2023 New York Laws › RPP - Real Property › Article 6-A - Good Cause Eviction Law › 211 - Definitions.

* §  211. Definitions. 1. The term "housing accommodation", as used in
this  article  shall  mean  any  residential  premises,  including   any
residential premises located within a mixed-use residential premises.
2.  The  term  "landlord"  as  used in this article shall mean any fee
owner, lessor, sublessor, assignor, court  appointed  receiver,  or  any
other  person  or  entity  receiving or entitled to receive rent for the
occupancy of any housing  accommodation  or  an  agent  of  any  of  the
foregoing.
3.  (a) The term "small landlord" as used in this article shall mean a
landlord of no more than (i) ten units in the state, or (ii) such  other
number  of  units  in  the  state  designated  by  local law pursuant to
paragraph (b) of subdivision two of section two hundred thirteen of this
article.
(b) If a landlord is a single natural person, then that landlord is  a
small  landlord  if  they  own or are a beneficial owner of, directly or
indirectly, in whole or in part,  no  more  than  the  number  of  units
established  pursuant  to paragraph (a) of this subdivision; if there is
more than one natural person owner, then no one person may own or  be  a
beneficial  owner  of, directly or indirectly, in whole or in part, more
than the number of units established pursuant to paragraph (a)  of  this
subdivision.
(c) If a landlord is an entity, organized under the laws of this state
or  of any other jurisdiction, then that landlord is a small landlord if
each natural person with a direct or indirect ownership interest in  the
entity  or  any  affiliated entity owns no more than the number of units
established pursuant to paragraph (a) of this subdivision. If an  entity
cannot  provide  the  names  of  all  natural  persons  with a direct or
indirect ownership interest in the entity, such entity shall not qualify
as a small landlord.
4. The term "tenant" as used in this  article  shall  mean  a  tenant,
sub-tenant,  lessee,  sublessee,  or  any  other  person entitled to the
lawful possession, use or occupancy of  any  housing  accommodation.  An
individual  shall  not  be  considered a tenant for the purposes of this
article if:
(a) no landlord-tenant relationship exists, as established pursuant to
any of the grounds set forth in section seven hundred  thirteen  of  the
real property actions and proceedings law; or
(b)  the  individual  is  an  occupant, as defined in paragraph (b) of
subdivision one of section two hundred thirty-five-f  of  this  chapter,
who  has  not  received the landlord's express or implied consent to use
the housing accommodation as their primary  residence  in  exchange  for
payment of rent.
5.   The   term  "rent"  as  used  in  this  article  shall  mean  any
consideration, including any bonus,  benefit  or  gratuity  demanded  or
received  for  or in connection with the possession, use or occupancy of
housing accommodations or the execution or transfer of a lease for  such
housing  accommodations.  The term "rent" shall not include any separate
charges for services, amenities or facilities which the tenant  pays  in
addition  to  rent,  including  but  not  limited to charges for fitness
centers, parking, storage,  or  facility  rentals,  provided  that  such
charges  are  not imposed or increased for the purposes of circumventing
this article.
6. The term "disabled person" as used in this  article  shall  mean  a
person   who   has   an   impairment   which  results  from  anatomical,
physiological or  psychological  conditions,  other  than  addiction  to
alcohol,  gambling,  or any controlled substance, which are demonstrable
by medically acceptable clinical and laboratory  diagnostic  techniques,

and which are expected to be permanent and which substantially limit one
or more of such person's major life activities.
7.  The term "inflation index" shall mean five percent plus the annual
percentage change in the consumer price index for  all  urban  consumers
for  all  items  as  published  by  the  United  States  bureau of labor
statistics for the region in which the housing accommodation is located,
as established for the most recent preceding calendar year as  shall  be
published by the division of housing and community renewal no later than
the  first  of  August  in any given year, provided further that for New
York city and any village, town, or city that adopts the  provisions  of
this  article  by  local  law pursuant to subdivision one of section two
hundred thirteen of this article in the counties  of  Dutchess,  Nassau,
Orange,  Putnam, Rockland, Suffolk, and Westchester, such consumer price
index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer  price
index,  and  provided  further that for any other village, town, or city
that adopts the provisions of this article  by  local  law  pursuant  to
subdivision  one  of  section two hundred thirteen of this article, such
consumer price index shall be the Northeast Region consumer price index.
8. The term "local rent standard" shall mean a rent increase equal  to
the inflation index or ten percent, whichever is lower.
* NB Repealed June 15, 2034