NY-ETP Emergency Tenant Protection Act 576/74 NY

Contents
§ 1 — Short title

Section 1. Short title. This act shall be known and may be cited as

the "emergency tenant protection act of nineteen seventy-four".

§ 2 — Legislative finding

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, that such

emergency necessitates 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 this act or 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.

§ 3 — Local determination of emergency; end of emergency

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.

d. When requested by a municipality or a designee, as a part of a

study to determine its vacancy rate, owners, or their agent, of housing

accommodations in the class of housing accommodations determined, shall

provide the most recent records of rent rolls and, if available, records

for the preceding thirty-six months. Such records shall include the

tenant's relevant information relating to finding the vacancy rate of

such municipality including but not limited to the name, address, and

amount paid or charged on a weekly, monthly, or annual basis for each

occupied housing accommodation and which housing accommodations are

vacant at the time of the survey and available for rent. Such records

shall also include any housing accommodations that are vacant and not

available for rent and provide the reason why such unit is not available

for rent.

e. A municipality may impose a civil penalty or fee of up to five

hundred dollars on an owner or their agent if the owner or their agent

refuses to participate in such vacancy survey and cooperate with the

municipality or a designee in such vacancy survey, or submits knowingly

and intentionally false vacancy information.

f. A nonrespondent owner shall be deemed to have zero vacancies.

g. Identifying data or information shall be kept confidential and

shall not be shared, traded, given, or sold to any other entity for any

purpose outside of such vacancy study.

§ 4 — Establishment of rent guidelines boards; duties

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, except that a rent guidelines board created

subsequent to the effective date of the chapter of the laws of two

thousand nineteen that amended this section shall consist of nine

members appointed by the commissioner of housing and community renewal

upon recommendations of the local legislative body of each city having a

population of less than one million or town or village which has

determined the existence of an emergency pursuant to section three of

this act. Such 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.

a-1. Notwithstanding the provisions of subdivision a of this section

to the contrary, in each county that became subject to this act pursuant

to the chapter of the laws of two thousand nineteen that amended this

section, the commissioner shall reconstitute the existing rent

guidelines board subsequent to any initial local declaration of

emergency within such county for the purpose of ensuring representation

of all cities having a population of less than one million and all towns

and villages within such county having determined the existence of an

emergency in accordance with this act are represented, pursuant to rules

and regulations promulgated by the division of housing and community

renewal.

b. A county rent guidelines board shall establish annual 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. A

rent guidelines board shall not establish annual guidelines for rent

adjustments based on the current rental cost of a unit or on the amount

of time that has elapsed since another rent increase was authorized

pursuant to this chapter.

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 amended, 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.

e. Notwithstanding any other provision of this act, the adjustment for

vacancy leases covered by the provisions of this act shall be determined

exclusively pursuant to section ten of this act. Rent guidelines boards

shall no longer promulgate adjustments for vacancy leases.

§ 5 — Housing accommodations subject to regulation

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; provided that an owner claiming exemption

from rent stabilization on the basis of a substantial rehabilitation,

where the work for such rehabilitation was initiated on or after the

first day of January, two thousand twenty-four, shall seek approval from

state division of housing and community renewal within one year of the

completion of the substantial rehabilitation, and ultimately obtain such

approval, which shall be denied on the following grounds:

(a) the owner or its predecessors in interest have engaged in

harassment of tenants in the five years preceding the completion of the

substantial rehabilitation;

(b) the building was not in a substandard or seriously deteriorated

condition requiring substantial rehabilitation; or

(c) any additional grounds as set forth by regulation;

(5-a) housing accommodations located outside of a city with a

population of one million or more in any such buildings that were vacant

and unoccupied on June first, two thousand nineteen and had been vacant

and unoccupied for at least the one-year period immediately preceding

such date;

(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 (i) 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 or (ii) permanent housing accommodations with government

contracted services, as of and after June fourteenth, two thousand

nineteen, to vulnerable individuals or individuals with disabilities who

are or were homeless or at risk of homelessness; provided, however, that

the terms of leases in existence as of June fourteenth, two thousand

nineteen, shall only be affected upon lease renewal, and further

provided that upon the vacancy of such housing accommodations, the legal

regulated rent for such housing accommodations shall be the legal

regulated rent paid for such housing accommodations by the prior tenant,

subject only to any adjustment adopted by the applicable rent guidelines

board;

(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 except for permanent housing

accommodations with government contracted services, as of and after the

effective date of the chapter of the laws of two thousand nineteen that

amended this paragraph, to vulnerable individuals or individuals with

disabilities who are or were homeless or at risk of homelessness;

provided, however, that the terms of leases in existence as of the

effective date of the chapter of the laws of two thousand nineteen that

amended this paragraph, shall only be affected upon lease renewal, and

further provided that upon the vacancy of such housing accommodations,

the legal regulated rent for such housing accommodations shall be the

legal regulated rent paid for such housing accommodations by the prior

tenant, subject only to any adjustment adopted by the applicable rent

guidelines board;

(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. For the purposes of this paragraph, where a housing

accommodation is rented to a not-for-profit for providing, as of and

after the effective date of the chapter of the laws of two thousand

nineteen that amended this paragraph, permanent housing to individuals

who are or were homeless or at risk of homelessness, affiliated

subtenants authorized to use such accommodations by such not-for-profit

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.

(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.

§ 5-a — High income rent deregulation

* § 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

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 installation of new equipment or improvements or new furniture

or furnishings, provided in or to a tenant's housing accommodation, on

written informed tenant consent to the rent increase. In the case of a

vacant housing accommodation, tenant consent shall not be required.

Except as provided in subparagraph (B) of this paragraph, the increase

in the legal regulated rent for the affected housing accommodation shall

be one-one hundred sixty-eighth, in the case of a building with

thirty-five or fewer housing accommodations or one-one hundred eightieth

in the case of a building with more than thirty-five housing

accommodations where such increase takes effect on or after the

effective date of the chapter of the laws of two thousand nineteen that

amended this paragraph, of the total actual cost incurred by the

landlord up to an amount set forth in this paragraph in providing such

reasonable and verifiable modification or increase in dwelling space,

furniture, furnishings, or equipment, including the cost of installation

but excluding finance charges and any costs that exceed reasonable costs

established by rules and regulations promulgated by the division of

housing and community renewal. Such rules and regulations shall include:

(i) requirements for work to be done by licensed contractors and a

prohibition on common ownership between the landlord and the contractor

or vendor; and (ii) a requirement that the owner resolve within the

dwelling space all outstanding hazardous or immediately hazardous

violations of the Uniform Fire Prevention and Building Code (Uniform

Code), New York City Fire Code, or New York City Building and Housing

Maintenance Codes, if applicable. 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. Provided

further that the recoverable costs incurred by the landlord, pursuant to

this paragraph, shall be limited to an aggregate cost pursuant to the

following:

(A) thirty thousand dollars that may be expended in a fifteen-year

period beginning with the first individual apartment improvement on or

after June fourteenth, two thousand nineteen, provided further that:

(1) if there is a tenant in place at the time the individual apartment

improvement is undertaken, no costs incurred by the landlord shall be

recoverable pursuant to this subparagraph unless the landlord obtains

written tenant consent from the tenant in place at the time the

individual apartment improvement was undertaken;

(2) increases to the legal regulated rent pursuant to this

subparagraph shall be permanent; and

(3) the thirty thousand dollars may be expended, in the aggregate, on

any number of separate individual apartment improvements in a

fifteen-year period, but in no event shall costs above thirty thousand

dollars be recoverable in a fifteen-year period pursuant to this

subparagraph.

(B) fifty thousand dollars that may be expended in a fifteen-year

period beginning with the first individual apartment improvement on or

after June fourteenth, two thousand nineteen, pursuant to regulation,

operational bulletin or such other guidance as the division of housing

and community renewal may issue, provided further that:

(1) costs shall only be recoverable by a landlord pursuant to this

subparagraph for an individual apartment improvement undertaken during a

vacancy;

(2) costs shall only be recoverable by a landlord pursuant to this

subparagraph for an individual apartment improvement if (i) the

apartment was timely registered as vacant by no later than the

thirty-first of December in each of two thousand twenty-two, two

thousand twenty-three, and two thousand twenty-four, provided that a

landlord may recover costs on this basis no more than once, or (ii) if

the apartment is vacant following a period of continuous occupancy of at

least twenty-five years that occurred immediately prior to the

commencement of such individual apartment improvement;

(3) costs shall only be recoverable by a landlord pursuant to this

subparagraph if such landlord has received prior certification to

recover costs pursuant to this subparagraph from the division of housing

and community renewal based on establishing that the landlord satisfies

one of the eligibility criteria delineated in clause two of this

subparagraph, provided further that such certification shall not be

deemed as evidence that the work performed or costs claimed for the

individual apartment improvement was substantiated or to otherwise act

as a defense in any subsequent rent overcharge proceeding,

determination, or audit;

(4) increases to the legal regulated rent pursuant to this

subparagraph shall be permanent;

(5) the increase in the legal regulated rent for the affected housing

accommodation shall be one-one hundred forty-fourth, in the case of a

building with thirty-five or fewer housing accommodations or one-one

hundred fifty-sixth in the case of a building with more than thirty-five

housing accommodations where such increase takes effect on or after the

effective date of the chapter of the laws of two thousand twenty-four

that amended this paragraph, of the total actual cost incurred by the

landlord up to fifty thousand dollars in providing such reasonable and

verifiable modification or increase in dwelling space, furniture,

furnishings, or equipment, including the cost of installation but

excluding finance charges and any costs that exceed reasonable costs

established by rules and regulations promulgated by the division of

housing and community renewal;

(6) costs shall only be recoverable by a landlord pursuant to this

subparagraph for an individual apartment improvement if, immediately

prior to undertaking such individual apartment improvement, the landlord

submits to the division of housing and community renewal any evidence

that the division of housing and community renewal deems necessary and

requests pursuant to regulation, operational bulletin or other guidance,

demonstrating that the improvement was necessitated by a sub-standard

condition or exceeding its useful life immediately prior to the

landlord's work to improve the unit and the landlord's planned work to

improve the unit. Such evidence shall include, but shall not be limited

to, photos of any areas, aspects or appliances in the apartment that

will be improved, and any necessary permits required to undertake the

improvements;

(7) costs shall only be recoverable by a landlord pursuant to this

subparagraph for an individual apartment improvement if, immediately

subsequent to undertaking the individual apartment improvement, the

landlord submits to the division of housing and community renewal any

evidence that the division of housing and community renewal deems

necessary and requests pursuant to regulation, operational bulletin or

other guidance, evidence of the completed work. Such evidence shall

include, but shall not be limited to, photographs of the completed work,

itemized receipts for all parts, materials, appliances, and labor costs,

and proof of payment. Provided further, the division of housing and

community renewal shall require the payment of a fee that equals one

percent of the amount claimed for the individual apartment improvement

at the time of such filing;

(8) for costs recoverable pursuant to item (ii) of clause two of this

subparagraph, the fifty thousand dollars may be expended, in the

aggregate, on any number of separate individual apartment improvements

in a fifteen-year period, but in no event shall costs above fifty

thousand dollars be recoverable in a fifteen-year period pursuant to

this subparagraph;

(9) the division of housing and community renewal may perform an audit

of any individual apartment improvement conducted pursuant to this

subparagraph to determine whether the individual apartment improvement

was undertaken in the manner described and to the extent claimed by the

landlord, whether the costs claimed were substantiated by records, and

whether the rent was properly adjusted. Such audit may incorporate an

inspection of the accommodation at bar. The landlord and the tenant

living in the accommodation may participate in such audit. In the event

the audit finds that the recoverable costs claimed by the landlord

cannot be substantiated, the resulting overcharge shall be considered to

be willful. In addition, the division of housing and community renewal

may issue any fines or penalties set forth in regulations;

(10) the division of housing and community renewal shall perform

random on-site inspections, as it deems necessary, for any unit for

which the owner seeks to recover costs pursuant to this subparagraph;

and

(11) no owner shall be eligible for the rent increase based on

individual apartment improvements pursuant to this subparagraph if,

within the five year period prior to filing such individual apartment

improvement, any unit within any building owned by any owner of the

building in which the unit for which the owner seeks an individual

apartment improvement is located, including but not limited to partial

or beneficial owners, has been the subject of an award or determination

by the division of housing and community renewal or a court of competent

jurisdiction for treble damages due to an overcharge or the owner of the

building in which the unit is located has been the subject of an award

or determination by the division of housing and community renewal or a

court of competent jurisdiction for harassment of any tenants, provided

that such owner shall provide an affidavit confirming such owner's

eligibility under this clause to the division of housing and community

renewal at the same time as, and in addition to, any other materials the

division of housing and community renewal shall require an owner to

submit pursuant to clause six of this subparagraph, and provided further

that such affidavit shall not be deemed to be evidence of compliance

with this clause or a defense in any subsequent rent overcharge

proceeding, determination, or audit.

(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 essential for the preservation, energy

efficiency, functionality, or infrastructure of the entire building,

improvement of the structure including heating, windows, plumbing and

roofing, but shall not be for operation costs or unnecessary cosmetic

improvements. An adjustment under this paragraph shall be in an amount

sufficient to amortize the cost of the improvements pursuant to this

paragraph over a twelve-year period for a building with thirty-five or

fewer housing accommodations, or a twelve and one-half period for a

building with more than thirty-five housing accommodations and shall be

removed from the legal regulated rent thirty years from the date the

increase became effective inclusive of any increases granted by the

applicable rent guidelines board, for any determination issued by the

division of housing and community renewal after the effective date of

the chapter of the laws of two thousand nineteen that amended this

paragraph. Temporary major capital improvement increases shall be

collectable prospectively on the first day of the first month beginning

sixty days from the date of mailing notice of approval to the tenant.

Such notice shall disclose the total monthly increase in rent and the

first month in which the tenant would be required to pay the temporary

increase. An approval for a temporary major capital improvement increase

shall not include retroactive payments. The collection of any increase

shall not exceed two 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. Upon vacancy, the landlord may add

any remaining balance of the temporary major capital improvement

increase to the legal regulated rent. Notwithstanding any other

provision of the law, the collection of any rent increases for any

renewal lease commencing on or after June 14, 2019, due to any major

capital improvements approved on or after June 16, 2012 and before June

16, 2019 shall not exceed two percent in any year for any tenant in

occupancy on the date the major capital improvement was approved, or

(3-a) an application for a temporary major capital improvement

increase has been filed, a tenant shall have sixty days from the date of

mailing of a notice of a proceeding in which to answer or reply. The

state division of housing and community renewal shall provide any

responding tenant with the reasons for the division's approval or denial

of such application; 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.

f-1. An owner, lessor or agent thereof shall be prohibited from

assessing a lessee any fee, surcharge or other charges for legal

services in connection with the operation or rental of a residential

unit unless the owner, lessor or agent has the legal authority to do so

pursuant to a court order. Legal services include, but are not limited

to, court fees, legal representation, attorney fees, notary public

charges, and administrative fees incurred by the owner, lessor or agent

in connection with management of the building, including actions and

proceedings in a court of law. Any agreement or assessment to the

contrary shall be void as contrary to public policy.

g. No owner of a housing accommodation subject to the provisions of

this section shall impose any surcharge for the installation and use of

a tenant-installed air conditioner unit where the tenant pays for

electric utility service.

§ 7 — Maintenance of services

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.

§ 8 — Administration

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, in consultation with the director of the

budget, 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, in

consultation with the director of the budget, 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, in

consultation with the director of the budget, as herein prescribed, the

commissioner, in consultation with the director of the budget, 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 twenty dollars per unit per year.

d. Notwithstanding subdivision c of this section or any other

provision of law to the contrary, whenever the state has incurred any

costs as a result of administering the rent regulation program for a

city having a population of one million or more in accordance with

subdivision c of this section, on or after April first of each year, the

commissioner of housing and community renewal, in consultation with the

director of the budget, shall determine an amount necessary to defray

the state's anticipated annual cost. In the event that the division does

not send a bill to the city to defray such costs in accordance with

subdivision c of this section, it shall submit to the city an invoice

showing all such costs as soon as practicable after the start of the

state fiscal year in which the costs are to be incurred. The director of

the budget may direct any other state agency to reduce the amount of any

other payment or payments owed to such city or any department, agency,

or instrumentality thereof; provided however, that such reduction shall

be made no sooner than thirty days after the transmittal of the invoice

of costs, and shall be in an amount equal to the costs incurred by the

state in administering the rent regulation program for such city in

accordance with subdivision c of this section. Within thirty days of the

receipt of the invoice of costs, the city may send to the division, in

written form, requests for additional information relating to such

costs, including any recommendations on which local assistance payment

would be reduced. If the director of the budget makes such direction in

accordance with this subdivision, the impacted city shall not make the

payments required by subdivision c of this section, and the division of

housing and community renewal shall notify such city in writing of what

payment or payments will be reduced and the amount of the reduction and

shall suballocate, as necessary, the value of the costs it incurred to

the agency or agencies which reduces the payments to such city or any

department, agency or authority thereof in accordance with this

subdivision.

e. The failure to pay the prescribed assessment not to exceed twenty

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.

f. 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.

§ 9 — Application for adjustment of initial legal regulated rent

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.

§ 10 — Regulations

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 ensure 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 a housing accommodation for his or her

own use and occupancy or for the use and occupancy of his or her

immediate family shall permit recovery of only one housing

accommodation, shall require that an owner demonstrate immediate and

compelling need and that the housing accommodation will be the proposed

occupants' primary residence 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 fifteen 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; provided, however, that a tenant

required to surrender a housing accommodation under this subdivision

shall have a cause of action in any court of competent jurisdiction for

damages, declaratory, and injunctive relief against a landlord or

purchaser of the premises who makes a fraudulent statement regarding a

proposed use of the housing accommodation. In any action or proceeding

brought pursuant to this subdivision a prevailing tenant shall be

entitled to recovery of actual damages, and reasonable attorneys' fees.

(a-2) 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

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. For any tenant who is subject to a lease on or after the effective

date of a chapter of the laws of two thousand nineteen which amended

this subdivision, or is or was entitled to receive a renewal or vacancy

lease on or after such date, upon renewal of such lease, the amount of

rent for such housing accommodation that may be charged and paid shall

be no more than the rent charged to and paid by the tenant prior to that

renewal, as adjusted by the most recent applicable guidelines increases

and any other increases authorized by law. Provided, however, that for

buildings that are subject to this statute by virtue of a regulatory

agreement with a local government agency and which buildings receive

federal project based rental assistance administered by the United

States department of housing and urban development or a state or local

section eight administering agency, where the rent set by the federal,

state or local governmental agency is less than the legal regulated rent

for the housing accommodation, the amount of rent for such housing

accommodation which may be charged with the approval of such federal,

state or local governmental agency upon renewal or upon vacancy thereof,

may be based upon such previously established legal regulated rent, as

adjusted by the most recent applicable guidelines increases or other

increases authorized by law; and further provided that such vacancy

shall not be caused by the failure of the owner or an agent of the

owner, to maintain the housing accommodation in compliance with the

warranty of habitability set forth in subdivision one of section two

hundred thirty-five-b of the real property 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.

§ 10-a — Right to sublease

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.

§ 10-b — Major capital improvements and individual apartment improvements in rent regulated units

Major capital improvements and individual apartment

improvements in rent regulated units. (a) Notwithstanding any other

provision of law to the contrary, the division of housing and community

renewal, the "division", shall promulgate rules and regulations

applicable to all rent regulated units that shall:

1. establish a schedule of reasonable costs for major capital

improvements, which shall set a ceiling for what can be recovered

through a temporary major capital improvement increase, based on the

type of improvement and its rate of depreciation;

2. establish the criteria for eligibility of a temporary major capital

improvement increase including the type of improvement, which shall be

essential for the preservation, energy efficiency, functionality or

infrastructure of the entire building, including heating, windows,

plumbing and roofing, but shall not be for operational costs or

unnecessary cosmetic improvements. Allowable improvements must

additionally be depreciable pursuant to the Internal Revenue Service,

other than for ordinary repairs, that directly or indirectly benefit all

tenants; and no increase shall be approved for group work done in

individual apartments that is otherwise not an improvement to an entire

building. Only such costs that are actual, reasonable, and verifiable

may be approved as a temporary major capital improvement increase;

3. require that any temporary major capital improvement increase

granted pursuant to these provisions be reduced by an amount equal to

(i) any governmental grant received by the landlord, where such grant

compensates the landlord for any improvements required by a city, state

or federal government, an agency or any granting governmental entity to

be expended for improvements and (ii) any insurance payment received by

the landlord where such insurance payment compensates the landlord for

any part of the costs of the improvements;

4. prohibit temporary major capital improvement increases for

buildings with outstanding hazardous or immediately hazardous violations

of the Uniform Fire Prevention and Building Code (Uniform Code), New

York City Fire Code, or New York City Building and Housing Maintenance

Codes, if applicable;

5. prohibit individual apartment improvement increases for housing

accommodations with outstanding hazardous or immediately hazardous

violations of the Uniform Fire Prevention and Building Code (Uniform

Code), New York City Fire Code, or New York City Building and Housing

Maintenance Codes, if applicable;

6. prohibit temporary major capital improvement increases for

buildings with thirty-five per centum or fewer rent-regulated units;

7. establish that temporary major capital improvement increases shall

be fixed to the unit and shall cease thirty years from the date the

increase became effective. Temporary major capital improvement increases

shall be added to the legal regulated rent as a temporary increase and

shall be removed from the legal regulated rent thirty years from the

date the increase became effective inclusive of any increases granted by

the local rent guidelines board;

8. establish that temporary major capital improvement increases shall

be collectible prospectively on the first day of the first month

beginning sixty days from the date of mailing notice of approval to the

tenant. Such notice shall disclose the total monthly increase in rent

and the first month in which the tenant would be required to pay the

temporary increase. An approval for a temporary major capital

improvement increase shall not include retroactive payments. The

collection of any increase shall not exceed two 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. Upon vacancy,

the landlord may add any remaining balance of the temporary major

capital improvement increase to the legal regulated rent.

Notwithstanding any other provision of the law, for any renewal lease

commencing on or after June 14, 2019, the collection of any rent

increases due to any major capital improvements approved on or after

June 16, 2012 and before June 16, 2019 shall not exceed two percent in

any year for any tenant in occupancy on the date the major capital

improvement was approved;

9. ensure that the application procedure for temporary major capital

improvement increases shall include an itemized list of work performed

and a description or explanation of the reason or purpose of such work;

10. provide, that where an application for a major capital improvement

rent increase has been filed, a tenant shall have sixty days from the

date of mailing of a notice of a proceeding in which to answer or reply;

11. establish a notification and documentation procedure for

individual apartment improvements that requires an itemized list of work

performed and a description or explanation of the reason or purpose of

such work, inclusive of photographic evidence documenting the condition

prior to and after the completion of the performed work. Provide for the

centralized electronic retention of such documentation and any other

supporting documentation to be made available in cases pertaining to the

adjustment of legal regulated rents; and

12. establish a form in the top six languages other than English

spoken in the state according to the latest available data from the U.S.

Bureau of Census for an individual apartment improvement rent increase

for a tenant in occupancy which shall be used by landlords to obtain

written informed consent that shall include the estimated total cost of

the improvement and the estimated monthly rent increase. Such consent

shall be executed in the tenant's primary language. Such form shall be

completed and preserved in the centralized electronic retention system

to be operational by June 14, 2020, provided further that any changes to

the form required due to the individual apartment improvement being

permanent shall be completed as of October 14, 2024. Nothing herein

shall relieve a landlord, lessor, or agent thereof of such person's duty

to retain proper documentation of all improvements performed or any rent

increases resulting from said improvements.

13. (i) where an owner combines two or more vacant housing

accommodations or combines a vacant housing accommodation with an

occupied housing accommodation, such initial rent for such new housing

accommodation shall be the combined legal rent for both previous housing

accommodations, subject to any applicable guideline increases and any

other increases authorized by this chapter including any individual

apartment improvement increases applicable for both housing

accommodations. If an owner combines a rent regulated accommodation with

an apartment not subject to rent regulation, the resulting apartment

shall be subject to this act. If an owner increases the area of an

apartment not subject to rent regulation by adding space that was

previously part of a rent regulated apartment, each apartment shall be

subject to this act.

(ii) where an owner substantially increases the outer dimension of a

vacant housing accommodation, such initial rent shall be the prior rent

of such housing accommodation, increased by a percentage that is equal

to the percentage increase in the dwelling space and such other

increases authorized by this act including any applicable guideline

increase and individual apartment improvement increase that could be

authorized for the unit prior to the alteration of the outer dimensions.

(iii) notwithstanding subparagraphs (i) and (ii) of this paragraph,

such increases may be denied based on the occurrence of such vacancy due

to harassment, fraud, or other acts of evasion which may require that

such rent be set in accordance with section twelve of this act.

(iv) where the vacant housing accommodations are combined, modified,

divided or the dimension of such housing accommodation otherwise altered

and these changes are being made pursuant to a preservation regulatory

agreement with a federal, state or local governmental agency or

instrumentality, the rent stabilized rents charged thereafter shall be

based on an initial rent set by such agency or instrumentality.

(v) where an owner substantially decreases the outer dimensions of a

vacant housing accommodation, such initial rent shall be the prior rent

of such housing accommodation, decreased by the same percentage the

square footage of the original apartment was decreased by and such other

increases authorized by this act including any applicable guideline

increase and individual apartment improvement increase that could be

authorized for the apartment prior to the alteration of the outer

dimensions.

(vi)(1) when an owner combines two or more rent regulated apartments,

the owner may use each of the previous apartments' remaining individual

apartment improvement allowances for the purposes of a temporary

individual apartment improvement rent increase. The owner shall

subsequently designate a surviving apartment for the purposes of

registration that has the same apartment number as one of the prior

apartments. If that prior apartment has any reimbursable individual

apartment improvement money remaining after the combination, that money

may be reimbursed for future individual apartment improvements

undertaken within the subsequent fifteen years following the

combination.

(2) in order for an owner to qualify for a temporary individual

apartment improvement rent increase when apartments are combined, the

requirements for an individual apartment improvement, including all

notification requirements under this act shall be met.

(vii) owners shall maintain the records and rent histories of all

combined apartments, both prior to and post combination, for the

purposes of rent setting, overcharge and all other proceedings to which

the records are applicable.

(b) The division shall establish an annual inspection and audit

process which shall review twenty-five percent of applications for a

temporary major capital improvement increase that have been submitted

and approved. Such process shall include individual inspections and

document review to ensure that owners complied with all obligations and

responsibilities under the law for temporary major capital improvement

increases. Inspections shall include in-person confirmation that such

improvements have been completed in such way as described in the

application.

(c) The division shall issue a notice to the landlord and all the

tenants sixty days prior to the end of the temporary major capital

improvement increase and shall include the initial approved increase and

the total amount to be removed from the legal regulated rent inclusive

of any increases granted by the applicable rent guidelines board.

§ 11 — Non-waiver of rights

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.

§ 12 — Enforcement and procedures

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. 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. After a complaint of rent overcharge has been

filed and served on an owner, the voluntary adjustment of the rent

and/or the voluntary tender of a refund of rent overcharges shall not be

considered by the division of housing and community renewal or a court

of competent jurisdiction as evidence that the overcharge was not

willful. (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 most recent

reliable annual registration statement for a rent stabilized tenant

filed and served upon the tenant six or more 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. The division of housing and community renewal

or a court of competent jurisdiction, in investigating complaints of

overcharge and in determining legal regulated rent, shall consider all

available rent history which is reasonably necessary to make such

determinations. (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 six 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 six years, the

initial legal regulated rent) plus in each case, any lawful increases

and adjustments. Where the rent charged on the date six years prior to

the date of the initial registration of the accommodation cannot be

established, such rent shall be established by the division.

(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 may be filed with the

state division of housing and community renewal or in a court of

competent jurisdiction at any time, however any recovery of overcharge

penalties shall be limited to the six years preceding the complaint.

(ii) A penalty of three times the overcharge shall be assessed upon

all overcharges willfully collected by the owner starting six years

before the complaint is filed.

(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. The courts and the

division shall have concurrent jurisdiction, subject to the tenant's

choice of forum.

(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.

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) Except where a specific provision of this law requires the

maintenance of rent records for a longer period, including records of

the useful life of improvements made to any housing accommodation or any

building, 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 six years prior to the most recent registration

or annual statement for such accommodation. However, an owner's election

not to maintain records shall not limit the authority of the division of

housing and community renewal and the courts to examine the rental

history and determine legal regulated rents pursuant to this

subdivision.

(9) The division of housing and community renewal and the courts, in

investigating complaints of overcharge and in determining legal

regulated rents, shall consider all available rent history which is

reasonably necessary to make such determinations, including but not

limited to (a) any rent registration or other records filed with the

state division of housing and community renewal, or any other state,

municipal or federal agency, regardless of the date to which the

information on such registration refers; (b) any order issued by any

state, municipal or federal agency; (c) any records maintained by the

owner or tenants; and (d) any public record kept in the regular course

of business by any state, municipal or federal agency. Nothing contained

in this paragraph shall limit the examination of rent history relevant

to a determination as to:

(i) whether the legality of a rental amount charged or registered is

reliable in light of all available evidence including, but not limited

to, whether an unexplained increase in the registered or lease rents, or

a fraudulent scheme to destabilize the housing accommodation, rendered

such rent or registration unreliable;

(ii) whether an accommodation is subject to the emergency tenant

protection act;

(iii) whether an order issued by the division of housing and community

renewal or a court of competent jurisdiction, including, but not limited

to an order issued pursuant to section seven of this act, or any

regulatory agreement or other contract with any governmental agency, and

remaining in effect within six years of the filing of a complaint

pursuant to this section, affects or limits the amount of rent that may

be charged or collected;

(iv) whether an overcharge was or was not willful;

(v) whether a rent adjustment that requires information regarding the

length of occupancy by a present or prior tenant was lawful;

(vi) the existence or terms and conditions of a preferential rent, or

the propriety of a legal registered rent during a period when the

tenants were charged a preferential rent;

(vii) the legality of a rent charged or registered immediately prior

to the registration of a preferential rent; or

(viii) the amount of the legal regulated rent where the apartment was

vacant or temporarily exempt on the date six years prior to a tenant's

complaint.

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. 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. The courts and the division shall have concurrent

jurisdiction, subject to the tenant's choice of forum.

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.

§ 12-a — Rent registration

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. In addition to all

other requirements set forth in this subdivision, in the event a timely

rent registration is not filed and after notice of such delinquency is

provided by the division of housing and community renewal to the owner

in the form of electronic mail and mail to the address listed in the

owner's most recent registration statement, the owner shall be subject

to a fine of five hundred dollars per unregistered unit for each month

the registration is delinquent. Such a fine shall be imposed by order,

and such order imposing a fine shall be deemed a final determination for

the purposes of judicial review. Such fine 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 by the division of housing and community

renewal.

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.

§ 13 — Cooperation with other governmental agencies

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.

§ 14 — Application of act

Application of act. The provisions of this act shall be

applicable:

a. in the city of New York; and

b. in all counties within the state of New York outside the city of

New York and shall become and remain effective only in a city, town or

village located therein as provided in section three of this act.