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New York Emergency Tenant Protection Act 576/74

§   4.  The  emergency  tenant  protection  act  of  nineteen  hundred
  seventy-four is hereby enacted to read as follows:
 
                      * EMERGENCY TENANT PROTECTION ACT
                          OF NINETEEN SEVENTY-FOUR
 
  Section 1.    Short title.
          2.    Legislative finding.
          3.    Local determination of emergency; end of emergency.
          4.    Establishment of rent guidelines boards; duties.
          5.    Housing accommodations subject to regulation.
          5-a.  High income rent deregulation.
          6.    Regulation of rents.
          7.    Maintenance of services.
          8.    Administration.
          9.    Application for  adjustment  of  initial  legal  regulated
                  rent.
          10.   Regulations.
          10-a. Right to sublease.
          11.   Non-waiver of rights.
          12.   Enforcement and procedures.
          12-a. Rent registration.
          13.   Cooperation with other governmental agencies.
          14.   Application of act.
            * NB Expires June 16, 2019
            * Section  1.  Short title. This act shall be known and may be
          cited as  the  "emergency  tenant  protection  act  of  nineteen
          seventy-four".
            * NB Expires June 16, 2019
            * §  2.  Legislative finding. The legislature hereby finds and
          declares 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 at its inception  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
          in  many  areas  of  the  state  an  acute  shortage  of housing
          accommodations caused by continued high demand, attributable  in
          part  to new household formations and decreased supply, in large
          measure  attributable  to  reduced   availability   of   federal
          subsidies,   and  increased  costs  of  construction  and  other
          inflationary factors;  that  a  substantial  number  of  persons
          residing  in  housing not presently subject to the provisions of
          the emergency housing rent control law or  the  local  emergency
          housing  rent  control  act  are  being  charged  excessive  and
          unwarranted rents and rent increases; that preventive action  by
          the  legislature  continues to be imperative in order to prevent
          exaction 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, safety and general welfare; that  in  order  to  prevent
          uncertainty,  hardship  and  dislocation, the provisions of this
          act are necessary and designed to  protect  the  public  health,
          safety  and general welfare; that the transition from regulation
          to a normal market  of  free  bargaining  between  landlord  and
          tenant,  while the ultimate objective of state policy, must take
          place with due regard for such emergency; and  that  the  policy

          herein  expressed  shall  be  subject  to  determination  of the
          existence of a public  emergency  requiring  the  regulation  of
          residential  rents within any city, town or village by the local
          legislative body of such city, town or village.
            * NB Expires June 16, 2019
            * §  3. Local determination of emergency; end of emergency. a.
          The existence of public emergency requiring  the  regulation  of
          residential  rents  for  all  or any class or classes of housing
          accommodations, including 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  and on which plot or parcel of land
          there exists a dwelling owned and occupied by a tenant  of  such
          plot or parcel, heretofore destabilized; heretofore or hereafter
          decontrolled,  exempt,  not subject to control, or exempted from
          regulation and control under the  provisions  of  the  emergency
          housing  rent  control  law,  the  local  emergency housing rent
          control act or the New  York  city  rent  stabilization  law  of
          nineteen  hundred  sixty-nine;  or  subject  to stabilization or
          control under such rent stabilization law, shall be a matter for
          local determination within each city, town or village. Any  such
          determination  shall  be  made  by the local legislative body of
          such city, town or village on the basis of the supply of housing
          accommodations within such city, town or village, the  condition
          of   such   accommodations  and  the  need  for  regulating  and
          controlling residential rents within such city, town or village.
          A declaration of emergency may  be  made  as  to  any  class  of
          housing  accommodations  if  the  vacancy  rate  for the housing
          accommodations in such class within such municipality is not  in
          excess  of  five  percent  and a declaration of emergency may be
          made as to all housing accommodations if the  vacancy  rate  for
          the  housing  accommodations  within such municipality is not in
          excess of five percent.
            b. The local governing body of a city, town or village  having
          declared  an emergency pursuant to subdivision a of this section
          may at  any  time,  on  the  basis  of  the  supply  of  housing
          accommodations  within such city, town or village, the condition
          of such accommodations and the need for continued regulation and
          control of residential rents within such  municipality,  declare
          that  the emergency is either wholly or partially abated or that
          the regulation of rents pursuant to this act does not  serve  to
          abate  such  emergency and thereby remove one or more classes of
          accommodations from regulation under  this  act.  The  emergency
          must  be  declared  at an end once the vacancy rate described in
          subdivision a of this section exceeds five percent.
            c.  No  resolution  declaring  the  existence  or  end  of  an
          emergency,  as  authorized  by  subdivisions  a  and  b  of this
          section, may be adopted except after public hearing held on  not
          less  than ten days public notice, as the local legislative body
          may reasonably provide.
            * NB Expires June 16, 2019
            * § 4. Establishment of rent guidelines boards; duties. a.  In
          each  county  wherein  any city having a population of less than
          one million or any town or village has determined the  existence
          of  an  emergency  pursuant  to section three of this act, there
          shall be created a rent guidelines  board  to  consist  of  nine
          members  appointed  by the commissioner of housing and community
          renewal upon recommendation  of  the  county  legislature  which

          recommendation  shall be made within thirty days after the first
          local declaration of an  emergency  in  such  county;  two  such
          members  shall  be  representative  of  tenants,  two  shall  be
          representative  of  owners of property, and five shall be public
          members each  of  whom  shall  have  had  at  least  five  years
          experience  in  either finance, economics or housing. One public
          member shall be designated  by  the  commissioner  to  serve  as
          chairman  and  shall  hold  no  other  public office. No member,
          officer or employee of any municipal rent regulation  agency  or
          the  state  division  of  housing  and  community renewal and no
          person who owns or manages real estate covered by  this  law  or
          who  is  an  officer  of  any owner or tenant organization shall
          serve on a rent guidelines board. One public member, one  member
          representative  of  tenants  and  one  member  representative of
          owners shall serve for a term  ending  two  years  from  January
          first  next succeeding the date of their appointment; one public
          member, one member representative  of  tenants  and  one  member
          representative  of  owners  shall  serve  for terms ending three
          years from the January first next succeeding the date  of  their
          appointment  and  three  public  members  shall  serve for terms
          ending four years from January first next succeeding  the  dates
          of  their appointment.   Thereafter, all members shall serve for
          terms of four years each.   Members  shall  continue  in  office
          until  their  successors  have been appointed and qualified. The
          commissioner shall fill any vacancy which may occur by reason of
          death, resignation or otherwise in a manner consistent with  the
          original   appointment.   A   member   may  be  removed  by  the
          commissioner for cause, but not without  an  opportunity  to  be
          heard  in  person  or  by counsel, in his defense, upon not less
          than ten days notice. Compensation for the members of the  board
          shall be at the rate of one hundred dollars per day, for no more
          than  twenty  days  a  year,  except  that the chairman shall be
          compensated at the rate of one hundred twenty-five dollars a day
          for no more than thirty days a year. The board shall be provided
          staff assistance  by  the  division  of  housing  and  community
          renewal. The compensation of such members and the costs of staff
          assistance  shall  be  paid  by  the  division  of  housing  and
          community renewal  which  shall  be  reimbursed  in  the  manner
          prescribed  in  section  four of this act. The local legislative
          body of each city having a population of less than  one  million
          and  each  town  and  village  in  which  an  emergency has been
          determined to exist as herein provided shall  be  authorized  to
          designate  one person who shall be representative of tenants and
          one person who shall be representative of owners of property  to
          serve  at  its  pleasure  and without compensation to advise and
          assist the county rent guidelines board in matters affecting the
          adjustment of rents for housing  accommodations  in  such  city,
          town or village as the case may be.
            b.  A  county  rent  guidelines board shall establish annually
          guidelines for rent adjustments which, at  its  sole  discretion
          may be varied and different for and within the several zones and
          jurisdictions of the board, and in determining whether rents for
          housing  accommodations  as  to  which  an  emergency  has  been
          declared pursuant to this act shall be adjusted, shall  consider
          among other things (1) the economic condition of the residential
          real estate industry in the affected area including such factors
          as  the prevailing and projected (i) real estate taxes and sewer
          and  water  rates,  (ii)  gross  operating   maintenance   costs

          (including  insurance rates, governmental fees, cost of fuel and
          labor  costs),  (iii)  costs  and  availability   of   financing
          (including effective rates of interest), (iv) over-all supply of
          housing  accommodations and over-all vacancy rates, (2) relevant
          data from the current and projected cost of living  indices  for
          the  affected area, (3) such other data as may be made available
          to it. As soon as practicable after its creation and  thereafter
          not  later than July first of each year, a rent guidelines board
          shall file with the state  division  of  housing  and  community
          renewal  its findings for the preceding calendar year, and shall
          accompany such findings with a statement of the maximum rate  or
          rates  of  rent  adjustment,  if any, for one or more classes of
          accommodation subject to this  act,  authorized  for  leases  or
          other  rental  agreements  commencing during the next succeeding
          twelve  months.  The  standards  for  rent  adjustments  may  be
          applicable  for  the entire county or may be varied according to
          such zones or jurisdictions within  such  county  as  the  board
          finds necessary to achieve the purposes of this subdivision.
            The  standards for rent adjustments established annually shall
          be effective for leases commencing on October first of each year
          and during the next succeeding twelve months whether or not  the
          board  has  filed its findings and statement of the maximum rate
          or rates of rent adjustment by July first of each year. If  such
          lease  is  entered  into before such filing by the board, it may
          provide for the rent to be adjusted by the rates then in effect,
          subject to change by the applicable  rates  of  rent  adjustment
          when  filed,  such  change to be effective as of the date of the
          commencement of the lease. Said lease must provide that, if  the
          new  rates  of  rent  adjustment  differ for leases of different
          terms, the tenant has the option of changing the original  lease
          term  to  any  other term for which a rate of rent adjustment is
          set by the board, with the rental to be adjusted accordingly.
            Where a city, town or  village  shall  act  to  determine  the
          existence  of public emergency pursuant to section three of this
          act subsequent to the establishment  of  annual  guidelines  for
          rent  adjustments of the accommodations subject to this act, the
          rent guidelines board as soon as  practicable  thereafter  shall
          file  its  findings  and  rates of rent adjustment for leases or
          other rental agreements for the housing accommodations in such a
          city, town or village, which rates shall be effective for leases
          or other rental agreements commencing on or after the  effective
          date of the determination.
            c.  In  a city having a population of one million or more, the
          rent  guidelines  board  shall  be  the  rent  guidelines  board
          established pursuant to the New York city rent stabilization law
          of  nineteen hundred sixty-nine as amemded, and such board shall
          have the powers granted pursuant  to  the  New  York  city  rent
          stabilization law of nineteen hundred sixty-nine as amended.
            d.  Maximum  rates of rent adjustment shall not be established
          more than once annually for any housing accommodation  within  a
          board's  jurisdiction.  Once  established,  no  such rate shall,
          within the  one-year  period,  be  adjusted  by  any  surcharge,
          supplementary adjustment or other modification.
            * NB Expires June 16, 2019
            * §  5.  Housing  accommodations  subject  to regulation. a. A
          declaration of emergency may be made pursuant to  section  three
          as to all or any class or classes of housing accommodations in a
          municipality, except:

            (1)  housing  accommodations  subject to the emergency housing
          rent control law, or the local emergency  housing  rent  control
          act,  other  than housing accommodations subject to the New York
          city rent stabilization law of nineteen hundred sixty-nine;
            (2)  housing  accommodations  owned  or operated by the United
          States, the state of New York, any political subdivision, agency
          or instrumentality  thereof,  any  municipality  or  any  public
          housing authority;
            (3)  housing  accommodations in buildings in which rentals are
          fixed by or subject to the supervision of the state division  of
          housing  and  community renewal under other provisions of law or
          the  New  York  city  department  of  housing  preservation  and
          development or the New York state urban development corporation,
          or, to the extent that regulation under this act is inconsistent
          therewith  aided  by government insurance under any provision of
          the National Housing Act;
            (4) (a) housing accommodations in a building containing  fewer
          than  six  dwelling units, other than any plot or parcel of land
          in cities having a population of one million or more  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   and   heretofore  or  hereafter
          decontrolled, exempt, not subject to control  or  exempted  from
          regulation  and  control  under  the provisions of the emergency
          housing rent control law or the  local  emergency  housing  rent
          control  act  and on which plot or parcel of land there exists a
          dwelling owned and occupied by a tenant of such plot or parcel;
            (b) for purposes of this paragraph four, a building  shall  be
          deemed  to contain six or more dwelling units if it is part of a
          multiple  family   garden-type   maisonette   dwelling   complex
          containing  six  or more dwelling units having common facilities
          such as a sewer line, water main or heating plant  and  operated
          as   a   unit   under  common  ownership,  notwithstanding  that
          certificates of occupancy were issued for  portions  thereof  as
          one- or two-family dwellings.
            (5) housing accommodations in buildings completed or buildings
          substantially  rehabilitated as family units on or after January
          first, nineteen hundred seventy-four;
            (6) housing accommodations owned or operated  by  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 other
          than those accommodations occupied by a tenant on the date  such
          housing  accommodation  is  acquired by any such institution, or
          which  are  occupied  subsequently  by  a  tenant  who  is   not
          affiliated  with  such  institution  at  the time of his initial
          occupancy;
            (7) rooms or other housing  accommodations  in  hotels,  other
          than  hotel  accommodations in cities having a population of one
          million or more not occupied on a transient basis and heretofore
          subject to the emergency housing rent  control  law,  the  local
          emergency  housing rent control act or to the New York city rent
          stabilization law of nineteen hundred sixty-nine;
            (8) 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;

            The  term  "motor  court"  shall mean an establishment renting
          rooms,  cottages  or  cabins,  supplying  parking   or   storage
          facilities  for  motor  vehicles in connection with such renting
          and other services and facilities customarily supplied  by  such
          establishments,  and  commonly  known  as motor, auto or tourist
          court in the community.
            The term "tourist home"  shall  mean  a  rooming  house  which
          caters  primarily  to transient guests and is known as a tourist
          home in the community.
            (9)  non-housekeeping,   furnished   housing   accommodations,
          located  within  a single dwelling unit not used as a rooming or
          boarding house, but only if:
            (a) 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
            (b) the remaining portion of such dwelling unit is occupied by
          the landlord or his immediate family.
            (10)  housing accommodations in buildings operated exclusively
          for charitable purposes on a non-profit basis;
            (11) housing accommodations which  are  not  occupied  by  the
          tenant,  not  including  subtenants  or occupants, as his or her
          primary  residence,  as  determined  by  a  court  of  competent
          jurisdiction. 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.  For
          the purposes of this paragraph, where a housing accommodation is
          rented   to  a  not-for-profit  hospital  for  residential  use,
          affiliated subtenants authorized to use such  accommodations  by
          such  hospital  shall  be  deemed  to  be  tenants. No action or
          proceeding shall be commenced seeking to recover  possession  on
          the  ground  that a housing accommodation is not occupied by the
          tenant as his or her  primary  residence  unless  the  owner  or
          lessor  shall have given thirty days notice to the tenant of his
          or her intention to commence such action or proceeding  on  such
          grounds.
            (12)  upon  issuance  of  an  order  by  the division, housing
          accommodations which are: (1) occupied by  persons  who  have  a
          total annual income as defined in and subject to the limitations
          and process set forth in section five-a of this act in excess of
          the  deregulation income threshold, as defined in section five-a
          of this act, in each of the two preceding  calendar  years;  and
          (2)  have  a  legal  regulated  rent  that equals or exceeds the
          deregulation rent threshold, as defined  in  section  five-a  of
          this  act. Provided however, that this exclusion shall not apply
          to housing accommodations which became or become subject to this
          act (a) by virtue of receiving tax benefits pursuant to  section
          four  hundred  twenty-one-a  or  four hundred eighty-nine of the
          real  property  tax  law,  except  as  otherwise   provided   in
          subparagraph  (i) of paragraph (f) of subdivision two of section
          four hundred twenty-one-a of the real property tax law,  or  (b)
          by virtue of article seven-C of the multiple dwelling law.
            (13)  any housing accommodation with a legal regulated 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  legal  regulated  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 legal regulated 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. An exclusion
          pursuant to this paragraph 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 a month. Provided however, that an exclusion pursuant to
          this  paragraph  shall not apply to housing accommodations which
          became or become subject to this act (a) by virtue of  receiving
          tax  benefits  pursuant  to section four hundred twenty-one-a or
          four hundred eighty-nine of the real property tax law, except as
          otherwise provided in  subparagraph  (i)  of  paragraph  (f)  of
          subdivision two of section four hundred twenty-one-a of the real
          property  tax  law,  or  (b) by virtue of article seven-C of the
          multiple dwelling law. 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  act
          shall also apply.
            (14)  (i)  housing  accommodations  owned  as a cooperative or
          condominium unit which are or become  vacant  on  or  after  the
          effective  date of this paragraph, except that this subparagraph
          shall not apply to  units  occupied  by  non-purchasing  tenants
          under   section  three  hundred  fifty-two-eee  of  the  general
          business law until  the  occurrence  of  a  vacancy.  (ii)  This
          paragraph  shall not apply, however, to or become effective with
          respect  to  housing  accommodations  which   the   commissioner
          determines  or finds the landlord or any person acting on his or
          her behalf, with intent to cause the tenant to  vacate,  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.  In
          connection  with  such  course  of  conduct  any  other  general
          enforcement provision of this act shall also apply;
            b.  Notwithstanding  any  other  provision  of  this  section,
          nothing  shall  prevent the declaration of an emergency pursuant
          to section three of this act for rental  housing  accommodations
          located  in  buildings  or  structures  which are subject to the
          provisions of article eighteen of the  private  housing  finance
          law.
            * NB Expires June 16, 2019
            * § 5-a. High income rent deregulation. (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  whose  names  are  recited  as  the  tenant  or
          co-tenant  on  a  lease who occupy the housing accommodation and
          all other persons that 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 tenant or co-tenant recited on the lease who  will  reoccupy
          the  housing  accommodation  upon the expiration of the sublease
          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 before 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  legal
          regulated  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 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
          legal   regulated  monthly  rent  that  equals  or  exceeds  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 providing that such
          housing accommodation shall not be subject to the provisions  of
          this  act  upon the expiration of the existing lease.  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 named  on  the  lease  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  being  issued by the division providing that such housing
          accommodations shall not be subject to the  provisions  of  this
          act.
            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
          providing  that  such housing accommodation shall not be subject
          to the provisions of this act upon expiration  of  the  existing
          lease.  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  providing  that  such  housing
          accommodation shall not be subject to the provisions of this act
          upon  the  expiration of the current lease. 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  twelve  of
          subdivision a of section five of this act.
            (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 Expires June 16, 2019
            * §  6. Regulation of rents. a. Notwithstanding the provisions
          of any lease or other rental agreement, no owner  shall,  on  or
          after  the  first  day of the first month or other rental period
          following a declaration of emergency pursuant to section  three,
          which  date  shall  be  referred  to  in  this  act as the local
          effective date, charge or collect any  rent  in  excess  of  the
          initial legal regulated rent or adjusted initial legal regulated
          rent  until  such time as a different legal regulated rent shall
          be  authorized  pursuant  to  guidelines  adopted  by   a   rent
          guidelines board pursuant to section four.
            b.   The   initial   legal   regulated   rents   for   housing
          accommodations in a city having a population of  less  than  one
          million  or  a  town  or  village  as  to which a declaration of
          emergency has been made pursuant to this act shall be:
            (1)  For  housing  accommodations  subject  to  the  emergency
          housing  rent  control  law  which become vacant on or after the
          local effective date of this act, the  rent  agreed  to  by  the
          landlord  and the tenant and reserved in a lease or provided for
          in  a  rental  agreement;  provided  that  such  initial   legal
          regulated  rent  may  be adjusted on application of the owner or
          tenant pursuant to subdivision a of section nine  of  this  act;
          and  provided further that no increase of such initial regulated
          rent  pursuant  to  annual  guidelines  adopted  by   the   rent

          guidelines  board shall become effective until the expiration of
          the first lease or rental  agreement  taking  effect  after  the
          local  effective  date, but in no event before one year from the
          commencement of such rental agreement.
            (2) For all other housing accommodations, the rent reserved in
          the  last  effective  lease  or other rental agreement; provided
          that an initial rent based upon the rent reserved in a lease  or
          other  rental  agreement  which  became  effective  on  or after
          January first, nineteen hundred seventy-four may be adjusted  on
          application  of  the tenant pursuant to subdivision b of section
          nine of this act or on application of either the owner or tenant
          pursuant to subdivision a of such section; and further  provided
          that  if a lease is entered into for such housing accommodations
          after the local effective date, but before the effective date of
          the first guidelines  applicable  to  such  accommodations,  the
          lease  may  provide  for  an adjustment of rent pursuant to such
          guidelines, to be effective on the first day of the  month  next
          succeeding the effective date of such guidelines.
            c.   The   initial   legal   regulated   rents   for   housing
          accommodations in a city having a population of one  million  or
          more  shall  be the initial rent established pursuant to the New
          York city rent stabilization law of nineteen hundred  sixty-nine
          as amended.
            d.  Provision shall be made pursuant to regulations under this
          act for individual adjustment of rents where:
            (1) 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,
          on written tenant consent to the rent increase. In the case of a
          vacant  housing  accommodation,  tenant  consent  shall  not  be
          required. The permanent increase in the legal regulated 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 paragraph 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.
            (2)  there  has  been  since  January  first, nineteen hundred
          seventy-four an increase in the  rental  value  of  the  housing
          accommodations  as  a  result of a substantial rehabilitation of
          the  building  or  the  housing  accommodation   therein   which
          materially  adds  to  the  value  of the property or appreciably
          prolongs its life, excluding ordinary repairs, maintenance,  and
          replacements, or
            (3)  there  has  been  since  January  first, nineteen hundred
          seventy-four  a  major  capital  improvement  required  for  the
          operation,  preservation  or  maintenance  of  the structure. An
          adjustment under this paragraph shall be in an amount sufficient

          to amortize the  cost  of  the  improvements  pursuant  to  this
          paragraph   over  an  eight-year  period  for  a  building  with
          thirty-five or fewer  housing  accommodations,  or  a  nine-year
          period  for  a  building  with  more  than  thirty-five  housing
          accommodations, for any determination issued by the division  of
          housing  and  community  renewal after the effective date of the
          rent act of 2015, or
            (4) an owner by application to the state division  of  housing
          and  community  renewal  for increases in the rents in excess of
          the rent adjustment authorized  by  the  rent  guidelines  board
          under  this  act  establishes a hardship, and the state division
          finds that the rate of rent  adjustment  is  not  sufficient  to
          enable  the  owner  to  maintain  approximately  the  same ratio
          between operating expenses, including taxes and labor costs  but
          excluding  debt  service,  financing costs, and management fees,
          and  gross  rents  which  prevailed  on  the  average  over  the
          immediate  preceding five year period, or for the entire life of
          the building if less than five years, or
            (5) as an alternative to  the  hardship  application  provided
          under  paragraph  four  of this subdivision, owners of buildings
          acquired by the same owner or a related entity owned by the same
          principals three years prior to  the  date  of  application  may
          apply  to  the  division for increases in excess of the level of
          applicable guideline increases established under this law  based
          on  a  finding by the commissioner that such guideline increases
          are not sufficient to enable the owner  to  maintain  an  annual
          gross  rent  income  for  such building which exceeds the annual
          operating expenses of such building by a sum equal to  at  least
          five  percent  of  such  gross  rent.  For  the purposes of this
          paragraph, operating  expenses  shall  consist  of  the  actual,
          reasonable,  costs  of fuel, labor, utilities, taxes, other than
          income or corporate franchise taxes,  fees,  permits,  necessary
          contracted  services  and  non-capital repairs, insurance, parts
          and supplies, management fees and other administrative costs and
          mortgage interest. For the purposes of this paragraph,  mortgage
          interest  shall  be  deemed  to  mean  interest  on  a bona fide
          mortgage including  an  allocable  portion  of  charges  related
          thereto.    Criteria to be considered in determining a bona fide
          mortgage other than an  institutional  mortgage  shall  include;
          condition  of  the  property,  location  of  the  property,  the
          existing mortgage market at the time the mortgage is placed, the
          term of the  mortgage,  the  amortization  rate,  the  principal
          amount  of the mortgage, security and other terms and conditions
          of the mortgage. The commissioner shall set a rental  value  for
          any  unit occupied by the owner or a person related to the owner
          or unoccupied at the owner's choice for more than one  month  at
          the  last  regulated  rent plus the minimum number of guidelines
          increases or, if no such regulated rent existed or is known, the
          commissioner shall impute a rent consistent with other rents  in
          the  building.  The amount of hardship increase shall be such as
          may be required to maintain the  annual  gross  rent  income  as
          provided  by  this  paragraph.  The  division  shall not grant a
          hardship application under this paragraph or paragraph  four  of
          this  subdivision  for  a  period  of  three years subsequent to
          granting a hardship application under  the  provisions  of  this
          paragraph.  The  collection  of any increase in the rent for any
          housing accommodation  pursuant  to  this  paragraph  shall  not
          exceed  six  percent  in any year from the effective date of the

          order granting the increase over  the  rent  set  forth  in  the
          schedule  of  gross  rents,  with  collectability  of any dollar
          excess above said sum to be spread forward in similar increments
          and  added to the rent as established or set in future years. No
          application shall be approved unless the owner's equity in  such
          building  exceeds  five percent of: (i) the arms length purchase
          price of the property; (ii) the cost of any capital improvements
          for which the owner has not collected  a  surcharge;  (iii)  any
          repayment  of  principal of any mortgage or loan used to finance
          the purchase of the property or  any  capital  improvements  for
          which  the  owner  has  not  collected a surcharge; and (iv) any
          increase in the equalized assessed value of the  property  which
          occurred subsequent to the first valuation of the property after
          purchase  by  the  owner.  For  the  purposes of this paragraph,
          owner's equity shall mean the sum of (i) the purchase  price  of
          the  property less the principal of any mortgage or loan used to
          finance the purchase of the  property,  (ii)  the  cost  of  any
          capital  improvement  for  which  the  owner has not collected a
          surcharge less the principal of any mortgage  or  loan  used  to
          finance  said  improvement, (iii) any repayment of the principal
          of any mortgage or loan used to  finance  the  purchase  of  the
          property  or any capital improvement for which the owner has not
          collected a surcharge, and (iv) any increase  in  the  equalized
          assessed  value of the property which occurred subsequent to the
          first valuation of the property after purchase by the owner.
            This subdivision shall apply to accommodations outside a  city
          of one million or more.
            e. Notwithstanding any contrary provisions of this act, on and
          after   July  first,  nineteen  hundred  eighty-four  the  legal
          regulated rent shall be the rent registered pursuant to  section
          twelve-a  of  this  act  subject  to  any  modification  imposed
          pursuant to this act.
            f. Notwithstanding any inconsistent provision  of  law,  rule,
          regulation,  contract,  agreement, lease or other obligation, no
          owner, in addition to the authorized collection of  rent,  shall
          demand,  receive or retain a security deposit or advance payment
          which exceeds the rent of one month for or  in  connection  with
          the  use  or  occupancy  of  a  housing accommodation by (i) any
          tenant who is sixty-five years of age or older for any lease  or
          lease renewal entered into after July 1, 1996 or (ii) any tenant
          who  is receiving disability retirement benefits or supplemental
          security income pursuant to the federal social security act  for
          any lease or lease renewal entered into after July 1, 2002.
            g.  Notwithstanding  any provision of this act to the contrary
          in the case where all tenants named in a lease have  permanently
          vacated  a  housing  accommodation  and  a family member of such
          tenant or tenants is entitled to and executes  a  renewal  lease
          for the housing accommodation if such accommodation continues to
          be  subject to this act after such family member vacates, on the
          occurrence of such vacancy the legal  regulated  rent  shall  be
          increased  by  a  sum  equal to the allowance then in effect for
          vacancy leases, including  the  amount  allowed  by  subdivision
          (a-1)  of  section  ten  of  this act. Such increase shall be in
          addition to  any  other  increases  provided  for  in  this  act
          including  an adjustment based upon a major capital improvement,
          or a substantial modification or increase of dwelling  space  or
          services,  or  installation  of new equipment or improvements or
          new furniture or furnishings  provided  in  or  to  the  housing

          accommodation,  pursuant to section six of this act and shall be
          applicable in like manner to each second subsequent succession.
            * NB Expires June 16, 2019
            * §  7. Maintenance of services. a. In order to collect a rent
          adjustment authorized pursuant to the provisions of  subdivision
          b  of  section four, the owner of housing accommodations subject
          to this act located in a city having a population of  less  than
          one  million  or  a  town  or  village  must file with the state
          division of housing and community renewal on  a  form  which  it
          shall  prescribe, a written certification that he is maintaining
          and will continue to maintain all services furnished on the date
          upon which this act becomes a law or required to be furnished by
          any law, ordinance or regulation applicable to the premises.  In
          addition  to  any  other  remedy afforded by law, any tenant may
          apply to the state division of housing and community renewal for
          a reduction in the rent to the level in effect prior to its most
          recent  adjustment,  and  the  state  division  of  housing  and
          community  renewal  may  so reduce the rent if it finds that the
          owner has failed to maintain such services. The owner  shall  be
          supplied  with  a copy of the application and shall be permitted
          to file an answer thereto.  A  hearing  may  be  held  upon  the
          request  of  either  party, or the state division of housing and
          community renewal may hold a hearing upon its  own  motion.  The
          state  division of housing and community renewal may consolidate
          the proceedings for two or more petitions applicable to the same
          building. If the state division of housing and community renewal
          finds that the owner has knowingly filed a false  certification,
          it shall, in addition to abating the rent, assess the owner with
          the  reasonable  costs  of  the proceeding, including reasonable
          attorneys' fees, and impose a  penalty  not  in  excess  of  two
          hundred  fifty  dollars for each false certification. The amount
          of the reduction in  rent  ordered  by  the  state  division  of
          housing  and  community  renewal under this subdivision 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.
            b.  In  order to collect a rent adjustment authorized pursuant
          to the provisions of subdivision c of section four, the owner of
          housing accommodations located in a city having a population  of
          more  than  one  million shall comply with the requirements with
          respect to the maintenance of services of the New York city rent
          stabilization law of nineteen hundred sixty-nine.
            * NB Expires June 16, 2019
            * § 8. Administration. a. Whenever a city having a  population
          of  less  than  one million, or a town or village has determined
          the existence of an emergency pursuant to section three of  this
          act,  the  state division of housing and community renewal shall
          be designated as the sole administrative  agency  to  administer
          the regulation of residential rents as provided in this act. The
          costs  incurred  by  the state division of housing and community
          renewal in administering such regulation shall be paid  by  such
          city,  town or village. Such local resolution shall forthwith be
          transmitted to the  state  division  of  housing  and  community
          renewal  and  shall  be  accompanied by an initial payment in an
          amount previously determined by the commissioner of housing  and
          community   renewal   as  necessary  to  defray  the  division's
          anticipated first year cost.  Thereafter,  annually,  after  the

          close  of  the  fiscal  year  of  the state, the commissioner of
          housing and community renewal shall determine the amount of  all
          costs  incurred  and  shall  certify  to each such city, town or
          village  its  proportionate  share  of  such  costs, after first
          deducting therefrom the amount  of  such  initial  payment.  The
          amount  so  certified  shall be paid to the commissioner by such
          city, town or village within ninety days after  the  receipt  of
          such  certification. In the event that the amount thereof is not
          paid to the commissioner as herein prescribed, the  commissioner
          shall  certify  the  unpaid  amount  to the comptroller, and the
          comptroller shall withhold such amount from the next  succeeding
          payment of per capita assistance to be apportioned to such city,
          town or village.
            b. The legislative body of any city, town or village acting to
          impose   regulation   of   residential  rents  pursuant  to  the
          provisions of this act may impose on the owner of every building
          containing housing accommodations subject to such regulation  an
          annual  charge  for each such accommodation in such amount as it
          determines to be necessary for the expenses to  be  incurred  in
          the administration of such regulation.
            c.  Whenever a city having a population of one million or more
          has determined the existence of an emergency pursuant to section
          three of this act, the provisions of this act and the  New  York
          city rent stabilization law of nineteen hundred sixty-nine shall
          be  administered  by the state division of housing and community
          renewal as provided in the New York city rent stabilization  law
          of  nineteen  hundred  sixty-nine,  as  amended, or as otherwise
          provided by law. The costs incurred by  the  state  division  of
          housing  and  community renewal in administering such regulation
          shall be paid by such city. All payments for such administration
          shall be transmitted  to  the  state  division  of  housing  and
          community  renewal  as  follows: on or after April first of each
          year commencing with April, nineteen  hundred  eighty-four,  the
          commissioner of housing and community renewal shall determine an
          amount  necessary  to  defray  the division's anticipated annual
          cost, and one-quarter of such amount shall be paid by such  city
          on or before July first of such year, one-quarter of such amount
          on  or  before  October  first of such year, one-quarter of such
          amount on or before January first  of  the  following  year  and
          one-quarter  of  such  amount on or before March thirty-first of
          the following year. After the close of the fiscal  year  of  the
          state, the commissioner shall determine the amount of all actual
          costs incurred in such fiscal year and shall certify such amount
          to  such  city.  If  such certified amount shall differ from the
          amount paid by  the  city  for  such  fiscal  year,  appropriate
          adjustments  shall  be  made in the next quarterly payment to be
          made by such city. In the event that the amount thereof  is  not
          paid  to the commissioner as herein prescribed, the commissioner
          shall certify the unpaid amount  to  the  comptroller,  and  the
          comptroller  shall,  to  the  extent not otherwise prohibited by
          law, withhold such amount from any state  aid  payable  to  such
          city.  In no event shall the amount imposed on the owners exceed
          ten dollars per unit per year.
            d. The failure to pay the prescribed assessment not to  exceed
          ten  dollars  per  unit for any housing accommodation subject to
          this act or the New York city rent stabilization law of nineteen
          hundred sixty-nine shall constitute a charge due and owing  such
          city,  town  or  village  which has imposed an annual charge for

          each such housing accommodation pursuant  to  subdivision  b  of
          this section. Any such city, town or village shall be authorized
          to provide for the enforcement of the collection of such charges
          by  commencing  an action or proceeding for the recovery of such
          fees or by the filing of a lien upon the building and lot.  Such
          methods  for  the  enforcement of the collection of such charges
          shall be the sole remedy for the enforcement of this section.
            e. The division shall maintain at least  one  office  in  each
          county  which  is  governed  by  the  rent  stabilization law of
          nineteen hundred sixty-nine or this act; provided, however, that
          the division shall not be required to maintain an office in  the
          counties of Nassau, Rockland, or Richmond.
            * NB Expires June 16, 2019
            * §  9.  Application for adjustment of initial legal regulated
          rent. a.   The  owner  or  tenant  of  a  housing  accommodation
          described  in  paragraph  one or two of subdivision b of section
          six may, within sixty days of the local effective date  of  this
          act  or  the  commencement  of  the  first  tenancy  thereafter,
          whichever is later, file with the state division of housing  and
          community  renewal  an application for adjustment of the initial
          legal regulated rent for such housing accommodation.  The  state
          division  of  housing  and  community  renewal  may  adjust such
          initial legal regulated rent upon a finding that the presence of
          unique  or  peculiar  circumstances  materially  affecting   the
          initial  legal  regulated  rent  has resulted in a rent which is
          substantially different from the rents generally  prevailing  in
          the same area for substantially similar housing accommodations.
            b.   The  tenant  of  a  housing  accommodation  described  in
          paragraph two, subdivision b, of section six may file  with  the
          state  division  of housing and community renewal, within ninety
          days after notice has been received pursuant to subdivision c of
          this section, an application for adjustment of the initial legal
          regulated rent for such housing accommodation. Such tenant  need
          only  allege that such rent is in excess of the fair market rent
          and  shall  present  such  facts  which,  to  the  best  of  his
          information  and  belief,  support  such  allegation.  The  rent
          guidelines board shall promulgate as soon as  practicable  after
          its  creation  guidelines  for  the determination of fair market
          rents for housing accommodations as to which an application  may
          be   made   pursuant   to   this  subdivision.  In  rendering  a
          determination  on  an  application  filed   pursuant   to   this
          subdivision  b,  the  state  division  of  housing and community
          renewal shall be guided by  such  guidelines.  Where  the  state
          division  of  housing  and community renewal has determined that
          the rent charged is in excess of the fair market rent  it  shall
          order a refund, of any excess paid since January first, nineteen
          hundred  seventy-four  or  the  date  of the commencement of the
          tenancy, whichever is later. Such refund shall be  made  by  the
          landlord  in  cash  or  as  a credit against future rents over a
          period not in excess of six months.
            c. Upon receipt of any  application  filed  pursuant  to  this
          section  nine,  the  state  division  of  housing  and community
          renewal shall notify the owner or tenant, as the  case  may  be,
          and  provide  a  copy  to him of such application. Such owner or
          tenant shall be afforded a reasonable opportunity to respond  to
          the  application.  A  hearing  may  be  held upon the request of
          either party, or the division may hold  a  hearing  on  its  own

          motion.  The  division shall issue a written opinion to both the
          tenant and the owner upon rendering its determination.
            d.  Within  thirty days after the local effective date of this
          act the owner of housing accommodations described  in  paragraph
          two  of  subdivision  b of section six, as to which an emergency
          has been declared pursuant to this act,  shall  give  notice  in
          writing  by  certified  mail  to the tenant of each such housing
          accommodation on a form prescribed  by  the  state  division  of
          housing  and  community  renewal  of the initial legal regulated
          rent for such housing accommodation and of such  tenant's  right
          to  file  an  application  for  adjustment  of the initial legal
          regulated rent of such housing accommodation.
            e.   The   initial   legal   regulated   rents   for   housing
          accommodations  in  a city having a population of one million or
          more shall be subject  to  adjustment  in  accordance  with  the
          provisions  of  the  New  York  city  rent  stabilization law as
          amended.
            * NB Expires June 16, 2019
            * § 10. Regulations. a. For cities having a population of less
          than one million and towns and villages, the state  division  of
          housing  and  community  renewal shall be empowered to implement
          this  act  by  appropriate  regulations.  Such  regulations  may
          encompass  such speculative or manipulative practices or renting
          or leasing practices  as  the  state  division  of  housing  and
          community  renewal  determines constitute or are likely to cause
          circumvention of  this  act.  Such  regulations  shall  prohibit
          practices  which are likely to prevent any person from asserting
          any right or remedy granted  by  this  act,  including  but  not
          limited  to  retaliatory  termination  of periodic tenancies and
          shall require owners to grant a new one or two year  vacancy  or
          renewal  lease  at  the  option  of  the  tenant, except where a
          mortgage  or  mortgage  commitment  existing  as  of  the  local
          effective  date  of  this  act provides that the owner shall not
          grant a one-year  lease;  and  shall  prescribe  standards  with
          respect  to  the terms and conditions of new and renewal leases,
          additional rent and such related matters as  security  deposits,
          advance  rental payments, the use of escalator clauses in leases
          and provision for increase in  rentals  for  garages  and  other
          ancillary  facilities,  so  as  to insure that the level of rent
          adjustments authorized under this law will not be subverted  and
          made ineffective. Any provision of the regulations permitting an
          owner to refuse to renew a lease on grounds that the owner seeks
          to  recover  possession of the housing accommodation for his own
          use and occupancy or for the use and occupancy of his  immediate
          family  shall  require  that  an owner demonstrate immediate and
          compelling need and shall  not  apply  where  a  member  of  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.
            (a-1)  provides  that,  notwithstanding  any provision of this
          act, the legal regulated rent for any vacancy lease entered into
          after the  effective  date  of  this  subdivision  shall  be  as

          hereinafter  set  forth.   The previous legal regulated rent for
          such housing accommodation shall be increased by the  following:
          (i)  if  the  vacancy  lease  is for a term of two years, twenty
          percent  of  the  previous  legal regulated rent; or (ii) if the
          vacancy lease is for a term of one year the  increase  shall  be
          twenty  percent  of  the  previous  legal regulated rent less an
          amount equal to the difference between (a) the two year  renewal
          lease  guideline  promulgated  by  the  guidelines  board of the
          county in which the housing accommodation is located applied  to
          the  previous  legal regulated rent and (b) the one year renewal
          lease guideline promulgated  by  the  guidelines  board  of  the
          county  in which the housing accommodation is located applied to
          the previous legal regulated rent.  However,  where  the  amount
          charged  and  paid  by  the  prior  tenant pursuant to paragraph
          fourteen of this subdivision, was less than the legal  regulated
          rent,  such  increase  to  the  legal  regulated  rent shall not
          exceed: five percent of the previous legal regulated rent if the
          last vacancy lease  commenced  less  than  two  years  ago;  ten
          percent of the previous legal regulated rent if the last vacancy
          commenced  less  than  three  years  ago; fifteen percent of the
          previous  legal  regulated  rent  if  the  last  vacancy   lease
          commenced  less  than  four  years  ago;  twenty  percent of the
          previous  legal  regulated  rent  if  the  last  vacancy   lease
          commenced  four  or  more  years  ago. In addition, if the legal
          regulated rent was not increased with respect  to  such  housing
          accommodation  by  a  permanent  vacancy  allowance within eight
          years prior  to  a  vacancy  lease  executed  on  or  after  the
          effective date of this subdivision, the legal regulated rent may
          be further increased by an amount equal to the product resulting
          from   multiplying   such   previous  legal  regulated  rent  by
          six-tenths of one percent and further multiplying the amount  of
          rent  increase  resulting  therefrom  by  the greater of (A) the
          number of years since  the  imposition  of  the  last  permanent
          vacancy  allowance,  or  (B)  if the rent was not increased by a
          permanent vacancy  allowance  since  the  housing  accommodation
          became  subject  to  this  act,  the  number  of years that such
          housing accommodation has been subject  to  this  act.  Provided
          that  if  the  previous legal regulated rent was less than three
          hundred dollars the total increase shall be as calculated  above
          plus  one  hundred dollars per month. Provided, further, that if
          the previous legal regulated rent was  at  least  three  hundred
          dollars  and no more than five hundred dollars in no event shall
          the total increase pursuant to this subdivision be less than one
          hundred dollars per month. Such increase shall be in lieu of any
          allowance authorized for the one or two year  renewal  component
          thereof,  but  shall  be  in  addition  to  any  other increases
          authorized pursuant to this act including  an  adjustment  based
          upon  a major capital improvement, or a substantial modification
          or increase of dwelling space or services,  or  installation  of
          new  equipment  or  improvements or new furniture or furnishings
          provided in or to the housing accommodation pursuant to  section
          six of this act. The increase authorized in this subdivision may
          not  be  implemented  more  than  one time in any calendar year,
          notwithstanding the number of vacancy  leases  entered  into  in
          such year.
            (a-2)  Provides  that  where the amount of rent charged to and
          paid by the tenant is less than the legal regulated rent for the
          housing accommodation, the  amount  of  rent  for  such  housing

          accommodation  which may be charged upon renewal or upon vacancy
          thereof, may, at the option of the owner,  be  based  upon  such
          previously  established legal regulated rent, as adjusted by the
          most  recent applicable guidelines increases and other increases
          authorized by law. Such housing accommodation shall be  excluded
          from  the  provisions of this act pursuant to paragraph thirteen
          of subdivision a of section five of this act when subsequent  to
          vacancy:    (i)  such  legal regulated rent is two thousand five
          hundred  dollars  per  month,   or   more,   for   any   housing
          accommodation  that  is,  or becomes, vacant after the effective
          date of the rent act of 2011 but prior to the effective date  of
          the  rent  act  of 2015 or (ii) such legal regulated rent is two
          thousand seven hundred dollars per month or more for any housing
          accommodation that is or becomes vacant on or after the rent act
          of 2015; starting on January 1, 2016, and  annually  thereafter,
          the   maximum   legal   regulated  rent  for  this  deregulation
          threshold, shall also be increased by the same  percent  as  the
          most   recent  one  year  renewal  adjustment,  adopted  by  the
          applicable  rent  guidelines  board   pursuant   to   the   rent
          stabilization law.
            b. For cities having a population of one million or more, this
          act  may  be  implemented by regulations adopted pursuant to the
          New  York  city  rent  stabilization  law  of  nineteen  hundred
          sixty-nine, as amended, or as otherwise provided by law.
            c. Each owner of premises subject to this act shall furnish to
          each  tenant signing a new or renewal lease, a copy of the fully
          executed new or renewal lease bearing the  signatures  of  owner
          and tenant and the beginning and ending dates of the lease term,
          within  thirty  days  from  the  owner's  receipt  of the new or
          renewal lease signed by the tenant.
            * NB Expires June 16, 2019
            * § 10-a. Right to sublease. Units subject to this law may  be
          sublet  pursuant to section two hundred twenty-six-b of the real
          property law  provided  that  (a)  the  rental  charged  to  the
          subtenant  does  not  exceed the legal regulated rent plus a ten
          percent surcharge payable to the tenant if the unit  sublet  was
          furnished  with  the  tenant's  furniture;  (b)  the  tenant can
          establish that at all times he has maintained the  unit  as  his
          primary  residence  and  intends  to  occupy  it  as such at the
          expiration of the sublease;  (c)  an  owner  may  terminate  the
          tenancy of a tenant who sublets or assigns contrary to the terms
          of  this  section  but  no  action  or  proceeding  based on the
          non-primary residence of a tenant may be commenced prior to  the
          expiration  date  of his lease; (d) where an apartment is sublet
          the prime tenant shall retain the right to a renewal  lease  and
          the rights and status of a tenant in occupancy as they relate to
          conversion  to condominium or cooperative ownership; (e) where a
          tenant violates  the  provisions  of  subdivision  (a)  of  this
          section  the  subtenant  shall  be  entitled to damages of three
          times the overcharge and may also be awarded attorneys fees  and
          interest from the date of the overcharge at the rate of interest
          payable  on a judgment pursuant to section five thousand four of
          the civil practice law and rules; (f) the tenant may not  sublet
          the  unit for more than a total of two years, including the term
          of the proposed sublease, out of the four-year period  preceding
          the termination date of the proposed sublease. The provisions of
          this subdivision (f) shall only apply to subleases commencing on
          and after July first, nineteen hundred eighty-three; (g) for the

          purposes of this section only, the term of the proposed sublease
          may extend beyond the term of the tenant's lease. In such event,
          such  sublease  shall  be  subject  to  the  tenant's right to a
          renewal  lease.  The  subtenant shall have no right to a renewal
          lease. It shall be  unreasonable  for  an  owner  to  refuse  to
          consent  to  a  sublease  solely  because  such sublease extends
          beyond  the  tenant's  lease;  and   (h)   notwithstanding   the
          provisions  of  section  two  hundred  twenty-six-b  of the real
          property law, a not-for-profit hospital shall have the right  to
          sublet  any housing accommodation leased by it to its affiliated
          personnel without requiring the landlord's consent to  any  such
          sublease   and   without   being  bound  by  the  provisions  of
          subdivisions (b), (c) and (f) of this section.  Commencing  with
          the   effective   date   of   this   subdivision,   whenever   a
          not-for-profit hospital executes a renewal lease for  a  housing
          accommodation,  the legal regulated rent shall be increased by a
          sum equal to fifteen percent of the previous  lease  rental  for
          such housing accommodation, hereinafter referred to as a vacancy
          surcharge,  unless  the  landlord shall have received within the
          seven year period prior to the commencement date of such renewal
          lease any vacancy increases or vacancy surcharges  allocable  to
          the  said housing accommodation. In the event the landlord shall
          have received any such vacancy increases or  vacancy  surcharges
          during  such  seven  year period, the vacancy surcharge shall be
          reduced by the amount received by any such vacancy  increase  or
          vacancy surcharges.
            * NB Expires June 16, 2019
            * §  11.  Non-waiver  of  rights.  Any provision of a lease or
          other rental agreement which purports to waive a tenant's rights
          under this act or regulations promulgated pursuant thereto shall
          be void as contrary to public policy.
            * NB Expires June 16, 2019
            * § 12. Enforcement and procedures.  a.  (1)  Subject  to  the
          conditions  and  limitations  of  this  paragraph,  any owner of
          housing accommodations in a city having  a  population  of  less
          than  one  million or a town or village as to which an emergency
          has been declared pursuant to section three, who, upon complaint
          of a tenant or of the state division of  housing  and  community
          renewal, is found by the state division of housing and community
          renewal,  after  a  reasonable  opportunity to be heard, to have
          collected an overcharge above the rent authorized for a  housing
          accommodation  subject to this act shall be liable to the tenant
          for  a  penalty  equal  to  three  times  the  amount  of   such
          overcharge.  In  no  event  shall  such treble damage penalty be
          assessed against an owner based solely on said  owner's  failure
          to  file  a proper or timely initial or annual rent registration
          statement. If the owner establishes by a  preponderance  of  the
          evidence   that   the   overcharge   was   neither  willful  nor
          attributable to his negligence, the state  division  of  housing
          and  community renewal shall establish the penalty as the amount
          of the overcharge plus interest at the rate of interest  payable
          on  a  judgment  pursuant  to  section five thousand four of the
          civil practice law and rules. (i) Except as to complaints  filed
          pursuant  to  clause (ii) of this paragraph, the legal regulated
          rent for purposes of determining an overcharge, shall be  deemed
          to  be  the  rent indicated in the annual registration statement
          filed  four  years  prior  to  the  most   recent   registration
          statement, (or, if more recently filed, the initial registration

          statement) plus in each case any subsequent lawful increases and
          adjustments.  Where  the  amount of rent set forth in the annual
          rent registration statement filed four years prior to  the  most
          recent  registration  statement  is  not  challenged within four
          years of its filing,  neither  such  rent  nor  service  of  any
          registration   shall   be  subject  to  challenge  at  any  time
          thereafter. (ii) As to complaints filed within  ninety  days  of
          the  initial  registration of a housing accommodation, the legal
          regulated rent for purposes of determining an  overcharge  shall
          be deemed to be the rent charged on the date four years prior to
          the   date   of   the   initial   registration  of  the  housing
          accommodation (or, if the housing accommodation was  subject  to
          this  act  for less than four years, the initial legal regulated
          rent) plus in each case, any lawful increases  and  adjustments.
          Where  the rent charged on the date four years prior to the date
          of the initial  registration  of  the  accommodation  cannot  be
          established,  such  rent  shall  be established by the division.
          Where  the  amount  of  rent  set  forth  in  the  annual   rent
          registration statement filed four years prior to the most recent
          registration  statement  is  not challenged within four years of
          its filing, neither such rent nor service  of  any  registration
          shall be subject to challenge at any time thereafter.
            (a)  The  order of the state division of housing and community
          renewal shall apportion the owner's liability between  or  among
          two or more tenants found to have been overcharged by such owner
          during their particular tenancy of a unit.
            (b)  (i)  Except  as  provided under clauses (ii) and (iii) of
          this subparagraph, a complaint under this subdivision  shall  be
          filed  with  the state division of housing and community renewal
          within four  years  of  the  first  overcharge  alleged  and  no
          determination of an overcharge and no award or calculation of an
          award  of  the  amount  of  an  overcharge  may be based upon an
          overcharge having occurred  more  than  four  years  before  the
          complaint is filed. This paragraph shall preclude examination of
          the  rental  history  of  the housing accommodation prior to the
          four-year period preceding the filing of a complaint pursuant to
          this subdivision.
            (ii) No penalty of three times the  overcharge  may  be  based
          upon  an  overcharge  having occurred more than two years before
          the complaint is filed or  upon  an  overcharge  which  occurred
          prior to April first, nineteen hundred eighty-four.
            (iii)  Any complaint based upon overcharges occurring prior to
          the date of filing of the initial rent registration as  provided
          in  subdivision b of section twelve-a of this act shall be filed
          within ninety days of the mailing of notice  to  the  tenant  of
          such registration.
            (c)  Any  affected  tenant  shall  be notified of and given an
          opportunity to join in any complaint  filed  by  an  officer  or
          employee of the state division of housing and community renewal.
            (d) An owner found to have overcharged shall, in all cases, be
          assessed  the  reasonable  costs  and  attorney's  fees  of  the
          proceeding, and interest from the date of the overcharge at  the
          rate  of interest payable on a judgment pursuant to section five
          thousand four of the civil practice law and rules.
            (e) The order of the state division of housing  and  community
          renewal  awarding  penalties  may,  upon  the  expiration of the
          period in which the owner may institute a proceeding pursuant to
          article seventy-eight of the civil practice law  and  rules,  be

          filed  and enforced by a tenant in the same manner as a judgment
          or, in the alternative, not in excess of twenty percent  thereof
          per  month  may  be  offset  against any rent thereafter due the
          owner.
            (f) Unless a tenant shall have filed a complaint of overcharge
          with  the  division  which  complaint  has  not  been withdrawn,
          nothing contained in this section shall be deemed to  prevent  a
          tenant  or  tenants,  claiming  to  have  been overcharged, from
          commencing an action or interposing a counterclaim in a court of
          competent jurisdiction for damages equal to the  overcharge  and
          the  penalty  provided  for  in this section, including interest
          from the date of the overcharge at the rate of interest  payable
          on  a  judgment  pursuant  to  section five thousand four of the
          civil practice law and  rules,  plus  the  statutory  costs  and
          allowable  disbursements in connection with the proceeding. Such
          action must be commenced or counterclaim interposed within  four
          years  of  the date of the alleged overcharge but no recovery of
          three times the amount of the overcharge  may  be  awarded  with
          respect to any overcharge which had occurred more than two years
          before the action is commenced or counterclaim is interposed.
            (2) In addition to issuing the specific orders provided for by
          other  provisions of this act, the state division of housing and
          community renewal shall be empowered to enforce this act and its
          regulations by issuing, upon notice and a reasonable opportunity
          for the affected party to be heard, such other orders as it  may
          deem appropriate.
            (3) If the owner is found by the commissioner:
            (i) to have violated an order of the division the commissioner
          may  impose  by  administrative  order  after  hearing,  a civil
          penalty at minimum in the amount of  one  thousand  but  not  to
          exceed  two  thousand dollars for the first such offense, and at
          minimum in the amount of two thousand but not  to  exceed  three
          thousand dollars for each subsequent offense; or
            ** (ii)  to  have  harassed  a tenant to obtain vacancy of his
          housing  accommodation,   the   commissioner   may   impose   by
          administrative order after hearing, a civil penalty for any such
          violation. Such penalty shall be at minimum in the amount of two
          thousand  but not to exceed three thousand dollars for the first
          such offense, and at minimum in the amount of ten  thousand  but
          not  to  exceed  eleven  thousand  dollars  for  each subsequent
          offense or for a violation consisting of conduct directed at the
          tenants of more than one housing accommodation.
            ** NB Effective until June 16, 2019
            ** (ii) to have harassed a tenant to  obtain  vacancy  of  his
          housing   accommodation,   the   commissioner   may   impose  by
          administrative order after hearing, a civil penalty for any such
          violation. Such penalty shall be at minimum in the amount of two
          thousand but not to exceed three thousand dollars for the  first
          such  offense,  and at minimum in the amount of ten thousand but
          not to  exceed  eleven  thousand  dollars  for  each  subsequent
          offense or for a violation consisting of conduct directed at the
          tenants of more than one housing accommodation.
            ** NB Effective June 16, 2019
            Such  order  shall  be  deemed  a  final determination for the
          purposes  of  judicial  review.  Such  penalty  may,  upon   the
          expiration  of the period for seeking review pursuant to article
          seventy-eight of the civil practice law and rules,  be  docketed
          and enforced in the manner of a judgment of the supreme court.

            (4)  Any  proceeding  pursuant to article seventy-eight of the
          civil practice law  and  rules  seeking  review  of  any  action
          pursuant  to  this act shall be brought within sixty days of the
          expiration of the ninety day period and  any  extension  thereof
          provided  in subdivision c of this section or the rendering of a
          determination, whichever is  later.  Any  action  or  proceeding
          brought  by  or against the commissioner under this act shall be
          brought in the county in  which  the  housing  accommodation  is
          located.
            (5)  Violations  of  this act or of the regulations and orders
          issued pursuant thereto may be enjoined  by  the  supreme  court
          upon  proceedings commenced by the state division of housing and
          community renewal or the tenant or tenants who allege they  have
          been  overcharged.  The  division  shall not be required to post
          bond.
            (6) In furtherance of its responsibility to enforce this  act,
          the  state  division  of  housing and community renewal shall be
          empowered  to  administer  oaths,   issue   subpoenas,   conduct
          investigations,  make inspections and designate officers to hear
          and report. The division shall safeguard the confidentiality  of
          information  furnished  to  it  at  the  request  of  the person
          furnishing same, unless such information must be made public  in
          the interest of establishing a record for the future guidance of
          persons subject to this act.
            (7) In any action or proceeding before a court wherein a party
          relies  for  a  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 hereunder, the court having
          jurisdiction of such action  or  proceeding  may  at  any  stage
          certify such fact to the state division of housing and community
          renewal. The state division of housing and community renewal may
          intervene in any such action or proceeding.
            (8)  Any owner who has duly registered a housing accommodation
          pursuant to section twelve-a of this act shall not  be  required
          to  maintain  or produce any records relating to rentals of such
          accommodation more than four years  prior  to  the  most  recent
          registration or annual statement for such accommodation.
            b.  Within  a city having a population of one million or more,
          the state division of housing and community renewal  shall  have
          such  powers to enforce this act as shall be provided in the New
          York city rent stabilization law of nineteen hundred sixty-nine,
          as amended, or as shall otherwise be provided by law.
            c. The state division of housing and community renewal may, by
          regulation, provide for administrative review of all orders  and
          determinations  issued  by  it  pursuant  to  this act. Any such
          regulation shall provide that if a petition for such  review  is
          not determined within ninety days after it is filed, it shall be
          deemed  to  be  denied.    However,  the  division may grant one
          extension not to exceed thirty days  with  the  consent  of  the
          party  filing  such  petition; any further extension may only be
          granted with the consent of all  parties  to  the  petition.  No
          proceeding  may  be brought pursuant to article seventy-eight of
          the civil practice law and  rules  to  challange  any  order  or
          determination  which  is  subject  to such administrative review
          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 petition for review (or any
          extension thereof) has expired.

            * NB Expires June 16, 2019
            * §  12-a. Rent registration. a. Each housing accommodation in
          a city having a population of less than one million or a town or
          village as to which an emergency has been declared  pursuant  to
          section  three of this act which is subject to this act shall be
          registered by the owner  thereof  with  the  state  division  of
          housing  and  community  renewal  prior  to July first, nineteen
          hundred eighty-four upon forms prescribed by the commissioner of
          such division. The data to  be  provided  on  such  forms  shall
          include  the following: (1) the name and address of the building
          or group of buildings  or  development  in  which  such  housing
          accommodation  is  located and the owner and the tenant thereof;
          (2) the number of housing  accommodations  in  the  building  or
          group   of  buildings  or  development  in  which  such  housing
          accommodation  is   located;   (3)   the   number   of   housing
          accommodations  in  such  building  or  group  of  buildings  or
          development subject to this act and the number of  such  housing
          accommodations  subject  to  the  emergency housing rent control
          law; (4) the rent charged on  the  registration  date;  (5)  the
          number  of  rooms  in  such  housing  accommodation; and (6) all
          services  provided  in  the  last  lease  or  rental   agreement
          commencing at least six months prior to the local effective date
          of this act.
            b.  Registration pursuant to this section shall not be subject
          to the freedom of information law,  provided  that  registration
          information  relative  to  a  tenant, owner, lessor or subtenant
          shall  be  made  available  to  such  party  or  his  authorized
          representative.
            c.  Housing  accommodations  which  become subject to this act
          after the initial registration period must be registered  within
          ninety  days  thereafter. Registration of housing accommodations
          subject to the emergency housing rent  control  law  immediately
          prior  to  the date of filing the initial registration statement
          as provided in this section shall include, in  addition  to  the
          items listed above, where existing, the maximum rent immediately
          prior  to  the  date  that  such  housing  accommodations became
          subject to this act.
            d. Copies of the registration shall be filed  with  the  state
          division  of  housing  and  community  renewal  in such place or
          places as it may require.  In addition, one copy of that portion
          of the registration statement which  pertains  to  the  tenant's
          unit  must be mailed by the owner to the tenant in possession at
          the time of initial registration  or  to  the  first  tenant  in
          occupancy  if  the  apartment  is  vacant at the time of initial
          registration.
            e. The failure to file a proper and timely initial  or  annual
          rent  registration  statement  shall,  until  such  time as such
          registration is  filed,  bar  an  owner  from  applying  for  or
          collecting  any  rent  in  excess of the legal regulated rent in
          effect on the date of the last preceding registration  statement
          or  if  no  such statements have been filed, the legal regulated
          rent in effect on the date that the housing accommodation became
          subject to the registration requirements of  this  section.  The
          filing  of  a  late registration shall result in the prospective
          elimination of such sanctions and provided that increases in the
          legal regulated rent were lawful except for the failure to  file
          a timely registration, the owner, upon the service and filing of
          a  late  registration,  shall  not be found to have collected an

          overcharge  at  any  time  prior  to  the  filing  of  the  late
          registration.  If  such late registration is filed subsequent to
          the filing of  an  overcharge  complaint,  the  owner  shall  be
          assessed  a  late filing surcharge for each late registration in
          an amount equal to fifty percent of the timely rent registration
          fee.
            f. An annual statement shall be filed containing  the  current
          rent  for  each  unit  and  such  other information contained in
          subdivision a of this  section  as  shall  be  required  by  the
          division.  The owner shall provide each tenant then in occupancy
          with a copy of that portion of such annual statement as pertains
          to the tenant's unit.
            g. Within a city having a population of one million  or  more,
          each   housing  accommodation  subject  to  this  act  shall  be
          registered with the state  division  of  housing  and  community
          renewal  as  shall  be  provided  in  the  New  York  city  rent
          stabilization law of nineteen hundred sixty-nine.
            h. Each housing accommodation for which a timely  registration
          statement  was  filed  between  April  first,  nineteen  hundred
          eighty-four and June thirtieth,  nineteen  hundred  eighty-four,
          pursuant  to  subdivision  a of this section shall designate the
          rent charged on April first, nineteen  hundred  eighty-four,  as
          the rent charged on the registration date.
            * NB Expires June 16, 2019
            * §  13.  Cooperation  with  other  governmental agencies. The
          state division of housing and community  renewal  and  any  rent
          guidelines  board  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.
            * NB Expires June 16, 2019
            * §  14.  Application of act. The provisions of this act shall
          only be applicable:
            a. in the city of New York; and
            b. in the counties of Nassau,  Westchester  and  Rockland  and
          shall  become  and  remain  effective  only  in  a city, town or
          village located therein as provided in  section  three  of  this
          act.
            * NB Expires June 16, 2019

  
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Last modified: September 11, 2016