Legislation
SECTION 211
Definitions
Real Property (RPP) CHAPTER 50, ARTICLE 6-A
* § 211. Definitions. 1. The term "housing accommodation", as used in
this article shall mean any residential premises, including any
residential premises located within a mixed-use residential premises.
2. The term "landlord" as used in this article shall mean any fee
owner, lessor, sublessor, assignor, court appointed receiver, or any
other person or entity receiving or entitled to receive rent for the
occupancy of any housing accommodation or an agent of any of the
foregoing.
3. (a) The term "small landlord" as used in this article shall mean a
landlord of no more than (i) ten units in the state, or (ii) such other
number of units in the state designated by local law pursuant to
paragraph (b) of subdivision two of section two hundred thirteen of this
article.
(b) If a landlord is a single natural person, then that landlord is a
small landlord if they own or are a beneficial owner of, directly or
indirectly, in whole or in part, no more than the number of units
established pursuant to paragraph (a) of this subdivision; if there is
more than one natural person owner, then no one person may own or be a
beneficial owner of, directly or indirectly, in whole or in part, more
than the number of units established pursuant to paragraph (a) of this
subdivision.
(c) If a landlord is an entity, organized under the laws of this state
or of any other jurisdiction, then that landlord is a small landlord if
each natural person with a direct or indirect ownership interest in the
entity or any affiliated entity owns no more than the number of units
established pursuant to paragraph (a) of this subdivision. If an entity
cannot provide the names of all natural persons with a direct or
indirect ownership interest in the entity, such entity shall not qualify
as a small landlord.
4. The term "tenant" as used in this article shall mean a tenant,
sub-tenant, lessee, sublessee, or any other person entitled to the
lawful possession, use or occupancy of any housing accommodation. An
individual shall not be considered a tenant for the purposes of this
article if:
(a) no landlord-tenant relationship exists, as established pursuant to
any of the grounds set forth in section seven hundred thirteen of the
real property actions and proceedings law; or
(b) the individual is an occupant, as defined in paragraph (b) of
subdivision one of section two hundred thirty-five-f of this chapter,
who has not received the landlord's express or implied consent to use
the housing accommodation as their primary residence in exchange for
payment of rent.
5. The term "rent" as used in this article shall mean any
consideration, including any bonus, benefit or gratuity demanded or
received for or in connection with the possession, use or occupancy of
housing accommodations or the execution or transfer of a lease for such
housing accommodations. The term "rent" shall not include any separate
charges for services, amenities or facilities which the tenant pays in
addition to rent, including but not limited to charges for fitness
centers, parking, storage, or facility rentals, provided that such
charges are not imposed or increased for the purposes of circumventing
this article.
6. The term "disabled person" as used in this article shall mean a
person who 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 substantially limit one
or more of such person's major life activities.
7. The term "inflation index" shall mean five percent plus the annual
percentage change in the consumer price index for all urban consumers
for all items as published by the United States bureau of labor
statistics for the region in which the housing accommodation is located,
as established for the most recent preceding calendar year as shall be
published by the division of housing and community renewal no later than
the first of August in any given year, provided further that for New
York city and any village, town, or city that adopts the provisions of
this article by local law pursuant to subdivision one of section two
hundred thirteen of this article in the counties of Dutchess, Nassau,
Orange, Putnam, Rockland, Suffolk, and Westchester, such consumer price
index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price
index, and provided further that for any other village, town, or city
that adopts the provisions of this article by local law pursuant to
subdivision one of section two hundred thirteen of this article, such
consumer price index shall be the Northeast Region consumer price index.
8. The term "local rent standard" shall mean a rent increase equal to
the inflation index or ten percent, whichever is lower.
* NB Repealed June 15, 2034
this article shall mean any residential premises, including any
residential premises located within a mixed-use residential premises.
2. The term "landlord" as used in this article shall mean any fee
owner, lessor, sublessor, assignor, court appointed receiver, or any
other person or entity receiving or entitled to receive rent for the
occupancy of any housing accommodation or an agent of any of the
foregoing.
3. (a) The term "small landlord" as used in this article shall mean a
landlord of no more than (i) ten units in the state, or (ii) such other
number of units in the state designated by local law pursuant to
paragraph (b) of subdivision two of section two hundred thirteen of this
article.
(b) If a landlord is a single natural person, then that landlord is a
small landlord if they own or are a beneficial owner of, directly or
indirectly, in whole or in part, no more than the number of units
established pursuant to paragraph (a) of this subdivision; if there is
more than one natural person owner, then no one person may own or be a
beneficial owner of, directly or indirectly, in whole or in part, more
than the number of units established pursuant to paragraph (a) of this
subdivision.
(c) If a landlord is an entity, organized under the laws of this state
or of any other jurisdiction, then that landlord is a small landlord if
each natural person with a direct or indirect ownership interest in the
entity or any affiliated entity owns no more than the number of units
established pursuant to paragraph (a) of this subdivision. If an entity
cannot provide the names of all natural persons with a direct or
indirect ownership interest in the entity, such entity shall not qualify
as a small landlord.
4. The term "tenant" as used in this article shall mean a tenant,
sub-tenant, lessee, sublessee, or any other person entitled to the
lawful possession, use or occupancy of any housing accommodation. An
individual shall not be considered a tenant for the purposes of this
article if:
(a) no landlord-tenant relationship exists, as established pursuant to
any of the grounds set forth in section seven hundred thirteen of the
real property actions and proceedings law; or
(b) the individual is an occupant, as defined in paragraph (b) of
subdivision one of section two hundred thirty-five-f of this chapter,
who has not received the landlord's express or implied consent to use
the housing accommodation as their primary residence in exchange for
payment of rent.
5. The term "rent" as used in this article shall mean any
consideration, including any bonus, benefit or gratuity demanded or
received for or in connection with the possession, use or occupancy of
housing accommodations or the execution or transfer of a lease for such
housing accommodations. The term "rent" shall not include any separate
charges for services, amenities or facilities which the tenant pays in
addition to rent, including but not limited to charges for fitness
centers, parking, storage, or facility rentals, provided that such
charges are not imposed or increased for the purposes of circumventing
this article.
6. The term "disabled person" as used in this article shall mean a
person who 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 substantially limit one
or more of such person's major life activities.
7. The term "inflation index" shall mean five percent plus the annual
percentage change in the consumer price index for all urban consumers
for all items as published by the United States bureau of labor
statistics for the region in which the housing accommodation is located,
as established for the most recent preceding calendar year as shall be
published by the division of housing and community renewal no later than
the first of August in any given year, provided further that for New
York city and any village, town, or city that adopts the provisions of
this article by local law pursuant to subdivision one of section two
hundred thirteen of this article in the counties of Dutchess, Nassau,
Orange, Putnam, Rockland, Suffolk, and Westchester, such consumer price
index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price
index, and provided further that for any other village, town, or city
that adopts the provisions of this article by local law pursuant to
subdivision one of section two hundred thirteen of this article, such
consumer price index shall be the Northeast Region consumer price index.
8. The term "local rent standard" shall mean a rent increase equal to
the inflation index or ten percent, whichever is lower.
* NB Repealed June 15, 2034