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New York Local Emergency Housing Rent Control Act 21/62

Chapter 21 of the laws of 1962
 
    Section  1.  The  regulation  and  control  of  residential  rents and
  evictions within cities having a population of one million  or  more  on
  and after May first, nineteen hundred sixty-two shall be governed by the
  provisions  of  this  section,  notwithstanding  the  provisions  of the
  emergency housing rent control law:
    1. Short title. This section shall be known and may be  cited  as  the
  "local emergency housing rent control act".
    2.  Legislative  finding.  The legislature hereby finds that a serious
  public emergency continues to exist in the  housing  of  a  considerable
  number  of  persons in the state of New York which emergency was created
  by war, the effects of war and the aftermath of hostilities;  that  such
  emergency  necessitated  the  intervention  of  federal, state and local
  government in order to prevent  speculative,  unwarranted  and  abnormal
  increases  in  rents; that there continues to exist an acute shortage of
  dwellings; that unless residential rents and evictions  continue  to  be
  regulated  and  controlled, disruptive practices and abnormal conditions
  will produce serious threats to the public health,  safety  and  general
  welfare;  that  to  prevent  such  perils to health, safety and welfare,
  preventive action by the legislature continues to  be  imperative;  that
  such  action  is  necessary  in  order  to  prevent exactions of unjust,
  unreasonable and oppressive rents and rental agreements and to forestall
  profiteering, speculation and  other  disruptive  practices  tending  to
  produce  threats  to  the  public  health;  that  in  order  to  prevent
  uncertainty, hardship and dislocation, the provisions  of  this  section
  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  still  the
  objective of state policy, must be administered with due regard for such
  emergency;  and  that  the  policy  herein  expressed  should   now   be
  administered locally within cities having a population of one million or
  more by an agency of the city itself.
    3.   Local   determination   as  to  continuation  of  emergency.  The
  continuation, after May thirty-first, nineteen hundred  sixty-seven,  of
  the public emergency requiring the regulation and control of residential
  rents  and evictions within cities having a population of one million or
  more shall be a matter for local determination within  each  such  city.
  Any  such  determination  shall be made by the local legislative body of
  such city on or before April first, nineteen hundred sixty-seven and  at
  least  once  in every third year thereafter following a survey which the
  city shall cause to be made of  the  supply  of  housing  accommodations
  within  such city, the condition of such accommodations and the need for
  continuing the regulation and control of residential rents and evictions
  within such city. Such survey shall be  submitted  to  such  legislative
  body  not less than thirty nor more than sixty days prior to the date of
  any such determination.
    4. Establishment of city housing  rent  agency.  On  or  before  April
  first,  nineteen  hundred  sixty-two,  the  mayor  of each city having a
  population of one million  or  more  shall  establish  or  designate  an
  official,  bureau, board, commission or agency of such city (referred to
  in this section as the "city housing rent  agency")  to  administer  the
  regulation  and  control  of residential rents and evictions within such
  city unless such city, acting through its local legislative body,  shall
  have  enacted, prior to April first, nineteen hundred sixty-two, a local
  law  or  ordinance  pursuant  to  subdivision  five  of  this   section,
  prescribing  a  different  method  of establishing or designating a city

  housing rent agency and in such case such agency shall be established or
  designated in accordance with said local law or ordinance.
    5.  Authority  for  local rent control legislation. Each city having a
  population of one million or more, acting through its local  legislative
  body,  may  adopt  and  amend local laws or ordinances in respect of the
  establishment or designation of a city  housing  rent  agency.  When  it
  deems such action to be desirable or necessitated by local conditions in
  order  to  carry  out the purposes of this section, such city, except as
  hereinafter provided, acting through its local legislative body and  not
  otherwise,  may  adopt  and amend local laws or ordinances in respect of
  the regulation and control  of  residential  rents,  including  but  not
  limited  to  provision  for  the establishment and adjustment of maximum
  rents, the classification of housing accommodations, the  regulation  of
  evictions,  and  the  enforcement  of such local laws or ordinances. The
  validity of any  such  local  laws  or  ordinances,  and  the  rules  or
  regulations  promulgated  in accordance therewith, shall not be affected
  by and need not be consistent with  the  state  emergency  housing  rent
  control  law  or  with  rules  and  regulations of the state division of
  housing and community renewal.
    * Notwithstanding any local law or ordinance,  housing  accommodations
  which became vacant on or after July first, nineteen hundred seventy-one
  or  which  hereafter become vacant shall be subject to the provisions of
  the emergency tenant protection act of nineteen seventy-four,  provided,
  however,  that  this  provision shall not apply or become effective with
  respect to housing accommodations which, by local law or ordinance,  are
  made  directly  subject to regulation and control by a city housing rent
  agency  and  such  agency  determines  or   finds   that   the   housing
  accommodations  became  vacant because the landlord or any person acting
  on his behalf, with intent to cause the tenant to vacate, engaged in any
  course of  conduct  (including  but  not  limited  to,  interruption  or
  discontinuance of essential services) which interfered with or disturbed
  or  was intended to interfere with or disturb the comfort, repose, peace
  or quiet  of  the  tenant  in  his  use  or  occupancy  of  the  housing
  accommodations. The removal of any housing accommodation from regulation
  and  control  of rents pursuant to the vacancy exemption provided for in
  this paragraph shall not constitute or  operate  as  a  ground  for  the
  subjection  to  more  stringent  regulation  and  control of any housing
  accommodation in such property or in any other  property  owned  by  the
  same  landlord,  notwithstanding  any prior agreement to the contrary by
  the landlord. The vacancy exemption provided for in this paragraph shall
  not arise with respect to any rented plot or parcel  of  land  otherwise
  subject  to the provisions of this act, by reason of a transfer of title
  and possession occurring  on  or  after  July  first,  nineteen  hundred
  seventy-one  of  a  dwelling located on such plot or parcel and owned by
  the tenant where such transfer of title and  possession  is  made  to  a
  member  of the tenant's immediate family provided that the member of the
  tenant's immediate family occupies the dwelling with the tenant prior to
  the transfer of title and possession for  a  continuous  period  of  two
  years.
    * NB Effective until June 16, 2019
    * Notwithstanding  any  local law or ordinance, housing accommodations
  which become vacant  shall  be  exempt  from  regulations  and  control,
  provided,  however,  that  this  exemption  shall  not  apply  or become
  effective with respect to housing accommodations which, by local law  or
  ordinance, are made directly subject to regulation and control by a city
  housing rent agency and such agency determines or finds that the housing
  accommodations  become  vacant because the landlord or any person acting
  on his behalf, with intent to cause the tenant to vacate, engaged in any

  course of  conduct  (including  but  not  limited  to,  interruption  or
  discontinuance of essential services) which interfered with or disturbed
  or  was intended to interfere with or distrub the comfort, repose, peace
  or  quiet  of  the  tenant  in  his  use  or  occupancy  of  the housing
  accommodations. The removal of any housing accommodation from regulation
  and control of rents pursuant to the vacancy exemption provided  for  in
  this  paragraph  shall  not  constitute  or  operate as a ground for the
  subjection to more stringent  regulation  and  control  of  any  housing
  accommodation  in  such  property  or in any other property owned by the
  same landlord, notwithstanding any prior agreement to  the  contrary  by
  the landlord.
    * NB Effective June 16, 2019
    The  term  "immediate  family"  shall  include  a  husband, wife, son,
  daughter,  stepson,  stepdaughter,  father,  mother,  father-in-law   or
  mother-in-law.
    Notwithstanding  the  foregoing,  no  local  law  or  ordinance  shall
  hereafter provide for the regulation and control  of  residential  rents
  and  eviction  in  respect  of  any housing accommodations which are (1)
  presently exempt from such  regulation  and  control  or  (2)  hereafter
  decontrolled  either  by  operation  of  law  or  by a city housing rent
  agency, by order  or  otherwise.  No  housing  accommodations  presently
  subject  to  regulation and control pursuant to local laws or ordinances
  adopted or amended under authority of this subdivision  shall  hereafter
  be by local law or ordinance or by rule or regulation which has not been
  theretofore  approved by the state commissioner of housing and community
  renewal  subjected  to  more  stringent  or  restrictive  provisions  of
  regulation and control than those presently in effect.
    Notwithstanding any other provision of law, on and after the effective
  date  of  this  paragraph,  a city having a population of one million or
  more shall not, either through its local legislative body or  otherwise,
  adopt  or  amend local laws or ordinances with respect to the regulation
  and control of residential rents and eviction, including but not limited
  to  provision  for  the  establishment  and  adjustment  of  rents,  the
  classification  of  housing accommodations, the regulation of evictions,
  and the enforcement of such local laws or ordinances, or otherwise adopt
  laws or ordinances pursuant to the provisions of this act, the emergency
  tenant protection act of nineteen seventy-four, the New York  city  rent
  and  rehabilitation  law  or  the  New York city rent stabilization law,
  except to the extent that such city for the  purpose  of  reviewing  the
  continued  need  for  the existing regulation and control of residential
  rents or to remove a classification of housing accommodation  from  such
  regulation  and  control  adopts  or  amends  local  laws  or ordinances
  pursuant to subdivision three of section one of this act, section  three
  of the emergency tenant protection act of nineteen seventy-four, section
  26-415  of  the  New York city rent and rehabilitation law, and sections
  26-502 and 26-520 of  the  New  York  city  rent  stabilization  law  of
  nineteen hundred sixty-nine.
    Notwithstanding  any  provision of this act to the contrary, any local
  law adopted pursuant to this act shall provide that notwithstanding  any
  provision  of such local law in the case where all tenants occupying the
  housing accommodation on the  effective  date  of  this  paragraph  have
  vacated  the  housing accommodation and a family member of such vacating
  tenant or tenants is entitled to and continues  to  occupy  the  housing
  accommodation   subject   to  the  protections  of  such  act,  if  such
  accommodation continues to be subject to  such  act  after  such  family
  member   vacates,   on  the  occurrence  of  such  vacancy  the  maximum
  collectable rent shall be increased by a sum equal to the allowance then
  in effect for vacancy leases for housing accommodations covered  by  the

  rent  stabilization  law  of  nineteen hundred sixty-nine, including the
  amount allowed by paragraph (5-a) of subdivision c of section 26-511  of
  such  law.  This  increase  shall  be in addition to any other increases
  provided  for in this act and shall be applicable in like manner to each
  second subsequent succession.
    Notwithstanding the foregoing, no local law or ordinance shall subject
  to such regulation and control any housing accommodation  which  is  not
  occupied  by  the  tenant in possession as his or her primary residence;
  provided, however, that such housing accommodation not occupied  by  the
  tenant  in  possession as his or her primary residence shall continue to
  be subject to regulation and control as provided for herein  unless  the
  city   housing   rent   agency   issues   an  order  decontrolling  such
  accommodation, which  the  agency  shall  do  upon  application  by  the
  landlord  whenever  it  is  established  by  any facts and circumstances
  which, in the judgment of the  agency,  may  have  a  bearing  upon  the
  question  of  residence,  that  the  tenant maintains his or her primary
  residence at some place other than at such  housing  accommodation.  For
  the  purposes of determining primary residency, a tenant who is a victim
  of domestic violence, as defined in section four hundred fifty-nine-a of
  the social services law, who has left the unit because of such violence,
  and who asserts an intent to return to the housing  accommodation  shall
  be deemed to be occupying the unit as his or her primary residence.
    6.  Succession  of  city agency to state rent control functions within
  city. All the functions and powers possessed by and all the  obligations
  and  duties of the temporary state housing rent commission and the state
  rent administrator under the provisions of the state  emergency  housing
  rent  control  law  and  the  rules  and  regulations  of the commission
  thereunder, insofar as they relate to  the  regulation  and  control  of
  residential rents and evictions within a city having a population of one
  million or more, shall be transferred to the city housing rent agency of
  such  city  on  May  first,  nineteen  hundred sixty-two, subject to the
  provisions of any local laws, ordinances, rules or  regulations  adopted
  pursuant to this subdivision or subdivision five of this section. On and
  after  such  date, and until the adoption of a local law or ordinance in
  respect of the regulation and control of residential rents  within  such
  city  pursuant  to  subdivision  five of this section, such city housing
  rent agency is hereby authorized and empowered, from time  to  time,  to
  adopt,  promulgate, amend or rescind rules, regulations and orders under
  the state emergency housing rent control law and the  validity  of  such
  rules,  regulations  and orders shall not be affected by and need not be
  consistent with the rules, regulations and orders of the temporary state
  housing  rent   commission   under   such   law.   All   acts,   orders,
  determinations,  decisions, rules and regulations of the temporary state
  housing rent commission  relating  to  the  regulation  and  control  of
  residential  rents  and  eviction within such city which are in force at
  the time of such transfer shall continue in force and  effect  as  acts,
  orders,  determinations,  decisions,  rules and regulations of such city
  housing  rent  agency  until  duly  modified,  superseded  or  abrogated
  pursuant to such local laws, ordinances, rules or regulations.
    7.  Investigations. The city housing rent agency is authorized to make
  such studies and investigations, to conduct such hearings, and to obtain
  such information as it deems necessary  or  proper  in  prescribing  any
  regulation  or  order  under a local law adopted pursuant to subdivision
  five of this section or in administering and enforcing  such  local  law
  and the regulations and orders thereunder or the state emergency housing
  rent control law and the regulations and orders thereunder.
    The  city  housing rent agency is further authorized, by regulation or
  order, to require any person who rents or offers for  rent  or  acts  as

  broker  or agent for the rental of any housing accommodations to furnish
  any such information under oath or affirmation, or  otherwise,  to  make
  and  keep records and other documents, and to make reports, and the city
  housing rent agency may require any such person to permit the inspection
  and copying of records and other documents and the inspection of housing
  accommodations. Any officer or agent designated by the city housing rent
  agency  for such purposes may administer oaths and affirmations and may,
  whenever necessary, by subpoena, require any such person to  appear  and
  testify  or  to appear and produce documents, or both, at any designated
  place.
    For the purpose of obtaining any information under  this  subdivision,
  the city housing rent agency may by subpoena require any other person to
  appear  and  testify or to appear and produce documents, or both, at any
  designated place.
    The production of a person's documents at any  place  other  than  his
  place  of  business  shall not be required under this subdivision in any
  case in which, prior to the return date specified in the subpoena issued
  with respect thereto, such person either has furnished the city  housing
  rent agency with a copy of such documents certified by such person under
  oath  to  be  a true and correct copy, or has entered into a stipulation
  with the city housing rent agency as to  the  information  contained  in
  such documents.
    In  case  of  contumacy by, or refusal to obey a subpoena served upon,
  any person referred to in this subdivision, the supreme court in or  for
  any  judicial  district  in  which  such  person  is found or resides or
  transacts business, upon application by the city  housing  rent  agency,
  shall  have  jurisdiction  to  issue  an  order requiring such person to
  appear and give testimony or to appear and produce documents,  or  both;
  and  any failure to obey such order of the court may be punished by such
  court as a contempt thereof. The provisions of this paragraph  shall  be
  in  addition  to  the provisions of paragraph (a) of subdivision nine of
  this section.
    Witnesses subpoenaed under this subdivision shall  be  paid  the  same
  fees and mileage as are paid witnesses under article eighty of the civil
  practice law and rules.
    Upon  any such investigation or hearing, the city housing rent agency,
  or an officer duly designated by the city housing rent agency to conduct
  such investigation or hearing, may confer immunity  in  accordance  with
  the provisions of section 50.20 of the criminal procedure law.
    The  city  housing  rent  agency  shall  not  publish  or disclose any
  information obtained under this  section  that  the  city  housing  rent
  agency  deems  confidential  or  with  reference  to which a request for
  confidential  treatment  is  made  by   the   person   furnishing   such
  information,  unless  the  city  housing rent agency determines that the
  withholding thereof is contrary to the public interest.
    Any person subpoenaed under this section shall have the right to  make
  a record of his testimony and to be represented by counsel.
    8.  Judicial  review.  Any  person  who  is  aggrieved  by  the  final
  determination of the city  housing  rent  agency  in  an  administrative
  proceeding  protesting  a  regulation  or  order  of such agency may, in
  accordance with article seventy-eight of  the  civil  practice  law  and
  rules,  within sixty days after such determination, file a petition with
  the supreme  court  specifying  his  objections  and  praying  that  the
  regulation  or  order  protested be enjoined or set aside in whole or in
  part. Such proceeding may at the option of the petitioner be  instituted
  in  the  county  where  the  city  housing rent agency has its principal
  office or where the property is located. A copy of such  petition  shall
  forthwith  be  served  on  the  city  housing  rent agency, and the city

  housing rent agency shall  file  with  such  court  the  original  or  a
  transcript  of  such  portions of the proceedings in connection with the
  determination as are material under  the  petition.  Such  return  shall
  include  a  statement setting forth, so far as practicable, the economic
  data and other facts of which the city housing  rent  agency  has  taken
  official  notice.  Upon the filing of such petition the court shall have
  jurisdiction to set aside the regulation or order protested, in whole or
  in part, to dismiss the petition, or to remit the proceeding to the city
  housing rent agency; provided, however, that the regulation or order may
  be modified or rescinded by the city housing rent  agency  at  any  time
  notwithstanding the pendency of such proceeding for review. No objection
  to such regulation or order, and no evidence in support of any objection
  thereto,  shall  be considered by the court, unless such objection shall
  have been presented to the city housing rent agency by the petitioner in
  the proceedings resulting in the determination or unless  such  evidence
  shall be contained in the return. If application is made to the court by
  either party for leave to introduce additional evidence which was either
  offered  and  not  admitted,  or  which  could  not reasonably have been
  offered or included in such proceedings before  the  city  housing  rent
  agency,  and the court determines that such evidence should be admitted,
  the court shall order the evidence to be presented to the  city  housing
  rent  agency.  The  city  housing rent agency shall promptly receive the
  same, and such other evidence as the  city  housing  rent  agency  deems
  necessary  or  proper,  and thereupon the city housing rent agency shall
  file with the court  the  original  or  a  transcript  thereof  and  any
  modification  made  in  such  regulation  or  order as a result thereof;
  except that on request  by  the  city  housing  rent  agency,  any  such
  evidence   shall   be  presented  directly  to  the  court.  Upon  final
  determination of the proceeding before the court, the  original  record,
  if  filed  by  the  city  housing  rent  agency with the court, shall be
  returned to the city housing rent agency.
    No regulation or order of  the  city  housing  rent  agency  shall  be
  enjoined  or set aside, in whole or in part, unless the petitioner shall
  establish to the satisfaction of the court that the regulation or  order
  is  not  in  accordance  with  law,  or  is arbitrary or capricious. The
  effectiveness of an order of the court enjoining or  setting  aside,  in
  whole  or in part, any such regulation or order shall be postponed until
  the expiration of thirty days from the entry thereof.  The  jurisdiction
  of  the  supreme  court  shall be exclusive and its order dismissing the
  petition or enjoining or setting aside  such  regulation  or  order,  in
  whole  or  in  part,  shall be final, subject to review by the appellate
  division of the supreme court and the  court  of  appeals  in  the  same
  manner  and  form  and  with  the  same  effect as provided in the civil
  practice act for appeals from a final order  in  a  special  proceeding.
  Notwithstanding  any  provision  of section thirteen hundred four of the
  civil practice act to the contrary, any order of the court remitting the
  proceeding to the city housing rent agency may, at the election  of  the
  city housing rent agency, be subject to review by the appellate division
  of  the  supreme  court  and the court of appeals in the same manner and
  form and with the same effect as provided in the civil practice act  for
  appeals from a final order in a special proceeding. All such proceedings
  shall be heard and determined by the court and by any appellate court as
  expeditiously as possible and with lawful precedence over other matters.
  All  such  proceedings  for  review  shall  be  heard  on  the petition,
  transcript and other papers, and on appeal shall be heard on the record,
  without requirement of printing.
    Within thirty days after arraignment, or such additional time  as  the
  court  may  allow  for good cause shown, in any criminal proceeding, and

  within five days after judgment in any  civil  or  criminal  proceeding,
  brought  pursuant  to  subdivision ten of this section involving alleged
  violation of any provision of  any  regulation  or  order  of  the  city
  housing  rent  agency, the defendant may apply to the court in which the
  proceeding is pending for leave to file in the supreme court a  petition
  setting  forth  objections  to  the  validity of any provision which the
  defendant is alleged to have violated or conspired to violate. The court
  in which the proceeding is pending shall grant such leave  with  respect
  to  any  objection which it finds is made in good faith and with respect
  to which it finds there is reasonable and  substantial  excuse  for  the
  defendant's  failure  to  present  such  objection  in an administrative
  proceeding before the city housing rent agency. Upon  the  filing  of  a
  petition  pursuant  to  and within thirty days from the granting of such
  leave, the supreme court shall have jurisdiction to enjoin or set  aside
  in  whole or in part the provision of the regulation or order complained
  of or to dismiss the petition. The court may authorize the  introduction
  of  evidence,  either to the city housing rent agency or directly to the
  court, in accordance with the first paragraph of this  subdivision.  The
  provisions  of  the  second  paragraph  of  this  subdivision  shall  be
  applicable with respect to any proceedings instituted in accordance with
  this paragraph.
    In any proceeding brought pursuant to subdivision ten of this  section
  involving  an  alleged violation of any provision of any such regulation
  or order, the court shall stay the proceeding:
    (1) during the period within which a petition  may  be  filed  in  the
  supreme  court  pursuant  to  leave granted under the third paragraph of
  this subdivision with respect to such provision;
    (2) during the pendency of any administrative  proceeding  before  the
  city  housing  rent  agency properly commenced by the defendant prior to
  the institution of the proceeding under subdivision ten of this section,
  setting forth objections to the validity of  such  provision  which  the
  court finds to have been made in good faith; and
    (3)  during  the pendency of any judicial proceeding instituted by the
  defendant under this subdivision with  respect  to  such  administrative
  proceeding  or  instituted by the defendant under the third paragraph of
  this  subdivision  with  respect  to  such  provision,  and  until   the
  expiration  of  the  time  allowed in this subdivision for the taking of
  further proceedings with respect thereto.
    Notwithstanding the provisions of the immediately preceding paragraph,
  stays shall be  granted  thereunder  in  civil  proceedings  only  after
  judgment  and  upon  application  made  within five days after judgment.
  Notwithstanding  the  provisions  of  the  third   paragraph   of   this
  subdivision,  in  the  case of a proceeding under the first paragraph of
  subdivision ten of this section the court  granting  a  stay  under  the
  immediately  preceding  paragraph  of  this  subdivision  shall  issue a
  temporary injunction or  restraining  order  enjoining  or  restraining,
  during  the  period  of  the  stay,  violations  by the defendant of any
  provision of the regulation or order involved in the proceeding. If  any
  provision  of  a  regulation  or  order  is  determined to be invalid by
  judgment of the supreme court which has become effective  in  accordance
  with the second paragraph of this subdivision, any proceeding pending in
  any  court  shall  be  dismissed,  and  any  judgment in such proceeding
  vacated, to the extent that such proceeding or judgment  is  based  upon
  violation  of  such provision. Except as provided in this paragraph, the
  pendency of any administrative proceeding before the city  housing  rent
  agency  or  judicial  proceeding  under  this  subdivision  shall not be
  grounds for staying any proceeding brought pursuant to  subdivision  ten
  of  this  section;  nor, except as provided in this paragraph, shall any

  retroactive effect be given to any judgment setting aside a provision of
  a regulation or order.
    The  method  prescribed herein for the judicial review of a regulation
  or order of the city housing rent agency shall be exclusive.
    9. Prohibitions. (a) It shall be unlawful, regardless of any contract,
  lease or other obligation heretofore or hereafter entered into, for  any
  person  to  demand or receive any rent for any housing accommodations in
  excess of the maximum rent established therefor by the  temporary  state
  housing  rent commission or the city housing rent agency or otherwise to
  do or omit to do any act, in  violation  of  any  regulation,  order  or
  requirement of the city housing rent agency hereunder or under any local
  law  adopted  pursuant  to subdivision five of this section or to offer,
  solicit, attempt or agree to do any of the foregoing.
    (b) It shall be unlawful for any person to remove or attempt to remove
  from any housing accommodations the tenant or  occupant  thereof  or  to
  refuse   to   renew   the  lease  or  agreement  for  the  use  of  such
  accommodations, because such tenant or occupant has taken,  or  proposes
  to  take,  action  authorized or required by the state emergency housing
  rent control law or any local law adopted pursuant to  subdivision  five
  of this section or any regulation, order or requirement thereunder.
    (c)  It  shall  be  unlawful  for  any officer or employee of the city
  housing rent agency or for any official adviser  or  consultant  to  the
  city  housing  rent  agency to disclose, otherwise than in the course of
  official duty, any information obtained under this section,  or  to  use
  any such information for personal benefit.
    (d)  It shall be unlawful for any landlord or any person acting on his
  behalf, with intent to cause the tenant to  vacate,  to  engage  in  any
  course  of  conduct  (including,  but  not  limited  to, interruption or
  discontinuance of essential services) which interferes with or  disturbs
  or  is  intended to interfere with or disturb the comfort, repose, peace
  or quiet  of  the  tenant  in  his  use  or  occupancy  of  the  housing
  accommodations.
    10. Enforcement. (a) Whenever in the judgment of the city housing rent
  agency  any  person  has  engaged  or  is about to engage in any acts or
  practices which  constitute  or  will  constitute  a  violation  of  any
  provision  of  subdivision  nine  of this section, the city housing rent
  agency may make application to the supreme court for an order  enjoining
  such  acts  or practices, or for an order enforcing compliance with such
  provision, or for  an  order  directing  the  landlord  to  correct  the
  violation,  and upon a showing by the city housing rent agency that such
  person has engaged or is about to engage in any such acts or practices a
  permanent or temporary injunction, restraining  order,  or  other  order
  shall  be granted without bond. Jurisdiction shall not be deemed lacking
  in the supreme court because the defense is based upon an  order  of  an
  inferior court.
    (b) Any person who wilfully violates any provision of subdivision nine
  of  this  section, and any person who makes any statement or entry false
  in any material respect in any document or report required to be kept or
  filed under any local law adopted pursuant to subdivision five  of  this
  section  or  any  regulation,  order, or requirement thereunder, and any
  person who wilfully omits or neglects to make any material statement  or
  entry  required  to  be made in any such document or report, shall, upon
  conviction thereof, be subject to a fine of not more than five  thousand
  dollars, or to imprisonment for not more than two years in the case of a
  violation  of  paragraph (c) of subdivision nine of this section and for
  not more than one year in all other cases, or  to  both  such  fine  and
  imprisonment.  Whenever  the  city  housing  rent  agency  has reason to
  believe that any person is liable to punishment  under  this  paragraph,

  the  city  housing  rent  agency  may  certify the facts to the district
  attorney of any county having jurisdiction of the alleged violation, who
  shall cause appropriate proceedings to be brought.
    (c) Any court shall advance on the docket and expedite the disposition
  of  any  criminal  or  other  proceedings  brought  before it under this
  subdivision.
    (d) No officer or employee of the city housing rent  agency  shall  be
  held liable for damages or penalties in any court, on any grounds for or
  in respect of anything done or omitted to be done in good faith pursuant
  to  any provision of the state emergency housing rent control law or any
  local law adopted pursuant to subdivision five of this  section  or  any
  regulation,  order,  or  requirement  thereunder,  notwithstanding  that
  subsequently such provision, regulation, order, or  requirement  may  be
  modified,  rescinded,  or  determined  to  be  invalid. In any action or
  proceeding wherein a party relies for ground of  relief  or  defense  or
  raises  issue  or  brings  into question the construction or validity of
  such local law or any regulation, order, or requirement thereunder,  the
  court  having jurisdiction of such action or proceeding may at any stage
  certify such fact to the city housing rent agency. The city housing rent
  agency may intervene in any such action or proceeding.
    (e) If any landlord  who  receives  rent  from  a  tenant  violates  a
  regulation  or  order  of the temporary state housing rent commission or
  the city housing rent agency prescribing the maximum rent  with  respect
  to  the housing accommodations for which such rent is received from such
  tenant, the tenant paying such rent may, within two years from the  date
  of  the  occurrence  of  the  violation, except as hereinafter provided,
  bring an action against the landlord on account  of  the  overcharge  as
  hereinafter  defined.  In  such action, the landlord shall be liable for
  reasonable attorney's fees and costs as determined by  the  court,  plus
  whichever of the following sums is the greater: (a) such amount not more
  than  three times the amount of the overcharge, or the overcharges, upon
  which the action is based as the court in its discretion may  determine,
  or  (b)  an amount not less than twenty-five dollars nor more than fifty
  dollars, as  the  court  in  its  discretion  may  determine;  provided,
  however,  that  such  amount  shall  be  the amount of the overcharge or
  overcharges  or  twenty-five  dollars,  whichever  is  greater,  if  the
  defendant  proves  that  the  violation  of  the  regulation or order in
  question  was  neither  wilful  nor  the  result  of  failure  to   take
  practicable precautions against the occurrence of the violation. As used
  in  this  section,  the word "overcharge" shall mean the amount by which
  the consideration paid by a tenant to a landlord exceeds the  applicable
  maximum rent. If any landlord who receives rent from a tenant violates a
  regulation  or  order  of the temporary state housing rent commission or
  the city housing rent agency prescribing maximum rent  with  respect  to
  the  housing  accommodations  for  which such rent is received from such
  tenant, and such tenant either fails to institute an action  under  this
  paragraph  within  thirty  days  from  the date of the occurrence of the
  violation or is not entitled for any reason to  bring  the  action,  the
  city  housing  rent  agency may institute an action within such two-year
  period. If such action is instituted by the city  housing  rent  agency,
  the  tenant  affected shall thereafter be barred from bringing an action
  for the same violation or violations. Any action under this paragraph by
  either the tenant or the city housing rent agency, as the case  may  be,
  may  be brought in any court of competent jurisdiction. A judgment in an
  action for damages under this subdivision shall be a bar to the recovery
  under this paragraph of any damages in any other action against the same
  landlord on account of the same overcharge prior to the  institution  of
  the  action  in  which  such  judgment  was  rendered. Where judgment is

  rendered in favor of the city housing rent agency in such action,  there
  shall  be paid over to the tenant from the moneys recovered one-third of
  such recovery, exclusive of costs and disbursements.
    (f) If any landlord who receives rent from a tenant violates any order
  of  the  city  housing  rent  agency  containing  a  directive that rent
  collected by the landlord in excess of the maximum rent be  refunded  to
  the  tenant within thirty days, the city housing rent agency may, within
  one year after the expiration of such thirty day period  or  after  such
  order  shall become final by regulation of the city housing rent agency,
  bring an action against the landlord on account of the  failure  of  the
  landlord  to  make  the  prescribed refund. In such action, the landlord
  shall be liable for reasonable attorney's fees and costs  as  determined
  by  the  court, plus whichever of the following sums is the greater: (a)
  such amount not  more  than  three  times  the  amount  directed  to  be
  refunded,  or  the amount directed to be refunded, upon which the action
  is based as the court in its discretion may determine, or (b) an  amount
  not  less  than  twenty-five dollars nor more than fifty dollars, as the
  court in its discretion may  determine;  provided,  however,  that  such
  amount  shall  be  the  amount  directed  to  be refunded or twenty-five
  dollars,  whichever  is  greater,  if  the  defendant  proves  that  the
  violation  of the order in question was neither wilful nor the result of
  failure to take practical precautions  against  the  occurrence  of  the
  violation.  The  tenant  paying  such  rent may also institute an action
  under this section if the city housing rent agency fails to institute an
  action within thirty days from the date of occurrence of the  violation.
  If  an  action is instituted by the city housing rent agency, the tenant
  affected shall thereafter be barred from bringing an action for the same
  violation. Any action under this section by either the city housing rent
  agency or the tenant, as the case may be, may be brought in any court of
  competent jurisdiction. A judgment in an action for damages  under  this
  section shall be a bar to recovery under this subdivision of any damages
  in  any  other  action  against the same landlord on account of the same
  violation prior to the institution of the action in which such  judgment
  was rendered. Where an action is brought by the tenant the damages which
  shall  be  awarded to the tenant shall be the same as if such action was
  brought by the city housing rent agency. Where judgment is  rendered  in
  favor  of  the  city  housing rent agency in such action, there shall be
  paid over to the tenant from the  moneys  recovered  one-third  of  such
  recovery, exclusive of the costs and disbursements.
    (g) Where after the city housing rent agency has granted a certificate
  of  eviction  certifying  that  the  landlord  may  pursue  his remedies
  pursuant to local law to acquire possession, and  a  tenant  voluntarily
  removes  from  a  housing accommodation or has been removed therefrom by
  action or proceeding to evict from or recover possession  of  a  housing
  accommodation  upon  the ground that the landlord seeks in good faith to
  recover possession of such accommodation for any purpose specified in  a
  local  law adopted pursuant to subdivision five of this section and such
  landlord shall lease or sell the  housing  accommodation  or  the  space
  previously  occupied  thereby, or permit use thereof in any manner other
  than contemplated in such eviction  certificate,  such  landlord  shall,
  unless for good cause shown, be liable to the tenant for three times the
  damages  sustained on account of such removal plus reasonable attorney's
  fees and costs as determined by the court;  in  addition  to  any  other
  damage,  the  cost  of  removal of property shall be a lawful measure of
  damage.
    * (h) Any tenant who has vacated his  housing  accommodations  because
  the  landlord  or  any person acting on his behalf, with intent to cause
  the tenant to vacate, engaged in any course of  conduct  (including  but

  not  limited  to,  interruption or discontinuance of essential services)
  which interfered with or disturbed or was intended to interfere with  or
  disturb  the comfort, repose, peace or quiet of the tenant in his use or
  occupancy  of  the  housing accommodations may, within ninety days after
  vacating, apply for a determination that the housing accommodations were
  vacated as a result of such conduct, and may, within one year after such
  determination, institute a civil action against the landlord  by  reason
  of  such  conduct. Application for such determination may be made to the
  city housing rent agency with respect to housing  accommodations  which,
  by  local  law or ordinance, are made directly subject to regulation and
  control by such agency. For all other housing  accommodadations  subject
  to   regulation   and  control  pursuant  to  the  New  York  city  rent
  stabilization law of nineteen hundred sixty-nine, application  for  such
  determination  may be made to the New York city conciliation and appeals
  board. For the purpose of making and enforcing any determination of  the
  New  York  city  conciliation  and appeals board as herein provided, the
  provisions of sections seven, eight and ten, whenever they refer to  the
  city  housing  rent  agency,  shall be deemed to refer to such board. In
  such action the landlord shall be liable to the tenant for  three  times
  the  damages  sustained  on  account  of  such  conduct  plus reasonable
  attorney's fees and costs as determined by the court. In addition to any
  other damages the cost of removal of property shall be a lawful  measure
  of damages.
    * NB Effective until June 16, 2019
    * (h)  Any  tenant  who has vacated his housing accommodations because
  the landlord or any person acting on his behalf, with  intent  to  cause
  the  tenant  to  vacate, engaged in any course of conduct (including but
  not limited to, interruption or discontinuance  of  essential  services)
  which  interfered with or disturbed or was intended to interfere with or
  disturb the comfort, repose, peace or quiet of the tenant in his use  or
  occupancy  of  the  housing accommodations may, within ninety days after
  vacating, apply for a determination that the housing accommodations were
  vacated as a result of such conduct, and may, within one year after such
  determination, institute a civil action against the landlord  by  reason
  of  such  conduct. Application for such determination may be made to the
  city housing rent agency with respect to housing  accommodations  which,
  by  local  law or ordinance, are made directly subject to regulation and
  control by such agency. For all other housing accommodations subject  to
  regulation  and  control by local law or ordinance, application for such
  determination may be made to the state division of housing and community
  renewal. For the purpose of making and enforcing  any  determination  of
  the  state  division,  as  herein  provided,  the provisions of sections
  seven, eight and ten, whenever they  refer  to  the  city  housing  rent
  agency,  shall  be deemed to refer to the state division. In such action
  the landlord shall be liable to the tenant for three times  the  damages
  sustained on account of such conduct plus reasonable attorney's fees and
  costs  as  determined by the court. In addition to any other damages the
  cost of removal of property shall be a lawful measure of damages.
    * NB Effective June 16, 2019
    11. Transfer  of  certain  pending  matters.  Except  as  provided  in
  subdivision   thirteen   of   this  section,  any  matter,  application,
  proceeding or protest undertaken, filed or commenced by, with or  before
  the   temporary   state  housing  rent  commission  or  the  state  rent
  administrator relating to the  regulation  and  control  or  residential
  rents  and evictions within a city having a population of one million or
  more and pending on May first,  nineteen  hundred  sixty-two,  shall  be
  transferred  to,  conducted  by, and completed or determined by the city
  housing rent agency.  In  discharging  such  responsibilities  the  city

  housing  rent  agency shall act in conformity with the provisions of the
  state emergency housing rent control law, and the rules and  regulations
  promulgated   thereunder,   governing   such  matters,  applications  or
  proceedings,  unless  at  the time such action is taken, such state law,
  and the rules and regulations promulgated thereunder, have been  amended
  or  superseded  by  local laws, ordinances, rules or regulations adopted
  pursuant to subdivision five of this section,  and  in  such  event,  in
  conformity  therewith to the extent such local law, ordinances, rules or
  regulations are made expressly applicable to such matters,  applications
  or proceedings.
    12.  Termination  of  state  regulation  and control. On and after May
  first, nineteen hundred sixty-two,  the  temporary  state  housing  rent
  commission  and  the state rent administrator shall have no jurisdiction
  over the regulation and  control  of  residential  rents  and  evictions
  within any city having a population of one million or more.
    13.  Pending court proceedings. All appeals or other court proceedings
  relating  to  the  regulation  and  control  of  residential  rents  and
  evictions  in a city having a population of one million or more to which
  the  temporary  state  housing  rent  commission  or  the   state   rent
  administrator  is  a  party  and which is pending on May first, nineteen
  hundred sixty-two  or  thereafter  prosecuted  shall  be  prosecuted  or
  defended  by  the  temporary state housing rent commission and the state
  rent administrator pursuant to the state emergency housing rent  control
  law  to  a  final  determination  or  other  disposition by the court in
  accordance with law.  If  the  court  remits  any  such  matter  to  the
  temporary  state  housing  rent  commission, the commission may transfer
  such matter to the city housing rent agency for disposition pursuant  to
  subdivision eleven of this section.
    14. Civil service. Upon the transfer of the functions of the temporary
  state  housing  rent commission to the city housing rent agency pursuant
  to subdivision six of this section, the officers, and employees of  such
  commission,  other  than those certified for retention by the state rent
  administrator to the state department of civil service  prior  to  April
  first,  nineteen  hundred  sixty-two,  as  required  for  the  continued
  operations of such commission, shall be transferred  as  of  May  first,
  nineteen  hundred  sixty-two,  to  the  city housing rent agency for the
  continued performance of their functions. Such  officers  and  employees
  shall  be transferred to similar or corresponding positions in such city
  housing rent agency, without further examination or  qualification,  and
  shall    retain    their   respective   civil   service   jurisdictional
  classifications and status. If the city housing rent  agency  determines
  that  it  will  not accept for transfer all such officers and employees,
  the city housing rent agency shall certify to the  state  department  of
  civil  service  those officers and employees whom it will not accept for
  transfer and in such event, the determination of those to be transferred
  shall be made by selection of the city housing rent  agency  from  among
  officers  and  employees  holding  permanent appointments in competitive
  class positions in the order  of  their  respective  dates  of  original
  appointments  in  the service of the state, with due regard to the right
  of preference in retention of disabled  and  non-disabled  veterans  and
  blind persons.
    Notwithstanding  the  provisions of any general, special or local law,
  code or charter requiring officers and employees  of  a  city  having  a
  population  of  one  million or more to be residents of such city at the
  time of their entry into city service or during the continuance of  such
  service,  officers  and  employees  of  the temporary state housing rent
  commission shall be transferred to and shall be  retained  by  the  city

  housing rent agency pursuant to this subdivision without regard to local
  residence.
    Officers  and  employees holding permanent appointments in competitive
  class  positions,  other  than  those  certified  by  the   state   rent
  administrator  for  retention  in  the service of the state, who are not
  accepted for transfer by the city housing rent agency or who request  to
  be  excepted  from  such  transfer  shall have their names entered on an
  appropriate preferred list for reinstatement  to  the  same  or  similar
  positions in the service of the state.
    Officers  and  employees  transferred  to the city housing rent agency
  pursuant to this subdivision shall be entitled to full seniority  credit
  for all purposes, including the determination of their city salaries and
  increments,  for  service in the state government rendered prior to such
  transfer,  as  though  such  service  had  been  service  in  the   city
  government. Such transferees shall retain their earned unused sick leave
  and  vacation  credits,  but  not  in  excess  of  maximum accumulations
  permitted under such municipal rules as may be applicable.
    Officers and employees transferred pursuant to this subdivision  shall
  thereafter  be  subject  to  the rules and jurisdiction of the municipal
  civil service commission having jurisdiction over the city housing  rent
  agency  to  which  such  transfer is made. The state department of civil
  service shall transfer to such municipal civil service commission on May
  first, nineteen hundred sixty-two, or  as  soon  thereafter  as  may  be
  practicable, all eligible lists, records, documents and files pertaining
  to  the  officers  and  employees so transferred and to their positions.
  Examinations  for  positions  in  the  temporary  state   housing   rent
  commission   which  are  in  process  on  May  first,  nineteen  hundred
  sixty-two, shall be completed by the state civil service commission  and
  eligible  lists  established.  Such  lists  shall  be included among the
  eligible lists transferred to the municipal  civil  service  commission.
  Any such eligible list shall continue to be used by such municipal civil
  service  commission  and shall be certified by it in accordance with the
  provisions of  its  rules  and  regulations  for  filling  vacancies  in
  appropriate  positions  in  the  city housing rent agency exercising the
  functions transferred pursuant to this section; provided, however,  that
  such  certifications  from  promotion eligible lists shall be limited to
  eligibles transferred to such city housing rent agency pursuant to  this
  subdivision.  Promotions  in the temporary state housing rent commission
  shall be made from among eligibles on  appropriate  lists  who  are  not
  transferred  to  the  city  housing rent agency. All other matters which
  relate to the administration of the civil service law  with  respect  to
  the officers and employees transferred pursuant to this subdivision, and
  with  respect to their positions, and which at the time of such transfer
  are pending before the state department of civil service  or  the  state
  civil  service  commission, shall be transferred to such municipal civil
  service commission, and any action theretofore taken on such matters  by
  such state department or commission shall have the same force and effect
  as if taken by such municipal civil service commission.
    15.  Intergovernmental  cooperation.  The temporary state housing rent
  commission and the state rent administrator  shall  cooperate  with  the
  city  housing  rent  agency in effectuating the purposes of this act and
  shall make available to the city housing rent agency  such  cooperation,
  information,  records  and  data  as  will  assist the city housing rent
  agency in effectuating such purposes.
    Upon  the  request  of  the  city  housing  rent  agency,   all   such
  information,  records and data relating to the regulation and control of
  residential rents and evictions within such city shall be transferred to

  the city housing rent agency on May first, nineteen hundred sixty-two or
  as soon thereafter as may be practicable.
    Subject  to  the  approval  of the state rent administrator, the state
  commissioner of general services is hereby  authorized  to  sublease  or
  otherwise  make available, in part or in whole, to the city housing rent
  agency, upon such terms and conditions  as  the  said  commissioner  may
  prescribe,  any premises leased to the state and occupied on or prior to
  May first, nineteen hundred sixty-two by  the  temporary  state  housing
  rent commission.
    Notwithstanding the provisions of section one hundred seventy-eight of
  the  state  finance  law,  the state commissioner of general services is
  hereby authorized to sell, lease or otherwise make available to the city
  housing rent  agency,  upon  such  terms  and  conditions  as  the  said
  commissioner may prescribe and subject to the approval of the state rent
  administrator,  any  or  all  personal  property used on or prior to May
  first, nineteen hundred sixty-two by the temporary  state  housing  rent
  commission.
    16.  Saving  clause.  If  any local law or ordinance in respect of the
  regulation and  control  of  residential  rents  and  evictions  adopted
  pursuant  to  subdivision  five  of this section shall be held wholly or
  partially invalid by final decree of a court of competent  jurisdiction,
  the  city  housing  rent  agency  shall administer the provisions of the
  state emergency housing rent control law  to  the  extent  of  any  such
  invalidity.
    17.  Separability.  If any subdivision, paragraph, sentence, clause or
  provision of this section shall be held wholly or partially  invalid  by
  final decree of a court of competent jurisdiction, to the extent that it
  is  not  invalid, it shall be valid and no other subdivision, paragraph,
  sentence, clause  or  provision  shall  on  account  thereof  be  deemed
  invalid.
    §  2. Promptly after the effective date of this act, the mayor of each
  city having a population of one million or more shall  transmit  to  the
  governor,  in  such  form  and detail as the governor may prescribe, his
  request, if any, for an appropriation from the state treasury to  defray
  the  reasonable and necessary expenses of such city for personal service
  and for maintenance and operation  in  respect  of  the  regulation  and
  control  of residential rents within such city pursuant to this act. Any
  such request shall be in sufficient detail to justify the reasonableness
  and necessity of the amount requested.
    If a request is received from the mayor of any  such  city  after  the
  final  adjournment of the regular session of the legislature in nineteen
  hundred sixty-two, the state director of the  budget  is  authorized  to
  transfer  to  such  city  from time to time a portion of any outstanding
  appropriation made to the temporary state housing rent commission  after
  filing  a  certificate  of such transfer with the state comptroller, the
  chairman of the  senate  finance  committee  and  the  chairman  of  the
  assembly  ways  and  means committee. Any amount so transferred shall be
  paid from the general fund to the credit of the local assistance fund on
  the audit and warrant of the state comptroller on vouchers requisitioned
  by the mayor of such city or by an official of such city  designated  by
  the mayor.
    §  2-a.  Notwithstanding any other provision of law, during the period
  April  first,  nineteen  hundred  seventy-two  to  March   thirty-first,
  nineteen  hundred seventy-three, the city housing rent agency may assess
  and collect fees or  charges  upon  landlords  pursuant  to  local  rent
  control  laws  or regulations subject to such terms and conditions as it
  may deem to be appropriate, provided, however, that such fees or charges
  shall  not  exceed  three  dollars  per  housing  accommodation  in  the

  aggregate.  In  addition,  no  such  fees  or  charges shall be assessed
  against  any  owner  occupied  structure  with  eight  or  less  housing
  accommodations.   To   the   extent  that  such  fees  and  charges  are
  insufficient  to  provide  the  full  amount  required  for services and
  expenses necessary to the operation of the  rent  control  program,  the
  amount  appropriated  by  the  legislature, or so much thereof as may be
  necessary, shall be available for the payment of state aid. The  officer
  or  officers designated by local law or regulation to assess and collect
  such  fees  or  charges  and  to  make  disbursements  therefrom,  shall
  maintain, and provide at such times and in the manner and form as may be
  prescribed  by  the  comptroller  and  the director of the budget of the
  state of New York, a record and accounting of  all  funds  received  and
  disbursed pursuant to this authorization.
    §  5.  Any adjustments in maximum rents ordered by the temporary state
  housing rent commission on and after June  thirtieth,  nineteen  hundred
  sixty-one,  and resulting in an increase thereof solely by reason of the
  amendments made by chapter three hundred thirty-seven  of  the  laws  of
  nineteen  hundred  sixty-one  to  paragraph  (a)  of subdivision four of
  section four of the emergency housing rent control  law  which  provided
  for  the  application  of the most recent equalization rate, rather than
  the equalization rate for the  year  nineteen  hundred  fifty-four,  are
  hereby  rescinded  and  nullified,  provided,  however, that no right is
  conferred by this act to recover any such increase  paid  prior  to  the
  effective date of this act.
    §   6.   Notwithstanding   any  provision  of  chapter  three  hundred
  thirty-seven of the laws of nineteen hundred  sixty-one,  maximum  rents
  established  in  any  city  having  a  population of one million or more
  pursuant to the emergency housing rent control law, as last  amended  by
  such  chapter,  shall  not  be  increased  during the period between the
  effective date of this act and May first,  nineteen  hundred  sixty-two,
  except with the voluntary written consent of the tenant affected.

  
Section:

Last modified: September 11, 2016