§ 12 — Application

New York § 12

• Jurisdiction: New York
• Law ERL: Emergency Housing Rent Control Law 274/46 337/61

Text

§ 12. Application. 1. Whenever the commission shall find that, in any\nmunicipality specified by the commission, (a) the percentage of\nvacancies in all or any particular class of housing accommodations is\nfive per centum or more, or, (b) the availability of adequate rental\nhousing accommodations and other relevant factors are such as to make\nrent control unnecessary for the purpose of eliminating speculative,\nunwarranted, and abnormal increases in rents and of preventing\nprofiteering and speculative and other disruptive practices resulting\nfrom abnormal market conditions caused by congestion, the controls\nimposed upon rents by authority of this act in such municipality or with\nrespect to any particular class of housing accommodations therein shall\nbe abolished in the manner hereinafter provided; provided however that,\nexcept as otherwise provided in this section, no controls shall be\nabolished by the commission unless the commission shall hold a public\nhearing or hearings on such proposal at which interested persons are\ngiven a reasonable opportunity to be heard. Notice of such hearing shall\nbe provided by publication in a daily newspaper published or having\ngeneral circulation in the municipality affected not less than fifteen\ndays prior to the date of the hearing.\n 2. Notwithstanding the provisions of this section or any other\nprovision of this act, the local governing body of a city, town or\nvillage upon a finding that decontrol in such city, town or village is\nwarranted after a public hearing upon notice by publication in a daily\nor weekly newspaper published or having general circulation in the city\nor town not less than twenty days prior to the date of hearing, and\nafter notice to the commission, may adopt a resolution to decontrol all\nor any specified class of housing accommodation in such city, town or\nvillage. Such resolution shall thereafter be filed with the division.\nUpon receipt of any such resolution the controls imposed by authority of\nthis act shall be abolished in the city, town or village affected with\nrespect to housing accommodations specified in such resolution in the\nmanner hereinafter specified. Notwithstanding the foregoing provisions\nof this paragraph, a city, town or village any portion of which is\nwithin the limits of an area designated as a critical defense housing\narea by the federal government at the time of adoption of the decontrol\nresolution, shall not become decontrolled without the approval of the\ncommission.\n 2-a. Upon the issuance of an order of decontrol or upon the filing of\na resolution resulting in decontrol of a housing accommodation pursuant\nto subdivision two, such decontrol shall take place:\n (a) if the landlord and tenant execute a written lease for a term of\nnot less than two years wherein the landlord agrees to maintain the same\nservices and equipment required by this act and which provides for an\nincrease in the maximum rent not in excess of fifteen percent for the\nfirst year and not more than a second five percent increase for the\nsecond year and otherwise continues the terms and conditions of the\nexisting tenancy; upon the execution of such lease;\n (b) if the landlord offers the tenant a lease in accordance with the\nterms provided in paragraph (a) and the tenant fails to execute such\nlease, six months from the date that the commission issued the order or\nthe date the municipality filed the resolution, provided that the\nlandlord has notified the tenant in writing by certified mail that his\nfailure to execute the lease within thirty days of such notification\nwill result in the decontrol of the housing accommodation on the date\nset forth therein, such date to be the expiration of such thirty days or\nsuch six months, whichever is later; or\n (c) if the landlord does not offer the tenant a lease in accordance\nwith the terms provided in paragraph (a), two years from the date the\ncommission issued the order or the municipality filed the resolution.\n 3. (a) Notwithstanding the provisions of section four or of any other\ninconsistent provision of this act, housing accommodations subject to\nrent control as provided for in this act on June thirtieth, nineteen\nhundred fifty-five, in any city or town within the counties of\nCattaraugus, Chautauqua, Columbia, Dutchess, Erie, Fulton, Herkimer,\nMontgomery, Niagara, Ontario, Oswego, Saratoga, Seneca, Steuben,\nSuffolk, Ulster and Yates shall, subsequent to such date, be no longer\nsubject to such rent control, except as hereinafter in this subdivision\nprovided.\n (b) The governing body of any such city or town, as hereinafter\nspecified, may, and it is hereby authorized and empowered to, by\nresolution duly adopted for such purpose not later than June thirtieth,\nnineteen hundred fifty-five, and declaring the continuance of emergency\nconditions therein, elect to be excluded from the operation of the\nprovisions of this subdivision providing for the termination of rent\ncontrol therein, to the extent specified in such resolution.\n In the case of any such city or town elsewhere than within the\ncounties of Erie and Niagara, such resolution may provide for such\nexclusion with respect to all or any particular class of such housing\naccommodations within such city or town; and in the case of any such\ncity or town within the counties of Erie or Niagara, such resolution may\nprovide for such exclusion with respect to all or any particular class\nof such housing accommodations in such city or town, except (1) one\nfamily houses and (2) two family houses occupied in whole or in part by\nthe owner.\n In the event of the adoption of such a resolution in any such city or\ntown, the provisions of this subdivision providing for the termination\nof rent control therein shall not apply with respect to such housing\naccommodations within such city or town as specified in the resolution\nso adopted. Any such resolution, upon adoption, shall forthwith be\ntransmitted to the commission.\n (c) The governing body of any city or town elsewhere than in the\ncounties of Columbia, Dutchess and Erie, as hereinafter specified, with\nrespect to which the provisions of this subdivision providing for the\ntermination of rent control therein are applicable and in effect\nsubsequent to June thirtieth, nineteen hundred fifty-five, may, and it\nis hereby authorized and empowered to, by resolution duly adopted for\nsuch purpose at any time subsequent to such date and declaring the\nexistence of emergency conditions therein, request the commission to\nreestablish the regulation of rents on housing accommodations therein,\nto the extent specified in such resolution.\n In the case of any such city or town elsewhere than within the county\nof Niagara, such resolution may request such reestablishment with\nrespect to all or any particular class of such housing accommodations in\nsuch city or town; and in the case of any such city or town within the\ncounty of Niagara, such resolution may request such reestablishment with\nrespect to all or any particular class of such housing accommodations in\nsuch city or town, except (1) one family houses and (2) two family\nhouses occupied in whole or in part by the owner.\n Any such resolution, upon adoption, shall forthwith be transmitted to\nthe commission. Upon receipt of such resolution, the commission shall by\nregulation or order reestablish the same maximum rents for such housing\naccommodations within such city or town specified in such resolution as\nlast previously established by the commission and in force and effect\ntherein immediately prior to decontrol pursuant to this subdivision. Any\nsuch regulation or order shall take effect on the date specified in such\nresolution, and thereafter such maximum rents shall be and continue in\nforce and effect as to such housing accommodations within such city or\ntown until changed or abolished in accordance with the applicable\nprovisions of this act, and all the provisions of this act applying\ngenerally with respect to maximum rents on such housing accommodations\nshall apply with respect thereto within such city or town.\n (d) Notwithstanding the provisions of section four or of any other\ninconsistent provision of this act, housing accommodations subject to\nrent control as provided for in this act on June thirtieth, nineteen\nhundred fifty-seven, in any city or town within the counties of\nColumbia, Dutchess or Erie shall, subsequent to such date, be no longer\nsubject to such rent control, except as hereinafter in this subdivision\nprovided.\n The governing body of any such city or town, as hereinbefore or\nhereinafter specified, may, and it is hereby authorized and empowered\nto, by resolution adopted for such purpose not later than June\nthirtieth, nineteen hundred fifty-seven, and declaring the continuance\nof emergency conditions therein, elect to be excluded from the operation\nof the provisions of this paragraph (d) providing for the termination of\nrent control therein, to the extent specified in such resolution. Such\nresolution may provide for such exclusion with respect to all or any\nparticular class of housing accommodations subject to such rent control\nwithin such city or town. In the event of the adoption of such a\nresolution in any such city or town, the provisions of this paragraph\n(d) providing for the termination of rent control therein shall not\napply with respect to such housing accommodations within such city or\ntown as specified in the resolution so adopted. Any such resolution,\nupon adoption, shall forthwith be transmitted to the commission.\n 4. (a) Notwithstanding any inconsistent provision of this act, the\nlocal governing body of any city or town within the county of Monroe,\nthe county of Oneida, the county of Onondaga or the county of\nSchenectady wherein housing accommodations are or shall be subject to\nrent control as provided for in this act, by resolution duly adopted for\nsuch purpose not later than June thirtieth, nineteen hundred fifty-five,\nmay, and it is hereby authorized and empowered to, elect that the\nprovisions of paragraph (j) of subdivision two of section two hereof\nexcepting housing accommodations in one family houses, and in two family\nhouses occupied in whole or in part by the owner thereof, in such\ncounties from the classifications of housing accommodations subject to\nrent control shall not apply in such city or town; and in the event of\nthe adoption of such a resolution in any such city or town, such housing\naccommodations specified in such subdivision within such city or town\nshall continue to be subject to rent control. Any such resolution, upon\nadoption, shall forthwith be transmitted to the commission.\n (b) Notwithstanding any inconsistent provision of this act, the local\ngoverning body of any city or town within the county of Monroe, the\ncounty of Oneida or the county of Schenectady wherein housing\naccommodations are or shall be subject to rent control as provided in\nthis act, and wherein the provisions of paragraph (j) of subdivision two\nof section two hereof excepting housing accommodations in one family\nhouses, and in two family houses occupied in whole or in part by the\nowner thereof, in such city or town, from the classifications of housing\naccommodations subject to rent control are in force and effect\nsubsequent to June thirtieth, nineteen hundred fifty-five, by resolution\nduly adopted for such purpose at any time subsequent to such date, may,\nand it is hereby authorized and empowered to, request the commission to\nreestablish the regulation of rents on such housing accommodations\ntherein.\n Any such resolution, upon adoption, shall forthwith be transmitted to\nthe commission. Upon receipt of such resolution, the commission shall by\nregulation or order reestablish the same maximum rents for such housing\naccommodations within such city or town as last previously established\nby the commission and in force and effect therein immediately prior to\ndecontrol pursuant to the provisions of paragraph (j) of subdivision two\nof section two hereof. Any such regulation or order shall take effect on\nthe date specified in such resolution, and thereafter such maximum rents\nshall be and continue in force and effect as to such housing\naccommodations within such city or town until changed or abolished in\naccordance with the applicable provisions of this act, and all the\nprovisions of this act applying generally with respect to maximum rents\non such housing accommodations shall apply with respect thereto within\nsuch city or town.\n 5. Notwithstanding any inconsistent provision of this act, the local\ngoverning body of any city or town other than the city of New York,\nwherein housing accommodations are or shall be subject to rent control\nas provided for in this act, by resolution duly adopted for such purpose\nnot later than June thirtieth, nineteen hundred fifty-seven, may, and it\nis hereby authorized and empowered to, elect that the provisions of\nparagraph (k) of subdivision two of section two hereof excepting housing\naccommodations, other than housing accommodations used as boarding\nhouses or rooming houses in the county of Westchester which are or\nbecome vacant therein from the classifications of housing accommodations\nsubject to rent control shall not apply in such city or town; and in the\nevent of the adoption of such a resolution in any such city, or town,\nsuch housing accommodations specified in such subdivision within such\ncity or town shall continue to be subject to rent control in like manner\nas before. Any such resolution, upon adoption, shall forthwith be\ntransmitted to the commission.\n 6. Notwithstanding any inconsistent provision of this act, the local\ngoverning body of the city of Albany, by resolution duly adopted for\nsuch purpose not later than June thirtieth, nineteen hundred sixty-five,\ndetermining the existence of a public emergency requiring the regulation\nand control of residential rents and evictions within such city, which\ndetermination shall follow a survey which such city shall have caused to\nbe made of the supply of housing accommodations within such city, the\ncondition of such accommodations and the need for re-establishing the\nregulation and control of residential rents and evictions within such\ncity, may, and it is hereby authorized and empowered to request the\ncommission to re-establish the regulations of rents with respect to all\nor any particular class of housing accommodations in the city of Albany,\nto the extent specified in such resolution.\n Any such resolution, upon adoption, shall forthwith be transmitted to\nthe commission. Upon receipt of such resolution, the commission shall\nforthwith by regulation or order fix as the maximum rents therefor the\nrents which were lawfully chargeable therefor on April first, nineteen\nhundred sixty-two, in accordance with the request contained in such\nresolution. Any such regulation or order recontrolling rents shall take\neffect on the date specified in such resolution, and thereafter the\nmaximum rents established thereby shall be and continue in force and\neffect as to such housing accommodations within such city until changed\nor abolished in accordance with the applicable provisions of this act\nand the regulations adopted thereunder, and all the provisions of this\nact applying generally with respect to maximum rents on such housing\naccommodations and evictions therefrom shall apply with respect thereto\nwithin such city.\n 7. Notwithstanding any inconsistent provision of this act, the local\ngoverning body of the city of Mount Vernon, by resolution duly adopted\nfor such purpose not later than sixty days after the effective date of\nthis subdivision, determining the existence of a public emergency\nrequiring the regulation and control of residential rents and evictions\nwithin such city and the need for re-establishing the regulation and\ncontrol of residential rents and evictions within such city for housing\naccommodations subject to the provisions of this act on the first day of\nJune, nineteen hundred eighty-three, may, and it is hereby authorized\nand empowered to request the division of housing and community renewal\nto re-establish the regulations of rents with respect to such housing\naccommodations in the city of Mount Vernon, to the extent specified in\nsuch resolution.\n Any such resolution, upon adoption, shall forthwith be transmitted to\nthe division of housing and community renewal. Upon receipt of such\nresolution, the division of housing and community renewal shall\nforthwith by regulation or order fix as the maximum rents therefor the\nrents which were lawfully chargeable therefor on June first, nineteen\nhundred eighty-three, in accordance with the request contained in such\nresolution. Any such regulation or order recontrolling rents shall be\ndeemed to have been in full force and effect on and after the first day\nof June, nineteen hundred eighty-three, and thereafter the maximum rents\nestablished thereby shall be and continue in force and effect as to such\nhousing accommodations within such city until changed or abolished in\naccordance with the applicable provisions of this act and the\nregulations adopted thereunder, and all the provisions of this act\napplying generally with respect to maximum rents on such housing\naccommodations and evictions therefrom shall apply with respect thereto\nwithin such city.\n