N.Y. ETP Law § 5 — New York Code / Act ETP / Section 5
Housing accommodations subject to regulation
Status: in_force

§ 5. Housing accommodations subject to regulation. a. A declaration of\nemergency may be made pursuant to section three as to all or any class\nor classes of housing accommodations in a municipality, except:\n  (1) housing accommodations subject to the emergency housing rent\ncontrol law, or the local emergency housing rent control act, other than\nhousing accommodations subject to the New York city rent stabilization\nlaw of nineteen hundred sixty-nine;\n  (2) housing accommodations owned or operated by the United States, the\nstate of New York, any political subdivision, agency or instrumentality\nthereof, any municipality or any public housing authority;\n  (3) housing accommodations in buildings in which rentals are fixed by\nor subject to the supervision of the state division of housing and\ncommunity renewal under other provisions of law or the New York city\ndepartment of housing preservation and development or the New York state\nurban development corporation, or, to the extent that regulation under\nthis act is inconsistent therewith aided by government insurance under\nany provision of the National Housing Act;\n  (4) (a) housing accommodations in a building containing fewer than six\ndwelling units, other than any plot or parcel of land in cities having a\npopulation of one million or more which had been rented prior to May\nfirst, nineteen hundred fifty, for the purpose of permitting the tenant\nthereof to construct or place his own dwelling thereon and heretofore or\nhereafter decontrolled, exempt, not subject to control or exempted from\nregulation and control under the provisions of the emergency housing\nrent control law or the local emergency housing rent control act and on\nwhich plot or parcel of land there exists a dwelling owned and occupied\nby a tenant of such plot or parcel;\n  (b) for purposes of this paragraph four, a building shall be deemed to\ncontain six or more dwelling units if it is part of a multiple family\ngarden-type maisonette dwelling complex containing six or more dwelling\nunits having common facilities such as a sewer line, water main or\nheating plant and operated as a unit under common ownership,\nnotwithstanding that certificates of occupancy were issued for portions\nthereof as one- or two-family dwellings.\n  (5) housing accommodations in buildings completed or buildings\nsubstantially rehabilitated as family units on or after January first,\nnineteen hundred seventy-four; provided that an owner claiming exemption\nfrom rent stabilization on the basis of a substantial rehabilitation,\nwhere the work for such rehabilitation was initiated on or after the\nfirst day of January, two thousand twenty-four, shall seek approval from\nstate division of housing and community renewal within one year of the\ncompletion of the substantial rehabilitation, and ultimately obtain such\napproval, which shall be denied on the following grounds:\n  (a) the owner or its predecessors in interest have engaged in\nharassment of tenants in the five years preceding the completion of the\nsubstantial rehabilitation;\n  (b) the building was not in a substandard or seriously deteriorated\ncondition requiring substantial rehabilitation; or\n  (c) any additional grounds as set forth by regulation;\n  (5-a) housing accommodations located outside of a city with a\npopulation of one million or more in any such buildings that were vacant\nand unoccupied on June first, two thousand nineteen and had been vacant\nand unoccupied for at least the one-year period immediately preceding\nsuch date;\n  (6) housing accommodations owned or operated by a hospital, convent,\nmonastery, asylum, public institution, or college or school dormitory or\nany institution operated exclusively for charitable or educational\npurposes on a non-profit basis other than (i) those accommodations\noccupied by a tenant on the date such housing accommodation is acquired\nby any such institution, or which are occupied subsequently by a tenant\nwho is not affiliated with such institution at the time of his initial\noccupancy or (ii) permanent housing accommodations with government\ncontracted services, as of and after June fourteenth, two thousand\nnineteen, to vulnerable individuals or individuals with disabilities who\nare or were homeless or at risk of homelessness; provided, however, that\nthe terms of leases in existence as of June fourteenth, two thousand\nnineteen, shall only be affected upon lease renewal, and further\nprovided that upon the vacancy of such housing accommodations, the legal\nregulated rent for such housing accommodations shall be the legal\nregulated rent paid for such housing accommodations by the prior tenant,\nsubject only to any adjustment adopted by the applicable rent guidelines\nboard;\n  (7) rooms or other housing accommodations in hotels, other than hotel\naccommodations in cities having a population of one million or more not\noccupied on a transient basis and heretofore subject to the emergency\nhousing rent control law, the local emergency housing rent control act\nor to the New York city rent stabilization law of nineteen hundred\nsixty-nine;\n  (8) any motor court, or any part thereof, any trailer, or trailer\nspace used exclusively for transient occupancy or any part thereof; or\nany tourist home serving transient guests exclusively, or any part\nthereof;\n  The term "motor court" shall mean an establishment renting rooms,\ncottages or cabins, supplying parking or storage facilities for motor\nvehicles in connection with such renting and other services and\nfacilities customarily supplied by such establishments, and commonly\nknown as motor, auto or tourist court in the community.\n  The term "tourist home" shall mean a rooming house which caters\nprimarily to transient guests and is known as a tourist home in the\ncommunity.\n  (9) non-housekeeping, furnished housing accommodations, located within\na single dwelling unit not used as a rooming or boarding house, but only\nif:\n  (a) no more than two tenants for whom rent is paid (husband and wife\nbeing considered one tenant for this purpose), not members of the\nlandlord's immediate family, live in such dwelling unit, and\n  (b) the remaining portion of such dwelling unit is occupied by the\nlandlord or his immediate family.\n  (10) housing accommodations in buildings operated exclusively for\ncharitable purposes on a non-profit basis except for permanent housing\naccommodations with government contracted services, as of and after the\neffective date of the chapter of the laws of two thousand nineteen that\namended this paragraph, to vulnerable individuals or individuals with\ndisabilities who are or were homeless or at risk of homelessness;\nprovided, however, that the terms of leases in existence as of the\neffective date of the chapter of the laws of two thousand nineteen that\namended this paragraph, shall only be affected upon lease renewal, and\nfurther provided that upon the vacancy of such housing accommodations,\nthe legal regulated rent for such housing accommodations shall be the\nlegal regulated rent paid for such housing accommodations by the prior\ntenant, subject only to any adjustment adopted by the applicable rent\nguidelines board;\n  (11) housing accommodations which are not occupied by the tenant, not\nincluding subtenants or occupants, as his or her primary residence, as\ndetermined by a court of competent jurisdiction. For the purposes of\ndetermining primary residency, a tenant who is a victim of domestic\nviolence, as defined in section four hundred fifty-nine-a of the social\nservices law, who has left the unit because of such violence, and who\nasserts an intent to return to the housing accommodation shall be deemed\nto be occupying the unit as his or her primary residence. For the\npurposes of this paragraph, where a housing accommodation is rented to a\nnot-for-profit hospital for residential use, affiliated subtenants\nauthorized to use such accommodations by such hospital shall be deemed\nto be tenants. For the purposes of this paragraph, where a housing\naccommodation is rented to a not-for-profit for providing, as of and\nafter the effective date of the chapter of the laws of two thousand\nnineteen that amended this paragraph, permanent housing to individuals\nwho are or were homeless or at risk of homelessness, affiliated\nsubtenants authorized to use such accommodations by such not-for-profit\nshall be deemed to be tenants. No action or proceeding shall be\ncommenced seeking to recover possession on the ground that a housing\naccommodation is not occupied by the tenant as his or her primary\nresidence unless the owner or lessor shall have given thirty days notice\nto the tenant of his or her intention to commence such action or\nproceeding on such grounds.\n  (14) (i) housing accommodations owned as a cooperative or condominium\nunit which are or become vacant on or after the effective date of this\nparagraph, except that this subparagraph shall not apply to units\noccupied by non-purchasing tenants under section three hundred\nfifty-two-eee of the general business law until the occurrence of a\nvacancy. (ii) This paragraph shall not apply, however, to or become\neffective with respect to housing accommodations which the commissioner\ndetermines or finds the landlord or any person acting on his or her\nbehalf, with intent to cause the tenant to vacate, engaged in any course\nof conduct (including, but not limited to, interruption or\ndiscontinuance of required 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 or her use or occupancy of the housing\naccommodations. In connection with such course of conduct any other\ngeneral enforcement provision of this act shall also apply;\n  b. Notwithstanding any other provision of this section, nothing shall\nprevent the declaration of an emergency pursuant to section three of\nthis act for rental housing accommodations located in buildings or\nstructures which are subject to the provisions of article eighteen of\nthe private housing finance law.\n