NY Mult Dwell L § 260 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 7-A - Temporary Provisions 260 - Recovery of Rent for Certain Non-Complying Premises Restricted During Emergency Period.

* §   260.   Recovery  of  rent  for  certain  non-complying  premises   restricted during emergency period. 1. Legislative finding. It is hereby   declared that in cities of this state with  a  population  of  over  one   million  there  exists  an  acute  shortage  of  dwelling accommodations   available to low-income families; that many dwellings formerly  occupied   by  them  have  been  and  are  continuing  to be vacated and demolished   because  of  structural   inadequacy   or   danger,   obsolescence   and   dilapidation,  or because owners have refused to comply with the law, or   for other reasons; that the freedom of contract  has  been  impaired  in   consequence  thereof,  and unjust, unreasonable and oppressive increases   in the rents of dwelling accommodations available to such  families  are   being   and  will  continue  to  be  exacted;  that  world  war  II  has   necessitated an almost complete paralysis of building construction; that   the extent of construction  of  decent,  safe  and  sanitary  dwellings,   conforming  with  the minimum standards prescribed by law, has failed to   produce a sufficient  number  of  dwellings  for  the  accommodation  of   families  unable  to  pay  higher  rentals;  that there has been a rapid   absorption of rentable vacancies in said dwellings and a sharp  increase   in   rentals;  that  such  communities  are  threatened  with  wholesale   evictions; that an emergency exists by reason of these conditions, which   constitute a menace to the health, safety, morals, welfare  and  comfort   of  the  citizens  of  the  state, undermine the standard of living of a   large number thereof, tend to  impair  and  impede  the  enforcement  of   existing  statutes,  cause  overcrowding  and  congestion, foster crime,   encourage the spread of vice and disease and increase  the  death  rate;   that  adequate  housing  accommodations  to  relieve  the  hardships and   suffering resulting therefrom cannot be sufficiently provided,  with  or   without  public assistance, during the period of the emergency as herein   declared;  and  the  necessity  for  legislative  intervention,  by  the   enactment  of the provisions of this section and their application until   July first, nineteen hundred forty-nine, is hereby declared as a  matter   of  legislative  determination, and the provisions of this section shall   remain in force and effect only until such date.2. For the period during which any old-law tenement or  any  converted   dwelling  shall fail to comply with the applicable provisions of article   six or seven, as the case may be, no  rent  therefor  or  for  any  part   thereof shall be recovered by the owner, nor shall any action or special   proceeding  be  maintainable  for  such rent or to recover possession of   such dwelling or part thereof for non-payment of rent,  except  rent  at   such  rate  as shall not exceed the lowest rent charged therefor for any   month between September thirtieth, nineteen  hundred  thirty-seven,  and   April first, nineteen hundred forty-three.3.  In  any  such action or special proceeding in which there shall be   interposed a  defense  that  the  dwelling  fails  to  comply  with  the   applicable  provisions of article six or seven or that the rent demanded   exceeds  the  lowest  rent  charged  for  any  month  between  September   thirtieth,  nineteen  hundred  thirty-seven,  and  April first, nineteen   hundred forty-three, the burden of proof shall be upon the party seeking   to recover rent or possession.4. A certification by the department of the results of a  search  made   by  the  department  shall  be admissable as presumptive evidence of the   existence or non-existence of any violation of article six or  seven  as   in such certificate specified.* NB Expired July 1, 1949