Legislation
SECTION 10
Regulations
Emergency Tenant Protection Act 576/74 (ETP) CHAPTER 1974
§ 10. Regulations. a. For cities having a population of less than one
million and towns and villages, the state division of housing and
community renewal shall be empowered to implement this act by
appropriate regulations. Such regulations may encompass such speculative
or manipulative practices or renting or leasing practices as the state
division of housing and community renewal determines constitute or are
likely to cause circumvention of this act. Such regulations shall
prohibit practices which are likely to prevent any person from asserting
any right or remedy granted by this act, including but not limited to
retaliatory termination of periodic tenancies and shall require owners
to grant a new one or two year vacancy or renewal lease at the option of
the tenant, except where a mortgage or mortgage commitment existing as
of the local effective date of this act provides that the owner shall
not grant a one-year lease; and shall prescribe standards with respect
to the terms and conditions of new and renewal leases, additional rent
and such related matters as security deposits, advance rental payments,
the use of escalator clauses in leases and provision for increase in
rentals for garages and other ancillary facilities, so as to 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.
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.