§ 213 — Voluntary participation by local governments outside the city of New York

* § 213. Voluntary participation by local governments outside the city\nof New York. 1. Applicability. This article shall apply in any village,\ntown, or a city, other than the city of New York, that, acting through\nits local legislative body, adopts the provisions of this article by\nlocal law.\n 2. Opt-in by a village, town, or city, other than the city of New\nYork. A village, town, or city that adopts the provisions of this\narticle by local law pursuant to subdivision one of this section may:\n (a) provide that any unit on or within a housing accommodation shall\nbe exempt from the provisions of this article if such unit has a monthly\nrent above a percent of fair market rent, as published by the United\nStates department of housing and urban development and as shall be\npublished for each county in the state by the division of housing and\ncommunity renewal pursuant to subdivision fifteen of section two hundred\nfourteen of this article, that shall be established in the local law\nadopted pursuant to subdivision one of this section, provided that if\nsuch local law does not establish such percent of fair market rent, any\nunit on or within a housing accommodation with a monthly rent greater\nthan two hundred forty-five percent of such fair market rent shall be\nexempt from the provisions of this article; and/or\n (b) define "small landlord" as a landlord of no more than any number\nof units in the state that the village, town, or city enacts by local\nlaw, provided that if such local law does not define "small landlord," a\n"small landlord" shall mean a landlord of no more than ten units in the\nstate.\n 3. Notwithstanding the foregoing provisions of this section, if a town\nand a village within such town both adopt the provisions of this article\nby local law pursuant to subdivision one of this section, the local law\nadopted by such town shall not apply within the territorial limits of a\nvillage within such town.\n 4. Nothing in this section shall permit a village, town, or city to\nwhich this article applies to preempt or alter the terms and provisions\nof this article within such village, town or city.\n 5. Within thirty days of receipt of a local law adopted pursuant to\nsubdivision one of this section, and filed with the department of state\npursuant to section twenty-seven of the municipal home rule law, the\ndepartment of state shall notify the division of housing and community\nrenewal of such adoption.\n 6. The division of housing and community renewal shall include in the\nannual publication required pursuant to subdivision seven of section two\nhundred eleven of this article a list including any village, town, or\ncity, other than the city of New York, as to which the division of\nhousing and community renewal has received the notice from the\ndepartment of state required pursuant to subdivision five of this\nsection indicating that such village, town, or city has adopted a local\nlaw pursuant to subdivision one of this section to apply the provisions\nof this article within such village, town, or city. Such list shall\ninclude the name of each village, town, or city that has adopted such a\nlocal law, the applicable fair market rent threshold within such\nvillage, town, or city for exemption from the provisions of this article\nestablished pursuant to paragraph (a) of subdivision two of this\nsection, and the applicable definition of small landlord within such\nvillage, town, or city established pursuant to paragraph (b) of\nsubdivision two of this section.\n * NB Repealed June 15, 2034\n