§ 21-1962 — Local Emergency Housing Rent Control Act 21/62

Chapter 21 of the laws of 1962\n Section 1. The regulation and control of residential rents and\nevictions within cities having a population of one million or more on\nand after May first, nineteen hundred sixty-two shall be governed by the\nprovisions of this section, notwithstanding the provisions of the\nemergency housing rent control law:\n 1. Short title. This section shall be known and may be cited as the\n"local emergency housing rent control act".\n 2. Legislative finding. The legislature hereby finds that a serious\npublic emergency continues to exist in the housing of a considerable\nnumber of persons in the state of New York which emergency was created\nby war, the effects of war and the aftermath of hostilities; that such\nemergency necessitated the intervention of federal, state and local\ngovernment in order to prevent speculative, unwarranted and abnormal\nincreases in rents; that there continues to exist an acute shortage of\ndwellings; that unless residential rents and evictions continue to be\nregulated and controlled, disruptive practices and abnormal conditions\nwill produce serious threats to the public health, safety and general\nwelfare; that to prevent such perils to health, safety and welfare,\npreventive action by the legislature continues to be imperative; that\nsuch action is necessary in order to prevent exactions of unjust,\nunreasonable and oppressive rents and rental agreements and to forestall\nprofiteering, speculation and other disruptive practices tending to\nproduce threats to the public health; that in order to prevent\nuncertainty, hardship and dislocation, the provisions of this section\nare necessary and designed to protect the public health, safety and\ngeneral welfare, that the transition from regulation to a normal market\nof free bargaining between landlord and tenant, while still the\nobjective of state policy, must be administered with due regard for such\nemergency; and that the policy herein expressed should now be\nadministered locally within cities having a population of one million or\nmore by an agency of the city itself.\n * 3. Local determination as to continuation of emergency. The\ncontinuation, after May thirty-first, nineteen hundred sixty-seven, of\nthe public emergency requiring the regulation and control of residential\nrents and evictions within cities having a population of one million or\nmore shall be a matter for local determination within each such city.\nAny such determination shall be made by the local legislative body of\nsuch city on or before April first, nineteen hundred sixty-seven and at\nleast once in every third year thereafter following a survey which the\ncity shall cause to be made of the supply of housing accommodations\nwithin such city, the condition of such accommodations and the need for\ncontinuing the regulation and control of residential rents and evictions\nwithin such city, provided, however, that when the date by which such\ndetermination shall be made falls in a calendar year immediately\nfollowing a calendar year during which a federal decennial census is\nconducted, such date shall be postponed by one year, and provided,\nfurther, that to ensure sufficient time to complete such survey in the\ncontext of the COVID-19 pandemic, the date by which such determination\nshall be made by the local legislative body in calendar year 2022 shall\nbe postponed until July 1, 2022. Such survey shall be submitted to such\nlegislative body not less than thirty nor more than sixty days prior to\nthe date of any such determination.\n * NB Effective until December 31, 2023\n * 3. Local determination as to continuation of emergency. The\ncontinuation, after May thirty-first, nineteen hundred sixty-seven, of\nthe public emergency requiring the regulation and control of residential\nrents and evictions within cities having a population of one million or\nmore shall be a matter for local determination within each such city.\nAny such determination shall be made by the local legislative body of\nsuch city on or before April first, nineteen hundred sixty-seven and at\nleast once in every third year thereafter following a survey which the\ncity shall cause to be made of the supply of housing accommodations\nwithin such city, the condition of such accommodations and the need for\ncontinuing the regulation and control of residential rents and evictions\nwithin such city, provided, however, that when the date by which such\ndetermination shall be made falls in a calendar year immediately\nfollowing a calendar year during which a federal decennial census is\nconducted, such date shall be postponed by one year. Such survey shall\nbe submitted to such legislative body not less than thirty nor more than\nsixty days prior to the date of any such determination.\n * NB Effective December 31, 2023\n 4. Establishment of city housing rent agency. On or before April\nfirst, nineteen hundred sixty-two, the mayor of each city having a\npopulation of one million or more shall establish or designate an\nofficial, bureau, board, commission or agency of such city (referred to\nin this section as the "city housing rent agency") to administer the\nregulation and control of residential rents and evictions within such\ncity unless such city, acting through its local legislative body, shall\nhave enacted, prior to April first, nineteen hundred sixty-two, a local\nlaw or ordinance pursuant to subdivision five of this section,\nprescribing a different method of establishing or designating a city\nhousing rent agency and in such case such agency shall be established or\ndesignated in accordance with said local law or ordinance.\n 5. Authority for local rent control legislation. Each city having a\npopulation of one million or more, acting through its local legislative\nbody, may adopt and amend local laws or ordinances in respect of the\nestablishment or designation of a city housing rent agency. When it\ndeems such action to be desirable or necessitated by local conditions in\norder to carry out the purposes of this section, such city, except as\nhereinafter provided, acting through its local legislative body and not\notherwise, may adopt and amend local laws or ordinances in respect of\nthe regulation and control of residential rents, including but not\nlimited to provision for the establishment and adjustment of maximum\nrents, the classification of housing accommodations, the regulation of\nevictions, and the enforcement of such local laws or ordinances. The\nvalidity of any such local laws or ordinances, and the rules or\nregulations promulgated in accordance therewith, shall not be affected\nby and need not be consistent with the state emergency housing rent\ncontrol law or with rules and regulations of the state division of\nhousing and community renewal.\n Notwithstanding any local law or ordinance, housing accommodations\nwhich became vacant on or after July first, nineteen hundred seventy-one\nor which hereafter become vacant shall be subject to the provisions of\nthe emergency tenant protection act of nineteen seventy-four, provided,\nhowever, that this provision shall not apply or become effective with\nrespect to housing accommodations which, by local law or ordinance, are\nmade directly subject to regulation and control by a city housing rent\nagency and such agency determines or finds that the housing\naccommodations became vacant because the landlord or any person acting\non his behalf, with intent to cause the tenant to vacate, engaged in any\ncourse of conduct (including but not limited to, interruption or\ndiscontinuance of essential services) which interfered with or disturbed\nor was intended to interfere with or disturb the comfort, repose, peace\nor quiet of the tenant in his use or occupancy of the housing\naccommodations. The removal of any housing accommodation from regulation\nand control of rents pursuant to the vacancy exemption provided for in\nthis paragraph shall not constitute or operate as a ground for the\nsubjection to more stringent regulation and control of any housing\naccommodation in such property or in any other property owned by the\nsame landlord, notwithstanding any prior agreement to the contrary by\nthe landlord. The vacancy exemption provided for in this paragraph shall\nnot arise with respect to any rented plot or parcel of land otherwise\nsubject to the provisions of this act, by reason of a transfer of title\nand possession occurring on or after July first, nineteen hundred\nseventy-one of a dwelling located on such plot or parcel and owned by\nthe tenant where such transfer of title and possession is made to a\nmember of the tenant's immediate family provided that the member of the\ntenant's immediate family occupies the dwelling with the tenant prior to\nthe transfer of title and possession for a continuous period of two\nyears.\n The term "immediate family" shall include a husband, wife, son,\ndaughter, stepson, stepdaughter, father, mother, father-in-law or\nmother-in-law.\n Notwithstanding the foregoing, no local law or ordinance shall\nhereafter provide for the regulation and control of residential rents\nand eviction in respect of any housing accommodations which are (1)\npresently exempt from such regulation and control or (2) hereafter\ndecontrolled either by operation of law or by a city housing rent\nagency, by order or otherwise. No housing accommodations presently\nsubject to regulation and control pursuant to local laws or ordinances\nadopted or amended under authority of this subdivision shall hereafter\nbe by local law or ordinance or by rule or regulation which has not been\ntheretofore approved by the state commissioner of housing and community\nrenewal subjected to more stringent or restrictive provisions of\nregulation and control than those presently in effect.\n Notwithstanding any other provision of law, on and after the effective\ndate of this paragraph, a city having a population of one million or\nmore shall not, either through its local legislative body or otherwise,\nadopt or amend local laws or ordinances with respect to the regulation\nand control of residential rents and eviction, including but not limited\nto provision for the establishment and adjustment of rents, the\nclassification of housing accommodations, the regulation of evictions,\nand the enforcement of such local laws or ordinances, or otherwise adopt\nlaws or ordinances pursuant to the provisions of this act, the emergency\ntenant protection act of nineteen seventy-four, the New York city rent\nand rehabilitation law or the New York city rent stabilization law,\nexcept to the extent that such city for the purpose of reviewing the\ncontinued need for the existing regulation and control of residential\nrents or to remove a classification of housing accommodation from such\nregulation and control adopts or amends local laws or ordinances\npursuant to subdivision three of section one of this act, section three\nof the emergency tenant protection act of nineteen seventy-four, section\n26-415 of the New York city rent and rehabilitation law, and sections\n26-502 and 26-520 of the New York city rent stabilization law of\nnineteen hundred sixty-nine.\n Notwithstanding the foregoing, no local law or ordinance shall subject\nto such regulation and control any housing accommodation which is not\noccupied by the tenant in possession as his or her primary residence;\nprovided, however, that such housing accommodation not occupied by the\ntenant in possession as his or her primary residence shall continue to\nbe subject to regulation and control as provided for herein unless the\ncity housing rent agency issues an order decontrolling such\naccommodation, which the agency shall do upon application by the\nlandlord whenever it is established by any facts and circumstances\nwhich, in the judgment of the agency, may have a bearing upon the\nquestion of residence, that the tenant maintains his or her primary\nresidence at some place other than at such housing accommodation. For\nthe purposes of determining primary residency, a tenant who is a victim\nof domestic violence, as defined in section four hundred fifty-nine-a of\nthe social services law, who has left the unit because of such violence,\nand who asserts an intent to return to the housing accommodation shall\nbe deemed to be occupying the unit as his or her primary residence.\n 6. Succession of city agency to state rent control functions within\ncity. All the functions and powers possessed by and all the obligations\nand duties of the temporary state housing rent commission and the state\nrent administrator under the provisions of the state emergency housing\nrent control law and the rules and regulations of the commission\nthereunder, insofar as they relate to the regulation and control of\nresidential rents and evictions within a city having a population of one\nmillion or more, shall be transferred to the city housing rent agency of\nsuch city on May first, nineteen hundred sixty-two, subject to the\nprovisions of any local laws, ordinances, rules or regulations adopted\npursuant to this subdivision or subdivision five of this section. On and\nafter such date, and until the adoption of a local law or ordinance in\nrespect of the regulation and control of residential rents within such\ncity pursuant to subdivision five of this section, such city housing\nrent agency is hereby authorized and empowered, from time to time, to\nadopt, promulgate, amend or rescind rules, regulations and orders under\nthe state emergency housing rent control law and the validity of such\nrules, regulations and orders shall not be affected by and need not be\nconsistent with the rules, regulations and orders of the temporary state\nhousing rent commission under such law. All acts, orders,\ndeterminations, decisions, rules and regulations of the temporary state\nhousing rent commission relating to the regulation and control of\nresidential rents and eviction within such city which are in force at\nthe time of such transfer shall continue in force and effect as acts,\norders, determinations, decisions, rules and regulations of such city\nhousing rent agency until duly modified, superseded or abrogated\npursuant to such local laws, ordinances, rules or regulations.\n 7. Investigations. The city housing rent agency is authorized to make\nsuch studies and investigations, to conduct such hearings, and to obtain\nsuch information as it deems necessary or proper in prescribing any\nregulation or order under a local law adopted pursuant to subdivision\nfive of this section or in administering and enforcing such local law\nand the regulations and orders thereunder or the state emergency housing\nrent control law and the regulations and orders thereunder.\n The city housing rent agency is further authorized, by regulation or\norder, to require any person who rents or offers for rent or acts as\nbroker or agent for the rental of any housing accommodations to furnish\nany such information under oath or affirmation, or otherwise, to make\nand keep records and other documents, and to make reports, and the city\nhousing rent agency may require any such person to permit the inspection\nand copying of records and other documents and the inspection of housing\naccommodations. Any officer or agent designated by the city housing rent\nagency for such purposes may administer oaths and affirmations and may,\nwhenever necessary, by subpoena, require any such person to appear and\ntestify or to appear and produce documents, or both, at any designated\nplace.\n For the purpose of obtaining any information under this subdivision,\nthe city housing rent agency may by subpoena require any other person to\nappear and testify or to appear and produce documents, or both, at any\ndesignated place.\n The production of a person's documents at any place other than his\nplace of business shall not be required under this subdivision in any\ncase in which, prior to the return date specified in the subpoena issued\nwith respect thereto, such person either has furnished the city housing\nrent agency with a copy of such documents certified by such person under\noath to be a true and correct copy, or has entered into a stipulation\nwith the city housing rent agency as to the information contained in\nsuch documents.\n In case of contumacy by, or refusal to obey a subpoena served upon,\nany person referred to in this subdivision, the supreme court in or for\nany judicial district in which such person is found or resides or\ntransacts business, upon application by the city housing rent agency,\nshall have jurisdiction to issue an order requiring such person to\nappear and give testimony or to appear and produce documents, or both;\nand any failure to obey such order of the court may be punished by such\ncourt as a contempt thereof. The provisions of this paragraph shall be\nin addition to the provisions of paragraph (a) of subdivision nine of\nthis section.\n Witnesses subpoenaed under this subdivision shall be paid the same\nfees and mileage as are paid witnesses under article eighty of the civil\npractice law and rules.\n Upon any such investigation or hearing, the city housing rent agency,\nor an officer duly designated by the city housing rent agency to conduct\nsuch investigation or hearing, may confer immunity in accordance with\nthe provisions of section 50.20 of the criminal procedure law.\n The city housing rent agency shall not publish or disclose any\ninformation obtained under this section that the city housing rent\nagency deems confidential or with reference to which a request for\nconfidential treatment is made by the person furnishing such\ninformation, unless the city housing rent agency determines that the\nwithholding thereof is contrary to the public interest.\n Any person subpoenaed under this section shall have the right to make\na record of his testimony and to be represented by counsel.\n 8. Judicial review. Any person who is aggrieved by the final\ndetermination of the city housing rent agency in an administrative\nproceeding protesting a regulation or order of such agency may, in\naccordance with article seventy-eight of the civil practice law and\nrules, within sixty days after such determination, file a petition with\nthe supreme court specifying his objections and praying that the\nregulation or order protested be enjoined or set aside in whole or in\npart. Such proceeding may at the option of the petitioner be instituted\nin the county where the city housing rent agency has its principal\noffice or where the property is located. A copy of such petition shall\nforthwith be served on the city housing rent agency, and the city\nhousing rent agency shall file with such court the original or a\ntranscript of such portions of the proceedings in connection with the\ndetermination as are material under the petition. Such return shall\ninclude a statement setting forth, so far as practicable, the economic\ndata and other facts of which the city housing rent agency has taken\nofficial notice. Upon the filing of such petition the court shall have\njurisdiction to set aside the regulation or order protested, in whole or\nin part, to dismiss the petition, or to remit the proceeding to the city\nhousing rent agency; provided, however, that the regulation or order may\nbe modified or rescinded by the city housing rent agency at any time\nnotwithstanding the pendency of such proceeding for review. No objection\nto such regulation or order, and no evidence in support of any objection\nthereto, shall be considered by the court, unless such objection shall\nhave been presented to the city housing rent agency by the petitioner in\nthe proceedings resulting in the determination or unless such evidence\nshall be contained in the return. If application is made to the court by\neither party for leave to introduce additional evidence which was either\noffered and not admitted, or which could not reasonably have been\noffered or included in such proceedings before the city housing rent\nagency, and the court determines that such evidence should be admitted,\nthe court shall order the evidence to be presented to the city housing\nrent agency. The city housing rent agency shall promptly receive the\nsame, and such other evidence as the city housing rent agency deems\nnecessary or proper, and thereupon the city housing rent agency shall\nfile with the court the original or a transcript thereof and any\nmodification made in such regulation or order as a result thereof;\nexcept that on request by the city housing rent agency, any such\nevidence shall be presented directly to the court. Upon final\ndetermination of the proceeding before the court, the original record,\nif filed by the city housing rent agency with the court, shall be\nreturned to the city housing rent agency.\n No regulation or order of the city housing rent agency shall be\nenjoined or set aside, in whole or in part, unless the petitioner shall\nestablish to the satisfaction of the court that the regulation or order\nis not in accordance with law, or is arbitrary or capricious. The\neffectiveness of an order of the court enjoining or setting aside, in\nwhole or in part, any such regulation or order shall be postponed until\nthe expiration of thirty days from the entry thereof. The jurisdiction\nof the supreme court shall be exclusive and its order dismissing the\npetition or enjoining or setting aside such regulation or order, in\nwhole or in part, shall be final, subject to review by the appellate\ndivision of the supreme court and the court of appeals in the same\nmanner and form and with the same effect as provided in the civil\npractice act for appeals from a final order in a special proceeding.\nNotwithstanding any provision of section thirteen hundred four of the\ncivil practice act to the contrary, any order of the court remitting the\nproceeding to the city housing rent agency may, at the election of the\ncity housing rent agency, be subject to review by the appellate division\nof the supreme court and the court of appeals in the same manner and\nform and with the same effect as provided in the civil practice act for\nappeals from a final order in a special proceeding. All such proceedings\nshall be heard and determined by the court and by any appellate court as\nexpeditiously as possible and with lawful precedence over other matters.\nAll such proceedings for review shall be heard on the petition,\ntranscript and other papers, and on appeal shall be heard on the record,\nwithout requirement of printing.\n Within thirty days after arraignment, or such additional time as the\ncourt may allow for good cause shown, in any criminal proceeding, and\nwithin five days after judgment in any civil or criminal proceeding,\nbrought pursuant to subdivision ten of this section involving alleged\nviolation of any provision of any regulation or order of the city\nhousing rent agency, the defendant may apply to the court in which the\nproceeding is pending for leave to file in the supreme court a petition\nsetting forth objections to the validity of any provision which the\ndefendant is alleged to have violated or conspired to violate. The court\nin which the proceeding is pending shall grant such leave with respect\nto any objection which it finds is made in good faith and with respect\nto which it finds there is reasonable and substantial excuse for the\ndefendant's failure to present such objection in an administrative\nproceeding before the city housing rent agency. Upon the filing of a\npetition pursuant to and within thirty days from the granting of such\nleave, the supreme court shall have jurisdiction to enjoin or set aside\nin whole or in part the provision of the regulation or order complained\nof or to dismiss the petition. The court may authorize the introduction\nof evidence, either to the city housing rent agency or directly to the\ncourt, in accordance with the first paragraph of this subdivision. The\nprovisions of the second paragraph of this subdivision shall be\napplicable with respect to any proceedings instituted in accordance with\nthis paragraph.\n In any proceeding brought pursuant to subdivision ten of this section\ninvolving an alleged violation of any provision of any such regulation\nor order, the court shall stay the proceeding:\n (1) during the period within which a petition may be filed in the\nsupreme court pursuant to leave granted under the third paragraph of\nthis subdivision with respect to such provision;\n (2) during the pendency of any administrative proceeding before the\ncity housing rent agency properly commenced by the defendant prior to\nthe institution of the proceeding under subdivision ten of this section,\nsetting forth objections to the validity of such provision which the\ncourt finds to have been made in good faith; and\n (3) during the pendency of any judicial proceeding instituted by the\ndefendant under this subdivision with respect to such administrative\nproceeding or instituted by the defendant under the third paragraph of\nthis subdivision with respect to such provision, and until the\nexpiration of the time allowed in this subdivision for the taking of\nfurther proceedings with respect thereto.\n Notwithstanding the provisions of the immediately preceding paragraph,\nstays shall be granted thereunder in civil proceedings only after\njudgment and upon application made within five days after judgment.\nNotwithstanding the provisions of the third paragraph of this\nsubdivision, in the case of a proceeding under the first paragraph of\nsubdivision ten of this section the court granting a stay under the\nimmediately preceding paragraph of this subdivision shall issue a\ntemporary injunction or restraining order enjoining or restraining,\nduring the period of the stay, violations by the defendant of any\nprovision of the regulation or order involved in the proceeding. If any\nprovision of a regulation or order is determined to be invalid by\njudgment of the supreme court which has become effective in accordance\nwith the second paragraph of this subdivision, any proceeding pending in\nany court shall be dismissed, and any judgment in such proceeding\nvacated, to the extent that such proceeding or judgment is based upon\nviolation of such provision. Except as provided in this paragraph, the\npendency of any administrative proceeding before the city housing rent\nagency or judicial proceeding under this subdivision shall not be\ngrounds for staying any proceeding brought pursuant to subdivision ten\nof this section; nor, except as provided in this paragraph, shall any\nretroactive effect be given to any judgment setting aside a provision of\na regulation or order.\n The method prescribed herein for the judicial review of a regulation\nor order of the city housing rent agency shall be exclusive.\n 9. Prohibitions. (a) It shall be unlawful, regardless of any contract,\nlease or other obligation heretofore or hereafter entered into, for any\nperson to demand or receive any rent for any housing accommodations in\nexcess of the maximum rent established therefor by the temporary state\nhousing rent commission or the city housing rent agency or otherwise to\ndo or omit to do any act, in violation of any regulation, order or\nrequirement of the city housing rent agency hereunder or under any local\nlaw adopted pursuant to subdivision five of this section or to offer,\nsolicit, attempt or agree to do any of the foregoing.\n (b) It shall be unlawful for any person to remove or attempt to remove\nfrom any housing accommodations the tenant or occupant thereof or to\nrefuse to renew the lease or agreement for the use of such\naccommodations, because such tenant or occupant has taken, or proposes\nto take, action authorized or required by the state emergency housing\nrent control law or any local law adopted pursuant to subdivision five\nof this section or any regulation, order or requirement thereunder.\n (c) It shall be unlawful for any officer or employee of the city\nhousing rent agency or for any official adviser or consultant to the\ncity housing rent agency to disclose, otherwise than in the course of\nofficial duty, any information obtained under this section, or to use\nany such information for personal benefit.\n (d) It shall be unlawful for any landlord or any person acting on his\nbehalf, with intent to cause the tenant to vacate, to engage in any\ncourse of conduct (including, but not limited to, interruption or\ndiscontinuance of essential services) which interferes with or disturbs\nor is intended to interfere with or disturb the comfort, repose, peace\nor quiet of the tenant in his use or occupancy of the housing\naccommodations.\n 10. Enforcement. (a) Whenever in the judgment of the city housing rent\nagency any person has engaged or is about to engage in any acts or\npractices which constitute or will constitute a violation of any\nprovision of subdivision nine of this section, the city housing rent\nagency may make application to the supreme court for an order enjoining\nsuch acts or practices, or for an order enforcing compliance with such\nprovision, or for an order directing the landlord to correct the\nviolation, and upon a showing by the city housing rent agency that such\nperson has engaged or is about to engage in any such acts or practices a\npermanent or temporary injunction, restraining order, or other order\nshall be granted without bond. Jurisdiction shall not be deemed lacking\nin the supreme court because the defense is based upon an order of an\ninferior court.\n (b) Any person who wilfully violates any provision of subdivision nine\nof this section, and any person who makes any statement or entry false\nin any material respect in any document or report required to be kept or\nfiled under any local law adopted pursuant to subdivision five of this\nsection or any regulation, order, or requirement thereunder, and any\nperson who wilfully omits or neglects to make any material statement or\nentry required to be made in any such document or report, shall, upon\nconviction thereof, be subject to a fine of not more than five thousand\ndollars, or to imprisonment for not more than two years in the case of a\nviolation of paragraph (c) of subdivision nine of this section and for\nnot more than one year in all other cases, or to both such fine and\nimprisonment. Whenever the city housing rent agency has reason to\nbelieve that any person is liable to punishment under this paragraph,\nthe city housing rent agency may certify the facts to the district\nattorney of any county having jurisdiction of the alleged violation, who\nshall cause appropriate proceedings to be brought.\n (c) Any court shall advance on the docket and expedite the disposition\nof any criminal or other proceedings brought before it under this\nsubdivision.\n (d) No officer or employee of the city housing rent agency shall be\nheld liable for damages or penalties in any court, on any grounds for or\nin respect of anything done or omitted to be done in good faith pursuant\nto any provision of the state emergency housing rent control law or any\nlocal law adopted pursuant to subdivision five of this section or any\nregulation, order, or requirement thereunder, notwithstanding that\nsubsequently such provision, regulation, order, or requirement may be\nmodified, rescinded, or determined to be invalid. In any action or\nproceeding wherein a party relies for ground of relief or defense or\nraises issue or brings into question the construction or validity of\nsuch local law or any regulation, order, or requirement thereunder, the\ncourt having jurisdiction of such action or proceeding may at any stage\ncertify such fact to the city housing rent agency. The city housing rent\nagency may intervene in any such action or proceeding.\n (e) If any landlord who receives rent from a tenant violates a\nregulation or order of the temporary state housing rent commission or\nthe city housing rent agency prescribing the maximum rent with respect\nto the housing accommodations for which such rent is received from such\ntenant, the tenant paying such rent may, within two years from the date\nof the occurrence of the violation, except as hereinafter provided,\nbring an action against the landlord on account of the overcharge as\nhereinafter defined. In such action, the landlord shall be liable for\nreasonable attorney's fees and costs as determined by the court, plus\nwhichever of the following sums is the greater: (a) such amount not more\nthan three times the amount of the overcharge, or the overcharges, upon\nwhich the action is based as the court in its discretion may determine,\nor (b) an amount not less than twenty-five dollars nor more than fifty\ndollars, as the court in its discretion may determine; provided,\nhowever, that such amount shall be the amount of the overcharge or\novercharges or twenty-five dollars, whichever is greater, if the\ndefendant proves that the violation of the regulation or order in\nquestion was neither wilful nor the result of failure to take\npracticable precautions against the occurrence of the violation. As used\nin this section, the word "overcharge" shall mean the amount by which\nthe consideration paid by a tenant to a landlord exceeds the applicable\nmaximum rent. If any landlord who receives rent from a tenant violates a\nregulation or order of the temporary state housing rent commission or\nthe city housing rent agency prescribing maximum rent with respect to\nthe housing accommodations for which such rent is received from such\ntenant, and such tenant either fails to institute an action under this\nparagraph within thirty days from the date of the occurrence of the\nviolation or is not entitled for any reason to bring the action, the\ncity housing rent agency may institute an action within such two-year\nperiod. If such action is instituted by the city housing rent agency,\nthe tenant affected shall thereafter be barred from bringing an action\nfor the same violation or violations. Any action under this paragraph by\neither the tenant or the city housing rent agency, as the case may be,\nmay be brought in any court of competent jurisdiction. A judgment in an\naction for damages under this subdivision shall be a bar to the recovery\nunder this paragraph of any damages in any other action against the same\nlandlord on account of the same overcharge prior to the institution of\nthe action in which such judgment was rendered. Where judgment is\nrendered in favor of the city housing rent agency in such action, there\nshall be paid over to the tenant from the moneys recovered one-third of\nsuch recovery, exclusive of costs and disbursements.\n (f) If any landlord who receives rent from a tenant violates any order\nof the city housing rent agency containing a directive that rent\ncollected by the landlord in excess of the maximum rent be refunded to\nthe tenant within thirty days, the city housing rent agency may, within\none year after the expiration of such thirty day period or after such\norder shall become final by regulation of the city housing rent agency,\nbring an action against the landlord on account of the failure of the\nlandlord to make the prescribed refund. In such action, the landlord\nshall be liable for reasonable attorney's fees and costs as determined\nby the court, plus whichever of the following sums is the greater: (a)\nsuch amount not more than three times the amount directed to be\nrefunded, or the amount directed to be refunded, upon which the action\nis based as the court in its discretion may determine, or (b) an amount\nnot less than twenty-five dollars nor more than fifty dollars, as the\ncourt in its discretion may determine; provided, however, that such\namount shall be the amount directed to be refunded or twenty-five\ndollars, whichever is greater, if the defendant proves that the\nviolation of the order in question was neither wilful nor the result of\nfailure to take practical precautions against the occurrence of the\nviolation. The tenant paying such rent may also institute an action\nunder this section if the city housing rent agency fails to institute an\naction within thirty days from the date of occurrence of the violation.\nIf an action is instituted by the city housing rent agency, the tenant\naffected shall thereafter be barred from bringing an action for the same\nviolation. Any action under this section by either the city housing rent\nagency or the tenant, as the case may be, may be brought in any court of\ncompetent jurisdiction. A judgment in an action for damages under this\nsection shall be a bar to recovery under this subdivision of any damages\nin any other action against the same landlord on account of the same\nviolation prior to the institution of the action in which such judgment\nwas rendered. Where an action is brought by the tenant the damages which\nshall be awarded to the tenant shall be the same as if such action was\nbrought by the city housing rent agency. Where judgment is rendered in\nfavor of the city housing rent agency in such action, there shall be\npaid over to the tenant from the moneys recovered one-third of such\nrecovery, exclusive of the costs and disbursements.\n (g) Where after the city housing rent agency has granted a certificate\nof eviction certifying that the landlord may pursue his remedies\npursuant to local law to acquire possession, and a tenant voluntarily\nremoves from a housing accommodation or has been removed therefrom by\naction or proceeding to evict from or recover possession of a housing\naccommodation upon the ground that the landlord seeks in good faith to\nrecover possession of such accommodation for any purpose specified in a\nlocal law adopted pursuant to subdivision five of this section and such\nlandlord shall lease or sell the housing accommodation or the space\npreviously occupied thereby, or permit use thereof in any manner other\nthan contemplated in such eviction certificate, such landlord shall,\nunless for good cause shown, be liable to the tenant for three times the\ndamages sustained on account of such removal plus reasonable attorney's\nfees and costs as determined by the court; in addition to any other\ndamage, the cost of removal of property shall be a lawful measure of\ndamage.\n (h) Any tenant who has vacated his housing accommodations because the\nlandlord or any person acting on his behalf, with intent to cause the\ntenant to vacate, engaged in any course of conduct (including but not\nlimited to, interruption or discontinuance of essential services) which\ninterfered with or disturbed or was intended to interfere with or\ndisturb the comfort, repose, peace or quiet of the tenant in his use or\noccupancy of the housing accommodations may, within ninety days after\nvacating, apply for a determination that the housing accommodations were\nvacated as a result of such conduct, and may, within one year after such\ndetermination, institute a civil action against the landlord by reason\nof such conduct. Application for such determination may be made to the\ncity housing rent agency with respect to housing accommodations which,\nby local law or ordinance, are made directly subject to regulation and\ncontrol by such agency. For all other housing accommodadations subject\nto regulation and control pursuant to the New York city rent\nstabilization law of nineteen hundred sixty-nine, application for such\ndetermination may be made to the New York city conciliation and appeals\nboard. For the purpose of making and enforcing any determination of the\nNew York city conciliation and appeals board as herein provided, the\nprovisions of sections seven, eight and ten, whenever they refer to the\ncity housing rent agency, shall be deemed to refer to such board. In\nsuch action the landlord shall be liable to the tenant for three times\nthe damages sustained on account of such conduct plus reasonable\nattorney's fees and costs as determined by the court. In addition to any\nother damages the cost of removal of property shall be a lawful measure\nof damages.\n (h) Any tenant who has vacated his housing accommodations because the\nlandlord or any person acting on his behalf, with intent to cause the\ntenant to vacate, engaged in any course of conduct (including but not\nlimited to, interruption or discontinuance of essential services) which\ninterfered with or disturbed or was intended to interfere with or\ndisturb the comfort, repose, peace or quiet of the tenant in his use or\noccupancy of the housing accommodations may, within ninety days after\nvacating, apply for a determination that the housing accommodations were\nvacated as a result of such conduct, and may, within one year after such\ndetermination, institute a civil action against the landlord by reason\nof such conduct. Application for such determination may be made to the\ncity housing rent agency with respect to housing accommodations which,\nby local law or ordinance, are made directly subject to regulation and\ncontrol by such agency. For all other housing accommodations subject to\nregulation and control by local law or ordinance, application for such\ndetermination may be made to the state division of housing and community\nrenewal. For the purpose of making and enforcing any determination of\nthe state division, as herein provided, the provisions of sections\nseven, eight and ten, whenever they refer to the city housing rent\nagency, shall be deemed to refer to the state division. In such action\nthe landlord shall be liable to the tenant for three times the damages\nsustained on account of such conduct plus reasonable attorney's fees and\ncosts as determined by the court. In addition to any other damages the\ncost of removal of property shall be a lawful measure of damages.\n 11. Transfer of certain pending matters. Except as provided in\nsubdivision thirteen of this section, any matter, application,\nproceeding or protest undertaken, filed or commenced by, with or before\nthe temporary state housing rent commission or the state rent\nadministrator relating to the regulation and control or residential\nrents and evictions within a city having a population of one million or\nmore and pending on May first, nineteen hundred sixty-two, shall be\ntransferred to, conducted by, and completed or determined by the city\nhousing rent agency. In discharging such responsibilities the city\nhousing rent agency shall act in conformity with the provisions of the\nstate emergency housing rent control law, and the rules and regulations\npromulgated thereunder, governing such matters, applications or\nproceedings, unless at the time such action is taken, such state law,\nand the rules and regulations promulgated thereunder, have been amended\nor superseded by local laws, ordinances, rules or regulations adopted\npursuant to subdivision five of this section, and in such event, in\nconformity therewith to the extent such local law, ordinances, rules or\nregulations are made expressly applicable to such matters, applications\nor proceedings.\n 12. Termination of state regulation and control. On and after May\nfirst, nineteen hundred sixty-two, the temporary state housing rent\ncommission and the state rent administrator shall have no jurisdiction\nover the regulation and control of residential rents and evictions\nwithin any city having a population of one million or more.\n 13. Pending court proceedings. All appeals or other court proceedings\nrelating to the regulation and control of residential rents and\nevictions in a city having a population of one million or more to which\nthe temporary state housing rent commission or the state rent\nadministrator is a party and which is pending on May first, nineteen\nhundred sixty-two or thereafter prosecuted shall be prosecuted or\ndefended by the temporary state housing rent commission and the state\nrent administrator pursuant to the state emergency housing rent control\nlaw to a final determination or other disposition by the court in\naccordance with law. If the court remits any such matter to the\ntemporary state housing rent commission, the commission may transfer\nsuch matter to the city housing rent agency for disposition pursuant to\nsubdivision eleven of this section.\n 14. Civil service. Upon the transfer of the functions of the temporary\nstate housing rent commission to the city housing rent agency pursuant\nto subdivision six of this section, the officers, and employees of such\ncommission, other than those certified for retention by the state rent\nadministrator to the state department of civil service prior to April\nfirst, nineteen hundred sixty-two, as required for the continued\noperations of such commission, shall be transferred as of May first,\nnineteen hundred sixty-two, to the city housing rent agency for the\ncontinued performance of their functions. Such officers and employees\nshall be transferred to similar or corresponding positions in such city\nhousing rent agency, without further examination or qualification, and\nshall retain their respective civil service jurisdictional\nclassifications and status. If the city housing rent agency determines\nthat it will not accept for transfer all such officers and employees,\nthe city housing rent agency shall certify to the state department of\ncivil service those officers and employees whom it will not accept for\ntransfer and in such event, the determination of those to be transferred\nshall be made by selection of the city housing rent agency from among\nofficers and employees holding permanent appointments in competitive\nclass positions in the order of their respective dates of original\nappointments in the service of the state, with due regard to the right\nof preference in retention of disabled and non-disabled veterans and\nblind persons.\n Notwithstanding the provisions of any general, special or local law,\ncode or charter requiring officers and employees of a city having a\npopulation of one million or more to be residents of such city at the\ntime of their entry into city service or during the continuance of such\nservice, officers and employees of the temporary state housing rent\ncommission shall be transferred to and shall be retained by the city\nhousing rent agency pursuant to this subdivision without regard to local\nresidence.\n Officers and employees holding permanent appointments in competitive\nclass positions, other than those certified by the state rent\nadministrator for retention in the service of the state, who are not\naccepted for transfer by the city housing rent agency or who request to\nbe excepted from such transfer shall have their names entered on an\nappropriate preferred list for reinstatement to the same or similar\npositions in the service of the state.\n Officers and employees transferred to the city housing rent agency\npursuant to this subdivision shall be entitled to full seniority credit\nfor all purposes, including the determination of their city salaries and\nincrements, for service in the state government rendered prior to such\ntransfer, as though such service had been service in the city\ngovernment. Such transferees shall retain their earned unused sick leave\nand vacation credits, but not in excess of maximum accumulations\npermitted under such municipal rules as may be applicable.\n Officers and employees transferred pursuant to this subdivision shall\nthereafter be subject to the rules and jurisdiction of the municipal\ncivil service commission having jurisdiction over the city housing rent\nagency to which such transfer is made. The state department of civil\nservice shall transfer to such municipal civil service commission on May\nfirst, nineteen hundred sixty-two, or as soon thereafter as may be\npracticable, all eligible lists, records, documents and files pertaining\nto the officers and employees so transferred and to their positions.\nExaminations for positions in the temporary state housing rent\ncommission which are in process on May first, nineteen hundred\nsixty-two, shall be completed by the state civil service commission and\neligible lists established. Such lists shall be included among the\neligible lists transferred to the municipal civil service commission.\nAny such eligible list shall continue to be used by such municipal civil\nservice commission and shall be certified by it in accordance with the\nprovisions of its rules and regulations for filling vacancies in\nappropriate positions in the city housing rent agency exercising the\nfunctions transferred pursuant to this section; provided, however, that\nsuch certifications from promotion eligible lists shall be limited to\neligibles transferred to such city housing rent agency pursuant to this\nsubdivision. Promotions in the temporary state housing rent commission\nshall be made from among eligibles on appropriate lists who are not\ntransferred to the city housing rent agency. All other matters which\nrelate to the administration of the civil service law with respect to\nthe officers and employees transferred pursuant to this subdivision, and\nwith respect to their positions, and which at the time of such transfer\nare pending before the state department of civil service or the state\ncivil service commission, shall be transferred to such municipal civil\nservice commission, and any action theretofore taken on such matters by\nsuch state department or commission shall have the same force and effect\nas if taken by such municipal civil service commission.\n 15. Intergovernmental cooperation. The temporary state housing rent\ncommission and the state rent administrator shall cooperate with the\ncity housing rent agency in effectuating the purposes of this act and\nshall make available to the city housing rent agency such cooperation,\ninformation, records and data as will assist the city housing rent\nagency in effectuating such purposes.\n Upon the request of the city housing rent agency, all such\ninformation, records and data relating to the regulation and control of\nresidential rents and evictions within such city shall be transferred to\nthe city housing rent agency on May first, nineteen hundred sixty-two or\nas soon thereafter as may be practicable.\n Subject to the approval of the state rent administrator, the state\ncommissioner of general services is hereby authorized to sublease or\notherwise make available, in part or in whole, to the city housing rent\nagency, upon such terms and conditions as the said commissioner may\nprescribe, any premises leased to the state and occupied on or prior to\nMay first, nineteen hundred sixty-two by the temporary state housing\nrent commission.\n Notwithstanding the provisions of section one hundred seventy-eight of\nthe state finance law, the state commissioner of general services is\nhereby authorized to sell, lease or otherwise make available to the city\nhousing rent agency, upon such terms and conditions as the said\ncommissioner may prescribe and subject to the approval of the state rent\nadministrator, any or all personal property used on or prior to May\nfirst, nineteen hundred sixty-two by the temporary state housing rent\ncommission.\n 16. Saving clause. If any local law or ordinance in respect of the\nregulation and control of residential rents and evictions adopted\npursuant to subdivision five of this section shall be held wholly or\npartially invalid by final decree of a court of competent jurisdiction,\nthe city housing rent agency shall administer the provisions of the\nstate emergency housing rent control law to the extent of any such\ninvalidity.\n 17. Separability. If any subdivision, paragraph, sentence, clause or\nprovision of this section shall be held wholly or partially invalid by\nfinal decree of a court of competent jurisdiction, to the extent that it\nis not invalid, it shall be valid and no other subdivision, paragraph,\nsentence, clause or provision shall on account thereof be deemed\ninvalid.\n § 2. Promptly after the effective date of this act, the mayor of each\ncity having a population of one million or more shall transmit to the\ngovernor, in such form and detail as the governor may prescribe, his\nrequest, if any, for an appropriation from the state treasury to defray\nthe reasonable and necessary expenses of such city for personal service\nand for maintenance and operation in respect of the regulation and\ncontrol of residential rents within such city pursuant to this act. Any\nsuch request shall be in sufficient detail to justify the reasonableness\nand necessity of the amount requested.\n If a request is received from the mayor of any such city after the\nfinal adjournment of the regular session of the legislature in nineteen\nhundred sixty-two, the state director of the budget is authorized to\ntransfer to such city from time to time a portion of any outstanding\nappropriation made to the temporary state housing rent commission after\nfiling a certificate of such transfer with the state comptroller, the\nchairman of the senate finance committee and the chairman of the\nassembly ways and means committee. Any amount so transferred shall be\npaid from the general fund to the credit of the local assistance fund on\nthe audit and warrant of the state comptroller on vouchers requisitioned\nby the mayor of such city or by an official of such city designated by\nthe mayor.\n § 2-a. Notwithstanding any other provision of law, during the period\nApril first, nineteen hundred seventy-two to March thirty-first,\nnineteen hundred seventy-three, the city housing rent agency may assess\nand collect fees or charges upon landlords pursuant to local rent\ncontrol laws or regulations subject to such terms and conditions as it\nmay deem to be appropriate, provided, however, that such fees or charges\nshall not exceed three dollars per housing accommodation in the\naggregate. In addition, no such fees or charges shall be assessed\nagainst any owner occupied structure with eight or less housing\naccommodations. To the extent that such fees and charges are\ninsufficient to provide the full amount required for services and\nexpenses necessary to the operation of the rent control program, the\namount appropriated by the legislature, or so much thereof as may be\nnecessary, shall be available for the payment of state aid. The officer\nor officers designated by local law or regulation to assess and collect\nsuch fees or charges and to make disbursements therefrom, shall\nmaintain, and provide at such times and in the manner and form as may be\nprescribed by the comptroller and the director of the budget of the\nstate of New York, a record and accounting of all funds received and\ndisbursed pursuant to this authorization.\n § 5. Any adjustments in maximum rents ordered by the temporary state\nhousing rent commission on and after June thirtieth, nineteen hundred\nsixty-one, and resulting in an increase thereof solely by reason of the\namendments made by chapter three hundred thirty-seven of the laws of\nnineteen hundred sixty-one to paragraph (a) of subdivision four of\nsection four of the emergency housing rent control law which provided\nfor the application of the most recent equalization rate, rather than\nthe equalization rate for the year nineteen hundred fifty-four, are\nhereby rescinded and nullified, provided, however, that no right is\nconferred by this act to recover any such increase paid prior to the\neffective date of this act.\n § 6. Notwithstanding any provision of chapter three hundred\nthirty-seven of the laws of nineteen hundred sixty-one, maximum rents\nestablished in any city having a population of one million or more\npursuant to the emergency housing rent control law, as last amended by\nsuch chapter, shall not be increased during the period between the\neffective date of this act and May first, nineteen hundred sixty-two,\nexcept with the voluntary written consent of the tenant affected.\n