendant under paragraph (a) of this subdivision with respect to
  such provision, and until the expiration of the  time  allowed  in  this
  section for the taking of further proceedings with respect thereto.
    (c)   Notwithstanding   the   provisions  of  paragraph  (b)  of  this
  subdivision, stays shall be granted thereunder in civil proceedings only
  after  judgment  and  upon  application  made  within  five  days  after
  judgment.    Notwithstanding  the  provisions  of  paragraph (b) of this
  subdivision, in the case  of  a  proceeding  under  subdivision  one  of
  section  eleven  the  court  granting a stay under paragraph (b) 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  subdivision  two  of  this  section,  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
  subdivision, the  pendency  of  any  protest  under  section  eight,  or
  judicial proceeding under this section, shall not be grounds for staying
  any  proceeding  brought  pursuant  to  section  eleven;  nor, except as

  provided in this subdivision, shall any retroacitve effect be  given  to
  any judgment setting aside a provision of a regulation or order.
    4.  The  method  prescribed  herein  for  the  judicial  review  of  a
  regulation or order shall be exclusive.
    * NB Effective until June 16, 2019
    * § 10. Prohibitions. 1. 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 or otherwise to do or omit
  to do any act, in violation of  any  regulation,  order  or  requirement
  hereunder,  or  to  offer,  solicit,  attempt  or agree to do any of the
  foregoing.
    2. 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 this act  or  any  regulation,
  order or requirement thereunder.
    3. It shall be unlawful for any officer or employee of the commission,
  or  for  any  official  adviser  or  consultant  to  the  commission, to
  disclose, otherwise than in the course of official duty, any information
  obtained under this act, or to use any  such  information  for  personal
  benefit.
    4.  Nothing  in  this  act shall be construed to require any person to
  offer any housing accommodations for rent,  but  housing  accommodations
  already  on  the rental market may be withdrawn only after prior written
  approval of the state rent commission, if such withdrawal requires  that
  a tenant be evicted from such accommodations.
    5.  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.
    * NB Effective until June 16, 2019
    * § 11. Enforcement. 1. Whenever in the judgment of the commission 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  section
  ten  of  this  act,  the  commission 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  commission
  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.
    2. Any person who wilfully violates any provision of  section  ten  of
  this  act,  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  this act 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 subdivision three of section ten and for not more than one
  year in all other cases, or to both such fine and imprisonment. Whenever

  the commission has reason to  believe  that  any  person  is  liable  to
  punishment  under this subdivision, the commission 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.
    3. Any court shall advance on the docket and expedite the  disposition
  of  any  criminal  or  other  proceedings  brought  before it under this
  section.
    4. No person 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  this  act  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
  this act 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 commission. The commission may intervene in any
  such action or proceeding.
    5. If any  landlord  who  receives  rent  from  a  tenant  violates  a
  regulation  or  order  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 willful
  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
  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 subdivision within  thirty  days
  from  the date of the occurrence of the violation or is not entitled for
  any reason to bring the action, the commission may institute  an  action
  on  behalf  of  the state within such two-year period. If such action is
  instituted by the commission, the tenant affected  shall  thereafter  be
  barred from bringing an action for the same violation or violations. Any
  action under this subdivision by either the tenant or the commission, as
  the  case may be, may be brought in any court of competent jurisdiction.
  Recovery, by judgment or otherwise, in an action for damages under  this
  subdivision shall be a bar to the recovery under this subdivision of any
  recovery, by judgment or otherwise, in any other action against the same
  landlord  on  account of the same overcharge or overcharges prior to the
  institution of  the  action  in  which  such  recovery  of  damages  was
  obtained.  Where  recovery  by  judgment  or otherwise is obtained in an
  action instituted by the commission under this subdivision, there  shall

  be  paid over to the tenant from the moneys recovered, one-third of such
  recovery, exclusive of costs and  disbursement  or  the  amount  of  the
  overcharge or overcharges, whichever is the greater.
    6.  If any landlord who receives rent from a tenant violates any order
  containing a directive that rent collected by the landlord in excess  of
  the  maximum  rent  be  refunded  to  the tenant within thirty days, the
  commission may, within one year after the expiration of such thirty  day
  period  or  after  such  order  shall  become final by regulation of the
  commission, 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 willful nor the result of
  failure  to  take  practical  precautions  against the occurrence of the
  violation. If the commission  fails  to  institute  such  action  within
  thirty days from the date of the occurrence of the violation, the tenant
  paying  such  rent  may  thereafter  institute  an  action  for the same
  violation within such one year period, and the liability of the landlord
  in such action by the tenant shall be the same as if  such  action  were
  brought  by  the  commission.  If  such  action  is  instituted  by  the
  commission, the tenant affected shall thereafter be barred from bringing
  an action for the same violation. Any action under this  subdivision  by
  either  the commission or the tenant, as the case may be, may be brought
  in  any  court  of  competent  jurisdiction.  Recovery  by  judgment  or
  otherwise  in  an  action under this subdivision based on the failure of
  the landlord to make the prescribed refund, shall be a bar  to  recovery
  under  this  subdivision of any recovery, by judgment or otherwise, from
  the same landlord in any other action instituted on account of the  same
  violation, prior to the institution of the action in which such recovery
  is  obtained. Where recovery by judgment or otherwise, is obtained in an
  action instituted by the commission under this subdivision, there  shall
  be  paid  over to the tenant from the moneys recovered one-third of such
  recovery, exclusive of costs and disbursements, or  the  amount  of  the
  prescribed refund, whichever is greater.
    7.  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 to the commission 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. 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.
    * NB Effective until June 16, 2019

    * § 12. Application. 1. Whenever the commission shall  find  that,  in
  any  municipality  specified  by  the  commission, (a) the percentage of
  vacancies in all or any particular class of  housing  accommodations  is
  five  per  centum  or  more, or, (b) the availability of adequate rental
  housing  accommodations  and  other relevant factors are such as to make
  rent control unnecessary for the  purpose  of  eliminating  speculative,
  unwarranted,   and   abnormal  increases  in  rents  and  of  preventing
  profiteering and speculative and other  disruptive  practices  resulting
  from  abnormal  market  conditions  caused  by  congestion, the controls
  imposed upon rents by authority of this act in such municipality or with
  respect to any particular class of housing accommodations therein  shall
  be  abolished in the manner hereinafter provided; provided however that,
  except as otherwise provided in  this  section,  no  controls  shall  be
  abolished  by  the  commission unless the commission shall hold a public
  hearing or hearings on such proposal at  which  interested  persons  are
  given a reasonable opportunity to be heard. Notice of such hearing shall
  be  provided  by  publication  in  a daily newspaper published or having
  general circulation in the municipality affected not less  than  fifteen
  days prior to the date of the hearing.
    2.  Notwithstanding  the  provisions  of  this  section  or  any other
  provision of this act, the local governing  body  of  a  city,  town  or
  village  upon  a finding that decontrol in such city, town or village is
  warranted after a public hearing upon notice by publication in  a  daily
  or  weekly newspaper published or having general circulation in the city
  or town not less than twenty days prior to  the  date  of  hearing,  and
  after  notice to the commission, may adopt a resolution to decontrol all
  or any specified class of housing accommodation in such  city,  town  or
  village.    Such resolution shall thereafter be filed with the division.
  Upon receipt of any such resolution the controls imposed by authority of
  this act shall be abolished in the city, town or village  affected  with
  respect  to  housing  accommodations specified in such resolution in the
  manner hereinafter specified. Notwithstanding the  foregoing  provisions
  of  this  paragraph,  a  city,  town  or village any portion of which is
  within the limits of an area designated as a  critical  defense  housing
  area  by the federal government at the time of adoption of the decontrol
  resolution, shall not become decontrolled without the  approval  of  the
  commission.
    2-a.  Upon the issuance of an order of decontrol or upon the filing of
  a resolution resulting in decontrol of a housing accommodation  pursuant
  to subdivision two, such decontrol shall take place:
    (a)  if  the landlord and tenant execute a written lease for a term of
  not less than two years wherein the landlord agrees to maintain the same
  services and equipment required by this act and which  provides  for  an
  increase  in  the  maximum rent not in excess of fifteen percent for the
  first year and not more than a second  five  percent  increase  for  the
  second  year  and  otherwise  continues  the terms and conditions of the
  existing tenancy; upon the execution of such lease;
    (b) if the landlord offers the tenant a lease in accordance  with  the
  terms  provided  in  paragraph  (a) and the tenant fails to execute such
  lease, six months from the date that the commission issued the order  or
  the  date  the  municipality  filed  the  resolution,  provided that the
  landlord has notified the tenant in writing by certified mail  that  his
  failure  to  execute  the  lease within thirty days of such notification
  will result in the decontrol of the housing accommodation  on  the  date
  set forth therein, such date to be the expiration of such thirty days or
  such six months, whichever is later; or

    (c)  if  the  landlord does not offer the tenant a lease in accordance
  with the terms provided in paragraph (a), two years from  the  date  the
  commission issued the order or the municipality filed the resolution.
    3.  (a) Notwithstanding the provisions of section four or of any other
  inconsistent provision of this act, housing  accommodations  subject  to
  rent  control  as  provided  for in this act on June thirtieth, nineteen
  hundred  fifty-five,  in  any  city  or  town  within  the  counties  of
  Cattaraugus,  Chautauqua,  Columbia,  Dutchess,  Erie, Fulton, Herkimer,
  Montgomery,  Niagara,  Ontario,  Oswego,  Saratoga,   Seneca,   Steuben,
  Suffolk,  Ulster  and Yates shall, subsequent to such date, be no longer
  subject to such rent control, except as hereinafter in this  subdivision
  provided.
    (b)  The  governing  body  of  any  such  city or town, as hereinafter
  specified, may, and  it  is  hereby  authorized  and  empowered  to,  by
  resolution  duly adopted for such purpose not later than June thirtieth,
  nineteen hundred fifty-five, and declaring the continuance of  emergency
  conditions  therein,  elect  to  be  excluded  from the operation of the
  provisions of this subdivision providing for  the  termination  of  rent
  control therein, to the extent specified in such resolution.
    In  the  case  of  any  such  city  or  town elsewhere than within the
  counties of Erie and Niagara,  such  resolution  may  provide  for  such
  exclusion  with  respect  to all or any particular class of such housing
  accommodations within such city or town; and in the  case  of  any  such
  city or town within the counties of Erie or Niagara, such resolution may
  provide  for  such exclusion with respect to all or any particular class
  of such housing accommodations in such city  or  town,  except  (1)  one
  family  houses and (2) two family houses occupied in whole or in part by
  the owner.
    In the event of the adoption of such a resolution in any such city  or
  town,  the  provisions of this subdivision providing for the termination
  of rent control therein shall not apply with  respect  to  such  housing
  accommodations  within  such city or town as specified in the resolution
  so adopted. Any such  resolution,  upon  adoption,  shall  forthwith  be
  transmitted to the commission.
    (c)  The  governing  body  of  any  city or town elsewhere than in the
  counties of Columbia, Dutchess and Erie, as hereinafter specified,  with
  respect  to  which  the provisions of this subdivision providing for the
  termination of  rent  control  therein  are  applicable  and  in  effect
  subsequent  to  June thirtieth, nineteen hundred fifty-five, may, and it
  is hereby authorized and empowered to, by resolution  duly  adopted  for
  such  purpose  at  any  time  subsequent  to such date and declaring the
  existence of emergency conditions therein,  request  the  commission  to
  reestablish  the  regulation of rents on housing accommodations therein,
  to the extent specified in such resolution.
    In the case of any such city or town elsewhere than within the  county
  of  Niagara,  such  resolution  may  request  such  reestablishment with
  respect to all or any particular class of such housing accommodations in
  such city or town; and in the case of any such city or town  within  the
  county of Niagara, such resolution may request such reestablishment with
  respect to all or any particular class of such housing accommodations in
  such  city  or  town,  except  (1)  one family houses and (2) two family
  houses occupied in whole or in part by the owner.
    Any such resolution, upon adoption, shall forthwith be transmitted  to
  the commission. Upon receipt of such resolution, the commission shall by
  regulation  or order reestablish the same maximum rents for such housing
  accommodations within such city or town specified in such resolution  as
  last  previously  established  by the commission and in force and effect
  therein immediately prior to decontrol pursuant to this subdivision. Any

  such regulation or order shall take effect on the date specified in such
  resolution, and thereafter such maximum rents shall be and  continue  in
  force  and  effect as to such housing accommodations within such city or
  town  until  changed  or  abolished  in  accordance  with the applicable
  provisions of this act, and all the  provisions  of  this  act  applying
  generally  with  respect to maximum rents on such housing accommodations
  shall apply with respect thereto within such city or town.
    (d) Notwithstanding the provisions of section four  or  of  any  other
  inconsistent  provision  of  this act, housing accommodations subject to
  rent control as provided for in this act  on  June  thirtieth,  nineteen
  hundred  fifty-seven,  in  any  city  or  town  within  the  counties of
  Columbia, Dutchess or Erie shall, subsequent to such date, be no  longer
  subject  to such rent control, except as hereinafter in this subdivision
  provided.
    The governing body of any  such  city  or  town,  as  hereinbefore  or
  hereinafter  specified,  may,  and it is hereby authorized and empowered
  to,  by  resolution  adopted  for  such  purpose  not  later  than  June
  thirtieth,  nineteen  hundred fifty-seven, and declaring the continuance
  of emergency conditions therein, elect to be excluded from the operation
  of the provisions of this paragraph (d) providing for the termination of
  rent control therein, to the extent specified in such  resolution.  Such
  resolution  may  provide  for  such exclusion with respect to all or any
  particular class of housing accommodations subject to such rent  control
  within  such  city  or  town.  In  the  event  of the adoption of such a
  resolution in any such city or town, the provisions  of  this  paragraph
  (d)  providing  for  the  termination  of rent control therein shall not
  apply with respect to such housing accommodations within  such  city  or
  town  as  specified  in  the resolution so adopted. Any such resolution,
  upon adoption, shall forthwith be transmitted to the commission.
    4. (a) Notwithstanding any inconsistent provision  of  this  act,  the
  local  governing  body  of any city or town within the county of Monroe,
  the  county  of  Oneida,  the  county  of  Onondaga  or  the  county  of
  Schenectady  wherein  housing  accommodations are or shall be subject to
  rent control as provided for in this act, by resolution duly adopted for
  such purpose not later than June thirtieth, nineteen hundred fifty-five,
  may, and it is hereby  authorized  and  empowered  to,  elect  that  the
  provisions  of  paragraph  (j)  of subdivision two of section two hereof
  excepting housing accommodations in one family houses, and in two family
  houses occupied in whole or in  part  by  the  owner  thereof,  in  such
  counties  from  the classifications of housing accommodations subject to
  rent control shall not apply in such city or town; and in the  event  of
  the adoption of such a resolution in any such city or town, such housing
  accommodations  specified  in  such subdivision within such city or town
  shall continue to be subject to rent control. Any such resolution,  upon
  adoption, shall forthwith be transmitted to the commission.
    (b)  Notwithstanding any inconsistent provision of this act, the local
  governing body of any city or town within  the  county  of  Monroe,  the
  county   of   Oneida  or  the  county  of  Schenectady  wherein  housing
  accommodations are or shall be subject to rent control  as  provided  in
  this act, and wherein the provisions of paragraph (j) of subdivision two
  of  section  two  hereof  excepting housing accommodations in one family
  houses, and in two family houses occupied in whole or  in  part  by  the
  owner thereof, in such city or town, from the classifications of housing
  accommodations   subject  to  rent  control  are  in  force  and  effect
  subsequent to June thirtieth, nineteen hundred fifty-five, by resolution
  duly adopted for such purpose at any time subsequent to such date,  may,
  and  it is hereby authorized and empowered to, request the commission to

  reestablish the regulation  of  rents  on  such  housing  accommodations
  therein.
    Any  such resolution, upon adoption, shall forthwith be transmitted to
  the commission. Upon receipt of such resolution, the commission shall by
  regulation or order reestablish the same maximum rents for such  housing
  accommodations  within  such city or town as last previously established
  by the commission and in force and effect therein immediately  prior  to
  decontrol pursuant to the provisions of paragraph (j) of subdivision two
  of section two hereof. Any such regulation or order shall take effect on
  the date specified in such resolution, and thereafter such maximum rents
  shall   be  and  continue  in  force  and  effect  as  to  such  housing
  accommodations within such city or town until changed  or  abolished  in
  accordance  with  the  applicable  provisions  of  this act, and all the
  provisions of this act applying generally with respect to maximum  rents
  on  such  housing accommodations shall apply with respect thereto within
  such city or town.
    5. Notwithstanding any inconsistent provision of this act,  the  local
  governing  body  of  any  city  or town other than the city of New York,
  wherein housing accommodations are or shall be subject to  rent  control
  as provided for in this act, by resolution duly adopted for such purpose
  not later than June thirtieth, nineteen hundred fifty-seven, may, and it
  is  hereby  authorized  and  empowered  to, elect that the provisions of
  paragraph (k) of subdivision two of section two hereof excepting housing
  accommodations, other  than  housing  accommodations  used  as  boarding
  houses  or  rooming  houses  in  the  county of Westchester which are or
  become vacant therein from the classifications of housing accommodations
  subject to rent control shall not apply in such city or town; and in the
  event of the adoption of such a resolution in any such  city,  or  town,
  such  housing  accommodations  specified in such subdivision within such
  city or town shall continue to be subject to rent control in like manner
  as before. Any  such  resolution,  upon  adoption,  shall  forthwith  be
  transmitted to the commission.
    6.  Notwithstanding  any inconsistent provision of this act, the local
  governing body of the city of Albany, by  resolution  duly  adopted  for
  such purpose not later than June thirtieth, nineteen hundred sixty-five,
  determining the existence of a public emergency requiring the regulation
  and  control  of residential rents and evictions within such city, which
  determination shall follow a survey which such city shall have caused to
  be made of the supply of housing accommodations within  such  city,  the
  condition  of  such  accommodations and the need for re-establishing the
  regulation and control of residential rents and  evictions  within  such
  city,  may,  and  it  is  hereby authorized and empowered to request the
  commission to re-establish the regulations of rents with respect to  all
  or any particular class of housing accommodations in the city of Albany,
  to the extent specified in such resolution.
    Any  such resolution, upon adoption, shall forthwith be transmitted to
  the commission. Upon receipt of such resolution,  the  commission  shall
  forthwith  by  regulation or order fix as the maximum rents therefor the
  rents which were lawfully chargeable therefor on April  first,  nineteen
  hundred  sixty-two,  in  accordance  with  the request contained in such
  resolution. Any such regulation or order recontrolling rents shall  take
  effect  on  the  date  specified  in such resolution, and thereafter the
  maximum rents established thereby shall be and  continue  in  force  and
  effect  as to such housing accommodations within such city until changed
  or abolished in accordance with the applicable provisions  of  this  act
  and  the  regulations adopted thereunder, and all the provisions of this
  act applying generally with respect to maximum  rents  on  such  housing

  accommodations  and evictions therefrom shall apply with respect thereto
  within such city.
    7.  Notwithstanding  any inconsistent provision of this act, the local
  governing body of the city of Mount Vernon, by resolution  duly  adopted
  for  such  purpose not later than sixty days after the effective date of
  this subdivision,  determining  the  existence  of  a  public  emergency
  requiring  the regulation and control of residential rents and evictions
  within such city and the need for  re-establishing  the  regulation  and
  control  of residential rents and evictions within such city for housing
  accommodations subject to the provisions of this act on the first day of
  June, nineteen hundred eighty-three, may, and it  is  hereby  authorized
  and  empowered  to request the division of housing and community renewal
  to re-establish the regulations of rents with respect  to  such  housing
  accommodations  in  the city of Mount Vernon, to the extent specified in
  such resolution.
    Any such resolution, upon adoption, shall forthwith be transmitted  to
  the  division  of  housing  and  community renewal. Upon receipt of such
  resolution,  the  division  of  housing  and  community  renewal   shall
  forthwith  by  regulation or order fix as the maximum rents therefor the
  rents which were lawfully chargeable therefor on  June  first,  nineteen
  hundred  eighty-three,  in accordance with the request contained in such
  resolution. Any such regulation or order recontrolling  rents  shall  be
  deemed  to have been in full force and effect on and after the first day
  of June, nineteen hundred eighty-three, and thereafter the maximum rents
  established thereby shall be and continue in force and effect as to such
  housing accommodations within such city until changed  or  abolished  in
  accordance   with   the  applicable  provisions  of  this  act  and  the
  regulations adopted thereunder, and  all  the  provisions  of  this  act
  applying  generally  with  respect  to  maximum  rents  on  such housing
  accommodations and evictions therefrom shall apply with respect  thereto
  within such city.
    * NB Effective until June 16, 2019
    * §  13.  Pending  proceedings.  The  commission  may  provide for and
  authorize the continued processing  of  any  application  or  proceeding
  pending  at the time this act becomes effective, provided, however, that
  the final determination of the commission in such pending application or
  proceeding shall not be inconsistent with this act.
    * NB Effective until June 16, 2019
    * § 14. Intent. 1. It is the intention  of  this  act  to  subject  to
  control  only  those  housing  accommodations,  as  that term is defined
  herein, which were subject to rent control and for which a maximum  rent
  was  in  effect  on  March  first,  nineteen  hundred fifty, pursuant to
  federal or local laws, and in the discretion  of  the  commission  those
  housing   accommodations   for  which  a  maximum  rent  was  thereafter
  established, pursuant to the provisions of section four hereof.
    2. Any reference made in this act  to  the  local  laws  specified  in
  chapter  one of the laws of nineteen hundred fifty shall be deemed to be
  solely for the purposes of identification, and if any of such laws shall
  be held  invalid,  the  reference  made  herein  and  any  maximum  rent
  established hereunder shall not be affected thereby.
    3.  The  provisions  of  this section shall be deemed to supersede any
  other inconsistent provisions of this act.
    4. Notwithstanding the decontrol  of  housing  accommodations  therein
  pursuant  to this act, unless otherwise provided herein, no municipality
  shall  have  the  power  to  adopt  local  laws  with  respect  to   the
  registration  or  control  of  rents  or  evictions  or otherwise to the
  subject matter of this act.
    * NB Effective until June 16, 2019

    * § 15. Separability. If any provision of this act or the  application
  of  such provision to any person or circumstances shall be held invalid,
  the validity of the remainder of the act and the applicability  of  such
  provision  to  other  persons  or  circumstances  shall  not be affected
  thereby.
    * NB Effective until June 16, 2019
    * § 16. Except for matters pending before the commission, no action or
  proceeding,  civil  or  criminal,  pending  at the time when this act as
  amended shall take effect, brought by or against the  commission,  shall
  be  affected  or  abated  by  the  enactment  of this act or by anything
  therein contained. No existing right or remedy of any character shall be
  lost or impaired or affected by such enactment.
    * NB Effective until June 16, 2019
    * § 17. Short title. This act shall be known and may be cited  as  the
  emergency housing rent control law.
    * NB Effective until June 16, 2019

  
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Last modified: September 11, 2016