S 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws of 1946 constituting the emergency housing rent control law is
REPEALED.
S 3. Section 2-a of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, as added by chapter 253 of the laws
of 1993, subdivision (b), paragraphs 1 and 2 of subdivision (c) as
amended and subdivision (e) as added by chapter 116 of the laws of 1997,
is amended to read as follows:
S 2-a. (a) For purposes of this section, annual income shall mean the
federal [adjusted] gross income as reported on the New York state income
tax return. Total annual income means the sum of the annual incomes of
all persons who occupy the housing accommodation as their primary resi-
dence on other than a temporary basis, excluding bona fide employees of
such occupants residing therein in connection with such employment and
excluding bona fide subtenants in occupancy pursuant to the provisions
of section two hundred twenty-six-b of the real property law. In the
case where a housing accommodation is sublet, the annual income of the
sublessor shall be considered.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the maximum rent is two thou-
sand dollars or more per month] WHICH IS OCCUPIED BY A TENANT OR TENANTS
WHOM THE OWNER IN GOOD FAITH BELIEVES HAS A TOTAL ANNUAL INCOME IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF THE TWO
PRECEDING CALENDAR YEARS 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of the two
preceding calendar years. Such income certification form shall state
that the income level certified to by the tenant may be subject to
verification by the department of taxation and finance pursuant to
section one hundred seventy-one-b of the tax law and shall not require
disclosure of any income information other than whether the aforemen-
tioned threshold has been exceeded. Such income certification form shall
clearly state that: (i) [only tenants residing in housing accommodations
which had a maximum rent of two thousand dollars or more per month are
required to complete the certification form; (ii) that] tenants have
protections available to them which are designed to prevent harassment;
[(iii) that] (II) 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each such year,
the owner may file the certification with the state division of housing
and community renewal on or before June thirtieth of such year. Upon
filing such certification with the division, the division shall, within
thirty days after the filing, issue an order of decontrol providing that
such housing accommodations shall not be subject to the provisions of
this law as of the first day of June in the year next succeeding the
filing of the certification by the owner. A copy of such order shall be
mailed by regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be mailed to the owner.
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(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 certif-
ication 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of the two
preceding calendar years. Within twenty days after the filing of such
request with the division, the division shall notify the tenant or
tenants that such tenant or tenants must provide the division with such
information as the division and the department of taxation and finance
shall require to verify whether the total annual income exceeds one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each such year.
The division's notification shall require the tenant or tenants to
provide the information to the division within sixty days of service
upon such tenant or tenants and shall include a warning in bold faced
type that failure to respond will result in an order of decontrol being
issued by the division for such housing accommodation.
2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred [seventy-five] TWENTY-FIVE
thousand dollars in each of the two preceding calendar years, the divi-
sion shall, on or before November fifteenth of such year, notify the
owner and tenants of the results of such verification. Both the owner
and the tenants shall have thirty days within which to comment on such
verification results. Within forty-five days after the expiration of
the comment period, the division shall, where appropriate, issue an
order of decontrol providing that such housing accommodation shall not
be subject to the provisions of this law as of the first day of March in
the year next succeeding the filing of the owner's petition with the
division. A copy of such order shall be mailed by regular and certified
mail, return receipt requested, to the tenant or tenants and a copy
thereof shall be sent to the owner. WHERE THE DEPARTMENT OF TAXATION
AND FINANCE IS UNABLE TO DETERMINE, BASED UPON THE INFORMATION CONTAINED
IN THE INFORMATION PROVIDED BY THE TENANT, WHETHER THE TOTAL ANNUAL
INCOME IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH
OF THE TWO PRECEDING CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL
ANNUAL INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS IN EACH OF THE TWO PRECEDING CALENDAR YEARS AND THE
PROCEDURES OF THIS PARAGRAPH SHALL APPLY TO SUCH TENANT. THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET
FORTH THE MANNER IN WHICH SUCH TENANT MAY REBUT SUCH PRESUMPTION.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order of
decontrol providing that such housing accommodation shall not be subject
to the provisions of this law as of the first day of March in the year
next succeeding the last day on which the tenant or tenants were
required to provide the information required by such paragraph. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
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(d) This section shall apply only to paragraph (m) of subdivision two
of section two of this law.
(e) Upon receipt of such order of decontrol 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.
S 4. Subparagraph (j) of paragraph 2 of subdivision e of section
26-403 of the administrative code of the city of New York, as amended by
chapter 116 of the laws of 1997, is amended to read as follows:
(j) Upon the issuance of an order of decontrol by the division, hous-
ing accommodations which[: (1)] are occupied by persons who have a total
annual income in excess of one hundred [seventy-five] TWENTY-FIVE thou-
sand dollars per annum in each of the two preceding calendar years, as
defined in and subject to the limitations and process set forth in
section 26-403.1 of this chapter[; and (2) have a maximum rent of two
thousand dollars or more per month]. Provided however, that this exclu-
sion shall not apply to housing accommodations which became or become
subject to this law by virtue of receiving tax benefits pursuant to
section four hundred eighty-nine of the real property tax law.
S 5. Subparagraph (k) of paragraph 2 of subdivision e of section
26-403 of the administrative code of the city of New York is REPEALED.
S 6. Section 26-403.1 of the administrative code of the city of New
York, as added by chapter 253 of the laws of 1993, subdivision (b) and
paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
S 26-403.1 High income rent decontrol. (a) For purposes of this
section, annual income shall mean the federal [adjusted] gross income as
reported on the New York state income tax return. Total annual income
means the sum of the annual incomes of all persons who occupy the hous-
ing accommodation as their primary residence other than on a temporary
basis, excluding bona fide employees of such occupants residing therein
in connection with such employment and excluding bona fide subtenants in
occupancy pursuant to the provisions of section two hundred
twenty-six-b of the real property law. In the case where a housing
accommodation is sublet, the annual income of the sublessor shall be
considered.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the maximum rent is two thou-
sand dollars or more per month] WHICH IS OCCUPIED BY A TENANT OR TENANTS
WHOM THE OWNER IN GOOD FAITH BELIEVES HAS A TOTAL ANNUAL INCOME IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF THE TWO
PRECEDING CALENDAR YEARS 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars 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
A. 8212 5
verification by the department of taxation and finance pursuant to
section one hundred seventy-one-b of the tax law and shall not require
disclosure of any income information other than whether the aforemen-
tioned threshold has been exceeded. Such income certification form
shall clearly state that: (i) [only tenants residing in housing accommo-
dations which have a maximum rent of two thousand dollars or more per
month are required to complete the certification form; (ii) that]
tenants have protections available to them which are designed to prevent
harassment; [(iii) that] (II) 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 appropri-
ate. 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
one hundred [seventy-five] TWENTY-FIVE thousand dollars in each such
year, the owner may file the certification with the state division of
housing and community renewal on or before June thirtieth of such year.
Upon filing such certification with the division, the division shall,
within thirty days after the filing, issue an order of decontrol provid-
ing that such housing accommodations shall not be subject to the
provisions of this law as of the first day of June in the year next
succeeding the filing of the certification by the owner. A copy of such
order shall be mailed by regular and certified mail, return receipt
requested, to the tenant or tenants and a copy thereof shall be mailed
to the owner.
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of the two
preceding calendar years. Within twenty days after the filing of such
request with the division, the division shall notify the tenant or
tenants that such tenant or tenants must provide the division with such
information as the division and the department of taxation and finance
shall require to verify whether the total annual income exceeds one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each such year.
The division's notification shall require the tenant or tenants to
provide the information to the division within sixty days of service
upon such tenant or tenants and shall include a warning in bold faced
type that failure to respond will result in an order of decontrol being
issued by the division for such housing accommodation.
2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred [seventy-five] TWENTY-FIVE
thousand dollars in each of the two preceding calendar years, the divi-
sion shall, on or before November fifteenth of such year, notify the
owner and tenants of the results of such verification. Both the owner
and the tenants shall have thirty days within which to comment on such
verification results. Within forty-five days after the expiration of the
comment period, the division shall, where appropriate, issue an order of
decontrol providing that such housing accommodation shall not be subject
to the provisions of this law as of the first day of March in the year
next succeeding the filing of the owner's petition with the division. A
copy of such order shall be mailed by regular and certified mail, return
A. 8212 6
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS
UNABLE TO DETERMINE, BASED UPON THE INFORMATION CONTAINED IN THE INFOR-
MATION PROVIDED BY THE TENANT, WHETHER THE TOTAL ANNUAL INCOME IS IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF THE TWO
PRECEDING CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL ANNUAL
INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS IN EACH OF THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES
OF THIS PARAGRAPH SHALL APPLY TO SUCH TENANT. THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE
MANNER IN WHICH SUCH TENANT MAY REBUT SUCH PRESUMPTION.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order of
decontrol providing that such housing accommodation shall not be subject
to the provisions of this law as of the first day of March in the year
next succeeding the last day on which the tenant or tenants were
required to provide the information required by such paragraph. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
(d) This section shall apply only to subparagraph (j) of paragraph two
of subdivision e of section 26-403 of this code.
(e) Upon receipt of such order of decontrol 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.
S 7. Paragraph 12 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four, as amended by chapter 116 of the laws of
1997, is amended to read as follows:
(12) upon issuance of an order by the division, housing accommodations
which are[: (1)] occupied by persons who have a total annual income in
excess of one hundred [seventy-five] TWENTY-FIVE thousand dollars per
annum in each of the two preceding calendar years, as defined in and
subject to the limitations and process set forth in section five-a of
this act[; and (2) have a legal regulated rent of two thousand dollars
or more per month]. Provided however, that this exclusion shall not
apply to housing accommodations which became or become subject to this
act (a) by virtue of receiving tax benefits pursuant to section four
hundred twenty-one-a or four hundred eighty-nine of the real property
tax law, except as otherwise provided in subparagraph (i) of paragraph
(f) of subdivision two of section four hundred twenty-one-a of the real
property tax law, or (b) by virtue of article seven-C of the multiple
dwelling law.
A. 8212 7
S 8. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four is REPEALED.
S 9. Section 5-a of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, as added by chapter 253 of the laws of 1993, subdivision (b) and
paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
S 5-a. High income rent decontrol. (a) 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.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the legal regulated rent is two
thousand dollars or more per month] WHICH IS OCCUPIED BY A TENANT OR
TENANTS WHOM THE OWNER IN GOOD FAITH BELIEVES HAS A TOTAL ANNUAL INCOME
IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF THE TWO
PRECEDING CALENDAR YEARS 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars 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 rent of two thousand dollars or more per
month are required to complete the certification form; (ii) that]
tenants have protections available to them which are designed to prevent
harassment; [(iii) that] (II) 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 appropri-
ate. 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
one hundred [seventy-five] TWENTY-FIVE thousand dollars in each such
year, 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
A. 8212 8
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 certif-
ication 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 one
hundred [seventy-five] TWENTY-FIVE thousand dollars 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 one hundred [seventy-five] TWENTY-FIVE thousand dollars
in each such year. 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 one hundred [seventy-five] TWENTY-FIVE
thousand dollars in each of the two preceding calendar years, the divi-
sion 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. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS UNABLE TO
DETERMINE, BASED UPON THE INFORMATION CONTAINED IN THE INFORMATION
PROVIDED BY THE TENANT, WHETHER THE TOTAL ANNUAL INCOME IS IN EXCESS OF
ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF THE TWO PRECEDING
CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL ANNUAL INCOME OF
SUCH TENANT IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN
EACH OF THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES OF THIS
PARAGRAPH SHALL APPLY TO SUCH TENANT. THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE MANNER IN
WHICH SUCH TENANT MAY REBUT SUCH PRESUMPTION.
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 provid-
ing that such housing accommodation shall not be subject to the
provisions of this act upon the expiration [or] 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.
A. 8212 9
(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 decontrol 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.
S 10. Paragraph (b) of subdivision 3 of section 171-b of the tax law,
as amended by chapter 116 of the laws of 1997, is amended to read as
follows:
(b) The department, when requested by the division of housing and
community renewal, shall verify the total annual income of all persons
residing in housing accommodations as their primary residence subject to
rent regulation and shall notify the commissioner of the division of
housing and community renewal as may be appropriate whether the total
annual income exceeds one hundred [seventy-five] TWENTY-FIVE thousand
dollars per annum in each of the two preceding calendar years. No other
information regarding the annual income of such persons shall be
provided.
S 11. Paragraph (i) of subdivision 2 of section 2 of chapter 274 of
the laws of 1946, constituting the emergency housing rent control law,
as amended by chapter 576 of the laws of 1974, is amended to read as
follows:
(i) housing accommodations which become vacant ON AND AFTER JUNE
SIXTEENTH, TWO THOUSAND TEN, provided, however, that this exemption
shall not apply or become effective where the commission determines or
finds that the housing accommodations became vacant because the landlord
or any person acting on his behalf, with intent to cause the tenant to
vacate, engaged in any course of conduct (including, but not limited to,
interruption or discontinuance of essential services) which interfered
with or disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his use or occupancy of
the housing accommodations; [and further provided that housing accommo-
dations as to which a housing emergency has been declared pursuant to
the emergency tenant protection act of nineteen seventy-four shall be
subject to the provisions of such act for the duration of such emergen-
cy;] or
S 12. The second undesignated paragraph of subdivision 5 of section 1
of chapter 21 of the laws of 1962, constituting the local emergency
housing rent control act, as amended by chapter 82 of the laws of 2003,
is amended to read as follows:
Notwithstanding any local law or ordinance, housing accommodations
which [became] BECOME vacant on or after [July first, nineteen hundred
seventy-one or which hereafter become vacant] JUNE SIXTEENTH, TWO THOU-
SAND TEN shall be [subject to the provisions of the emergency tenant
protection act of nineteen seventy-four] EXEMPT FROM REGULATION AND
CONTROL, provided, however, that this [provision] EXEMPTION shall not
apply or become effective with respect to housing accommodations which,
by local law or ordinance, are made directly subject to regulation and
control by a city housing rent agency and such agency determines or
A. 8212 10
finds that the housing accommodations became vacant because the landlord
or any person acting on his behalf, with intent to cause the tenant to
vacate, engaged in any course of conduct (including but not limited to,
interruption or discontinuance of essential services) which interfered
with or disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his use or occupancy of
the housing accommodations. The removal of any housing accommodation
from regulation and control of rents pursuant to the vacancy exemption
provided for in this paragraph shall not constitute or operate as a
ground for the subjection to more stringent regulation and control of
any housing accommodation in such property or in any other property
owned by the same landlord, notwithstanding any prior agreement to the
contrary by the landlord. The vacancy exemption provided for in this
paragraph shall not arise with respect to any rented plot or parcel of
land otherwise subject to the provisions of this act, by reason of a
transfer of title and possession occurring on or after July first, nine-
teen hundred seventy-one of a dwelling located on such plot or parcel
and owned by the tenant where such transfer of title and possession is
made to a member of the tenant's immediate family provided that the
member of the tenant's immediate family occupies the dwelling with the
tenant prior to the transfer of title and possession for a continuous
period of two years.
S 13. Paragraph (h) of subdivision 10 of section 1 of chapter 21 of
the laws of 1962, constituting the local emergency housing rent control
act, as amended by chapter 576 of the laws of 1974, is amended to read
as follows:
(h) Any tenant who has vacated his housing accommodations because the
landlord or any person acting on his behalf, with intent to cause the
tenant to vacate, engaged in any course of conduct (including but not
limited to, interruption or discontinuance of essential services) which
interfered with or disturbed or was intended to interfere with or
disturb the comfort, repose, peace or quiet of the tenant in his use or
occupancy of the housing accommodations may, within ninety days after
vacating, apply for a determination that the housing accommodations were
vacated as a result of such conduct, and may, within one year after such
determination, institute a civil action against the landlord by reason
of such conduct. Application for such determination may be made to the
[city housing rent agency with respect to housing accommodations which,
by local law or ordinance, are made directly subject to regulation and
control by such agency. For all other housing accommodations subject to
regulation and control pursuant to the New York city rent stabilization
law of nineteen hundred sixty-nine, application for such determination
may be made to the New York city conciliation and appeals board. For the
purpose of making and enforcing any determination of the New York city
conciliation and appeals board as herein provided, the provisions of
sections seven, eight and ten, whenever they refer to the city housing
rent agency, shall be deemed to refer to such board] STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL. In such action the landlord shall be
liable to the tenant for three times the damages sustained on account of
such conduct plus reasonable attorney's fees and costs as determined by
the court. In addition to any other damages the cost of removal of prop-
erty shall be a lawful measure of damages.
S 14. Subdivision a of section 5 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph 3-a to read as
follows:
A. 8212 11
(3-A) HOUSING ACCOMMODATIONS WHICH BECOME VACANT ON OR AFTER JUNE
SIXTEENTH, TWO THOUSAND TEN, PROVIDED, HOWEVER, THAT THIS EXCEPTION
SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMO-
DATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE
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 IN HIS
OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS.
S 15. Section 26-504 of the administrative code of the city of New
York is amended by adding a new subdivision d to read as follows:
D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR TITLE OR
ANY OTHER PROVISIONS OF LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
SAND TEN PROVIDED, HOWEVER, THAT THIS EXCEPTION SHALL NOT APPLY TO OR
BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS WHICH THE
COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE 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 INTERFER-
ED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
COMFORT, REPOSE, PEACE OR QUIET OF TENANT IN HIS OR HER USE OR OCCUPANCY
OF THE HOUSING ACCOMMODATIONS.
S 19. This act shall take effect immediately; provided, however, that
the income certification forms provided for by this act shall not be
transmitted until on or after January 1, 2011; provided that the amend-
ments to the city rent and rehabilitation law made by sections four and
six of this act shall remain in full force and effect only so long as
the public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 2 of section 1
of the local emergency housing rent control act; and provided that the
amendments to the rent stabilization law of nineteen hundred sixty-nine
made by section fifteen of this act shall expire on the same date as
such law expires and shall not affect the expiration of such law as
provided under section 26-520 of such law; and provided that the amend-
ments to the emergency tenant protection act of nineteen seventy-four
made by sections seven, nine and fourteen of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974;
and provided that the amendments to the emergency housing rent control
law made by sections one, three and eleven of this act shall expire on
the same date as such law expires and shall not affect the expiration of
such law as provided in subdivision 2 of section 1 of chapter 274 of the
laws of 1946; and provided that the amendment to the local emergency
housing rent control act made by section twelve of this act shall remain
in full force and effect only so long as the public emergency requiring
the regulation and control of residential rents and evictions continues,
as provided in subdivision 2 of section 1 of the local emergency housing
rent control act; and provided further that the amendment to paragraph
(h) of subdivision 10 of section 1 of the local emergency housing rent
control act made by section thirteen of this act shall not affect the
expiration of certain provisions of such paragraph (h) made by section 3
of chapter 576 of the laws of 1974 and shall expire when such chapter
576 of the laws of 1974 expires.