* § 213. Voluntary participation by local governments outside the city
of New York. 1. Applicability. This article shall apply in any village,
town, or a city, other than the city of New York, that, acting through
its local legislative body, adopts the provisions of this article by
local law.

2. Opt-in by a village, town, or city, other than the city of New
York. A village, town, or city that adopts the provisions of this
article by local law pursuant to subdivision one of this section may:

(a) provide that any unit on or within a housing accommodation shall
be exempt from the provisions of this article if such unit has a monthly
rent above a percent of fair market rent, as published by the United
States department of housing and urban development and as shall be
published for each county in the state by the division of housing and
community renewal pursuant to subdivision fifteen of section two hundred
fourteen of this article, that shall be established in the local law
adopted pursuant to subdivision one of this section, provided that if
such local law does not establish such percent of fair market rent, any
unit on or within a housing accommodation with a monthly rent greater
than two hundred forty-five percent of such fair market rent shall be
exempt from the provisions of this article; and/or

(b) define "small landlord" as a landlord of no more than any number
of units in the state that the village, town, or city enacts by local
law, provided that if such local law does not define "small landlord," a
"small landlord" shall mean a landlord of no more than ten units in the
state.

3. Notwithstanding the foregoing provisions of this section, if a town
and a village within such town both adopt the provisions of this article
by local law pursuant to subdivision one of this section, the local law
adopted by such town shall not apply within the territorial limits of a
village within such town.

4. Nothing in this section shall permit a village, town, or city to
which this article applies to preempt or alter the terms and provisions
of this article within such village, town or city.

5. Within thirty days of receipt of a local law adopted pursuant to
subdivision one of this section, and filed with the department of state
pursuant to section twenty-seven of the municipal home rule law, the
department of state shall notify the division of housing and community
renewal of such adoption.

6. The division of housing and community renewal shall include in the
annual publication required pursuant to subdivision seven of section two
hundred eleven of this article a list including any village, town, or
city, other than the city of New York, as to which the division of
housing and community renewal has received the notice from the
department of state required pursuant to subdivision five of this
section indicating that such village, town, or city has adopted a local
law pursuant to subdivision one of this section to apply the provisions
of this article within such village, town, or city. Such list shall
include the name of each village, town, or city that has adopted such a
local law, the applicable fair market rent threshold within such
village, town, or city for exemption from the provisions of this article
established pursuant to paragraph (a) of subdivision two of this
section, and the applicable definition of small landlord within such
village, town, or city established pursuant to paragraph (b) of
subdivision two of this section.

* NB Repealed June 15, 2034