2023 New York Laws › LEH - Local Emergency Housing Rent Control Act 21/62

Chapter 21 of the laws of 1962
Section  1.  The  regulation  and  control  of  residential  rents and
evictions within cities having a population of one million  or  more  on
and after May first, nineteen hundred sixty-two shall be governed by the
provisions  of  this  section,  notwithstanding  the  provisions  of the
emergency housing rent control law:
1. Short title. This section shall be known and may be  cited  as  the
"local emergency housing rent control act".
2.  Legislative  finding.  The legislature hereby finds that a serious
public emergency continues to exist in the  housing  of  a  considerable
number  of  persons in the state of New York which emergency was created
by war, the effects of war and the aftermath of hostilities;  that  such
emergency  necessitated  the  intervention  of  federal, state and local
government in order to prevent  speculative,  unwarranted  and  abnormal
increases  in  rents; that there continues to exist an acute shortage of
dwellings; that unless residential rents and evictions  continue  to  be
regulated  and  controlled, disruptive practices and abnormal conditions
will produce serious threats to the public health,  safety  and  general
welfare;  that  to  prevent  such  perils to health, safety and welfare,
preventive action by the legislature continues to  be  imperative;  that
such  action  is  necessary  in  order  to  prevent exactions of unjust,
unreasonable and oppressive rents and rental agreements and to forestall
profiteering, speculation and  other  disruptive  practices  tending  to
produce  threats  to  the  public  health;  that  in  order  to  prevent
uncertainty, hardship and dislocation, the provisions  of  this  section
are  necessary  and  designed  to  protect the public health, safety and
general welfare, that the transition from regulation to a normal  market
of  free  bargaining  between  landlord  and  tenant,  while  still  the
objective of state policy, must be administered with due regard for such
emergency;  and  that  the  policy  herein  expressed  should   now   be
administered locally within cities having a population of one million or
more by an agency of the city itself.
* 3.   Local  determination  as  to  continuation  of  emergency.  The
continuation, after May thirty-first, nineteen hundred  sixty-seven,  of
the public emergency requiring the regulation and control of residential
rents  and evictions within cities having a population of one million or
more shall be a matter for local determination within  each  such  city.
Any  such  determination  shall be made by the local legislative body of
such city on or before April first, nineteen hundred sixty-seven and  at
least  once  in every third year thereafter following a survey which the
city shall cause to be made of  the  supply  of  housing  accommodations
within  such city, the condition of such accommodations and the need for
continuing the regulation and control of residential rents and evictions
within such city, provided, however, that when the date  by  which  such
determination  shall  be  made  falls  in  a  calendar  year immediately
following a calendar year during which a  federal  decennial  census  is
conducted,  such  date  shall  be  postponed  by one year, and provided,
further, that to ensure sufficient time to complete such survey  in  the
context  of  the COVID-19 pandemic, the date by which such determination
shall be made by the local legislative body in calendar year 2022  shall
be  postponed until July 1, 2022. Such survey shall be submitted to such
legislative body not less than thirty nor more than sixty days prior  to
the date of any such determination.
* NB Effective until December 31, 2023
* 3.   Local  determination  as  to  continuation  of  emergency.  The
continuation, after May thirty-first, nineteen hundred  sixty-seven,  of
the public emergency requiring the regulation and control of residential

rents  and evictions within cities having a population of one million or
more shall be a matter for local determination within  each  such  city.
Any  such  determination  shall be made by the local legislative body of
such  city on or before April first, nineteen hundred sixty-seven and at
least once in every third year thereafter following a survey  which  the
city  shall  cause  to  be  made of the supply of housing accommodations
within such city, the condition of such accommodations and the need  for
continuing the regulation and control of residential rents and evictions
within  such  city,  provided, however, that when the date by which such
determination shall  be  made  falls  in  a  calendar  year  immediately
following  a  calendar  year  during which a federal decennial census is
conducted, such date shall be postponed by one year. Such  survey  shall
be submitted to such legislative body not less than thirty nor more than
sixty days prior to the date of any such determination.
* NB Effective December 31, 2023
4.  Establishment  of  city  housing  rent  agency. On or before April
first, nineteen hundred sixty-two, the  mayor  of  each  city  having  a
population  of  one  million  or  more  shall  establish or designate an
official, bureau, board, commission or agency of such city (referred  to
in  this  section  as  the "city housing rent agency") to administer the
regulation and control of residential rents and  evictions  within  such
city  unless such city, acting through its local legislative body, shall
have enacted, prior to April first, nineteen hundred sixty-two, a  local
law   or  ordinance  pursuant  to  subdivision  five  of  this  section,
prescribing a different method of establishing  or  designating  a  city
housing rent agency and in such case such agency shall be established or
designated in accordance with said local law or ordinance.
5.  Authority  for  local rent control legislation. Each city having a
population of one million or more, acting through its local  legislative
body,  may  adopt  and  amend local laws or ordinances in respect of the
establishment or designation of a city  housing  rent  agency.  When  it
deems such action to be desirable or necessitated by local conditions in
order  to  carry  out the purposes of this section, such city, except as
hereinafter provided, acting through its local legislative body and  not
otherwise,  may  adopt  and amend local laws or ordinances in respect of
the regulation and control  of  residential  rents,  including  but  not
limited  to  provision  for  the establishment and adjustment of maximum
rents, the classification of housing accommodations, the  regulation  of
evictions,  and  the  enforcement  of such local laws or ordinances. The
validity of any  such  local  laws  or  ordinances,  and  the  rules  or
regulations  promulgated  in accordance therewith, shall not be affected
by and need not be consistent with  the  state  emergency  housing  rent
control  law  or  with  rules  and  regulations of the state division of
housing and community renewal.
Notwithstanding any local law  or  ordinance,  housing  accommodations
which became vacant on or after July first, nineteen hundred seventy-one
or  which  hereafter become vacant shall be subject to the provisions of
the emergency tenant protection act of nineteen seventy-four,  provided,
however,  that  this  provision shall not apply or become effective with
respect to housing accommodations which, by local law or ordinance,  are
made  directly  subject to regulation and control by a city housing rent
agency  and  such  agency  determines  or   finds   that   the   housing
accommodations  became  vacant because the landlord or any person acting
on his behalf, with intent to cause the tenant to vacate, engaged in any
course of  conduct  (including  but  not  limited  to,  interruption  or
discontinuance of essential services) which interfered with or disturbed
or  was intended to interfere with or disturb the comfort, repose, peace
or quiet  of  the  tenant  in  his  use  or  occupancy  of  the  housing

accommodations. The removal of any housing accommodation from regulation
and  control  of rents pursuant to the vacancy exemption provided for in
this paragraph shall not constitute or  operate  as  a  ground  for  the
subjection  to  more  stringent  regulation  and  control of any housing
accommodation in such property or in any other  property  owned  by  the
same  landlord,  notwithstanding  any prior agreement to the contrary by
the landlord. The vacancy exemption provided for in this paragraph shall
not arise with respect to any rented plot or parcel  of  land  otherwise
subject  to the provisions of this act, by reason of a transfer of title
and possession occurring  on  or  after  July  first,  nineteen  hundred
seventy-one  of  a  dwelling located on such plot or parcel and owned by
the tenant where such transfer of title and  possession  is  made  to  a
member  of the tenant's immediate family provided that the member of the
tenant's immediate family occupies the dwelling with the tenant prior to
the transfer of title and possession for  a  continuous  period  of  two
years.
The  term  "immediate  family"  shall  include  a  husband, wife, son,
daughter,  stepson,  stepdaughter,  father,  mother,  father-in-law   or
mother-in-law.
Notwithstanding  the  foregoing,  no  local  law  or  ordinance  shall
hereafter provide for the regulation and control  of  residential  rents
and  eviction  in  respect  of  any housing accommodations which are (1)
presently exempt from such  regulation  and  control  or  (2)  hereafter
decontrolled  either  by  operation  of  law  or  by a city housing rent
agency, by order  or  otherwise.  No  housing  accommodations  presently
subject  to  regulation and control pursuant to local laws or ordinances
adopted or amended under authority of this subdivision  shall  hereafter
be by local law or ordinance or by rule or regulation which has not been
theretofore  approved by the state commissioner of housing and community
renewal  subjected  to  more  stringent  or  restrictive  provisions  of
regulation and control than those presently in effect.
Notwithstanding any other provision of law, on and after the effective
date  of  this  paragraph,  a city having a population of one million or
more shall not, either through its local legislative body or  otherwise,
adopt  or  amend local laws or ordinances with respect to the regulation
and control of residential rents and eviction, including but not limited
to  provision  for  the  establishment  and  adjustment  of  rents,  the
classification  of  housing accommodations, the regulation of evictions,
and the enforcement of such local laws or ordinances, or otherwise adopt
laws or ordinances pursuant to the provisions of this act, the emergency
tenant protection act of nineteen seventy-four, the New York  city  rent
and  rehabilitation  law  or  the  New York city rent stabilization law,
except to the extent that such city for the  purpose  of  reviewing  the
continued  need  for  the existing regulation and control of residential
rents or to remove a classification of housing accommodation  from  such
regulation  and  control  adopts  or  amends  local  laws  or ordinances
pursuant to subdivision three of section one of this act, section  three
of the emergency tenant protection act of nineteen seventy-four, section
26-415  of  the  New York city rent and rehabilitation law, and sections
26-502 and 26-520 of  the  New  York  city  rent  stabilization  law  of
nineteen hundred sixty-nine.
Notwithstanding the foregoing, no local law or ordinance shall subject
to  such  regulation  and control any housing accommodation which is not
occupied by the tenant in possession as his or  her  primary  residence;
provided,  however,  that such housing accommodation not occupied by the
tenant in possession as his or her primary residence shall  continue  to
be  subject  to regulation and control as provided for herein unless the
city  housing  rent  agency   issues   an   order   decontrolling   such

accommodation,  which  the  agency  shall  do  upon  application  by the
landlord whenever it is  established  by  any  facts  and  circumstances
which,  in  the  judgment  of  the  agency,  may have a bearing upon the
question  of  residence,  that  the  tenant maintains his or her primary
residence at some place other than at such  housing  accommodation.  For
the  purposes of determining primary residency, a tenant who is a victim
of domestic violence, as defined in section four hundred fifty-nine-a of
the social services law, who has left the unit because of such violence,
and who asserts an intent to return to the housing  accommodation  shall
be deemed to be occupying the unit as his or her primary residence.
6.  Succession  of  city agency to state rent control functions within
city. All the functions and powers possessed by and all the  obligations
and  duties of the temporary state housing rent commission and the state
rent administrator under the provisions of the state  emergency  housing
rent  control  law  and  the  rules  and  regulations  of the commission
thereunder, insofar as they relate to  the  regulation  and  control  of
residential rents and evictions within a city having a population of one
million or more, shall be transferred to the city housing rent agency of
such  city  on  May  first,  nineteen  hundred sixty-two, subject to the
provisions of any local laws, ordinances, rules or  regulations  adopted
pursuant to this subdivision or subdivision five of this section. On and
after  such  date, and until the adoption of a local law or ordinance in
respect of the regulation and control of residential rents  within  such
city  pursuant  to  subdivision  five of this section, such city housing
rent agency is hereby authorized and empowered, from time  to  time,  to
adopt,  promulgate, amend or rescind rules, regulations and orders under
the state emergency housing rent control law and the  validity  of  such
rules,  regulations  and orders shall not be affected by and need not be
consistent with the rules, regulations and orders of the temporary state
housing  rent   commission   under   such   law.   All   acts,   orders,
determinations,  decisions, rules and regulations of the temporary state
housing rent commission  relating  to  the  regulation  and  control  of
residential  rents  and  eviction within such city which are in force at
the time of such transfer shall continue in force and  effect  as  acts,
orders,  determinations,  decisions,  rules and regulations of such city
housing  rent  agency  until  duly  modified,  superseded  or  abrogated
pursuant to such local laws, ordinances, rules or regulations.
7.  Investigations. The city housing rent agency is authorized to make
such studies and investigations, to conduct such hearings, and to obtain
such information as it deems necessary  or  proper  in  prescribing  any
regulation  or  order  under a local law adopted pursuant to subdivision
five of this section or in administering and enforcing  such  local  law
and the regulations and orders thereunder or the state emergency housing
rent control law and the regulations and orders thereunder.
The  city  housing rent agency is further authorized, by regulation or
order, to require any person who rents or offers for  rent  or  acts  as
broker  or agent for the rental of any housing accommodations to furnish
any such information under oath or affirmation, or  otherwise,  to  make
and  keep records and other documents, and to make reports, and the city
housing rent agency may require any such person to permit the inspection
and copying of records and other documents and the inspection of housing
accommodations. Any officer or agent designated by the city housing rent
agency for such purposes may administer oaths and affirmations and  may,
whenever  necessary,  by subpoena, require any such person to appear and
testify or to appear and produce documents, or both, at  any  designated
place.
For  the  purpose of obtaining any information under this subdivision,
the city housing rent agency may by subpoena require any other person to

appear and testify or to appear and produce documents, or both,  at  any
designated place.
The  production  of  a  person's documents at any place other than his
place of business shall not be required under this  subdivision  in  any
case in which, prior to the return date specified in the subpoena issued
with  respect thereto, such person either has furnished the city housing
rent agency with a copy of such documents certified by such person under
oath to be a true and correct copy, or has entered  into  a  stipulation
with  the  city  housing  rent agency as to the information contained in
such documents.
In case of contumacy by, or refusal to obey a  subpoena  served  upon,
any  person referred to in this subdivision, the supreme court in or for
any judicial district in which  such  person  is  found  or  resides  or
transacts  business,  upon  application by the city housing rent agency,
shall have jurisdiction to issue  an  order  requiring  such  person  to
appear  and  give testimony or to appear and produce documents, or both;
and any failure to obey such order of the court may be punished by  such
court  as  a contempt thereof. The provisions of this paragraph shall be
in addition to the provisions of paragraph (a) of  subdivision  nine  of
this section.
Witnesses  subpoenaed  under  this  subdivision shall be paid the same
fees and mileage as are paid witnesses under article eighty of the civil
practice law and rules.
Upon any such investigation or hearing, the city housing rent  agency,
or an officer duly designated by the city housing rent agency to conduct
such  investigation  or  hearing, may confer immunity in accordance with
the provisions of section 50.20 of the criminal procedure law.
The city housing  rent  agency  shall  not  publish  or  disclose  any
information  obtained  under  this  section  that  the city housing rent
agency deems confidential or with  reference  to  which  a  request  for
confidential   treatment   is   made   by  the  person  furnishing  such
information, unless the city housing rent  agency  determines  that  the
withholding thereof is contrary to the public interest.
Any  person subpoenaed under this section shall have the right to make
a record of his testimony and to be represented by counsel.
8.  Judicial  review.  Any  person  who  is  aggrieved  by  the  final
determination  of  the  city  housing  rent  agency in an administrative
proceeding protesting a regulation or  order  of  such  agency  may,  in
accordance  with  article  seventy-eight  of  the civil practice law and
rules, within sixty days after such determination, file a petition  with
the  supreme  court  specifying  his  objections  and  praying  that the
regulation or order protested be enjoined or set aside in  whole  or  in
part.  Such proceeding may at the option of the petitioner be instituted
in the county where the city  housing  rent  agency  has  its  principal
office  or  where the property is located. A copy of such petition shall
forthwith be served on the  city  housing  rent  agency,  and  the  city
housing  rent  agency  shall  file  with  such  court  the original or a
transcript of such portions of the proceedings in  connection  with  the
determination  as  are  material  under  the petition. Such return shall
include a statement setting forth, so far as practicable,  the  economic
data  and  other  facts  of which the city housing rent agency has taken
official notice. Upon the filing of such petition the court  shall  have
jurisdiction to set aside the regulation or order protested, in whole or
in part, to dismiss the petition, or to remit the proceeding to the city
housing rent agency; provided, however, that the regulation or order may
be  modified  or  rescinded  by the city housing rent agency at any time
notwithstanding the pendency of such proceeding for review. No objection
to such regulation or order, and no evidence in support of any objection

thereto, shall be considered by the court, unless such  objection  shall
have been presented to the city housing rent agency by the petitioner in
the  proceedings  resulting in the determination or unless such evidence
shall be contained in the return. If application is made to the court by
either party for leave to introduce additional evidence which was either
offered  and  not  admitted,  or  which  could  not reasonably have been
offered or included in such proceedings before  the  city  housing  rent
agency,  and the court determines that such evidence should be admitted,
the court shall order the evidence to be presented to the  city  housing
rent  agency.  The  city  housing rent agency shall promptly receive the
same, and such other evidence as the  city  housing  rent  agency  deems
necessary  or  proper,  and thereupon the city housing rent agency shall
file with the court  the  original  or  a  transcript  thereof  and  any
modification  made  in  such  regulation  or  order as a result thereof;
except that on request  by  the  city  housing  rent  agency,  any  such
evidence   shall   be  presented  directly  to  the  court.  Upon  final
determination of the proceeding before the court, the  original  record,
if  filed  by  the  city  housing  rent  agency with the court, shall be
returned to the city housing rent agency.
No regulation or order of  the  city  housing  rent  agency  shall  be
enjoined  or set aside, in whole or in part, unless the petitioner shall
establish to the satisfaction of the court that the regulation or  order
is  not  in  accordance  with  law,  or  is arbitrary or capricious. The
effectiveness of an order of the court enjoining or  setting  aside,  in
whole  or in part, any such regulation or order shall be postponed until
the expiration of thirty days from the entry thereof.  The  jurisdiction
of  the  supreme  court  shall be exclusive and its order dismissing the
petition or enjoining or setting aside  such  regulation  or  order,  in
whole  or  in  part,  shall be final, subject to review by the appellate
division of the supreme court and the  court  of  appeals  in  the  same
manner  and  form  and  with  the  same  effect as provided in the civil
practice act for appeals from a final order  in  a  special  proceeding.
Notwithstanding  any  provision  of section thirteen hundred four of the
civil practice act to the contrary, any order of the court remitting the
proceeding to the city housing rent agency may, at the election  of  the
city housing rent agency, be subject to review by the appellate division
of  the  supreme  court  and the court of appeals in the same manner and
form and with the same effect as provided in the civil practice act  for
appeals from a final order in a special proceeding. All such proceedings
shall be heard and determined by the court and by any appellate court as
expeditiously as possible and with lawful precedence over other matters.
All  such  proceedings  for  review  shall  be  heard  on  the petition,
transcript and other papers, and on appeal shall be heard on the record,
without requirement of printing.
Within thirty days after arraignment, or such additional time  as  the
court  may  allow  for good cause shown, in any criminal proceeding, and
within five days after judgment in any  civil  or  criminal  proceeding,
brought  pursuant  to  subdivision ten of this section involving alleged
violation of any provision of  any  regulation  or  order  of  the  city
housing  rent  agency, the defendant may apply to the court in which the
proceeding is pending for leave to file in the supreme court a  petition
setting  forth  objections  to  the  validity of any provision which the
defendant is alleged to have violated or conspired to violate. The court
in which the proceeding is pending shall grant such leave  with  respect
to  any  objection which it finds is made in good faith and with respect
to which it finds there is reasonable and  substantial  excuse  for  the
defendant's  failure  to  present  such  objection  in an administrative
proceeding before the city housing rent agency. Upon  the  filing  of  a

petition  pursuant  to  and within thirty days from the granting of such
leave, the supreme court shall have jurisdiction to enjoin or set  aside
in  whole or in part the provision of the regulation or order complained
of  or to dismiss the petition. The court may authorize the introduction
of evidence, either to the city housing rent agency or directly  to  the
court,  in  accordance with the first paragraph of this subdivision. The
provisions  of  the  second  paragraph  of  this  subdivision  shall  be
applicable with respect to any proceedings instituted in accordance with
this paragraph.
In  any proceeding brought pursuant to subdivision ten of this section
involving an alleged violation of any provision of any  such  regulation
or order, the court shall stay the proceeding:
(1)  during  the  period  within  which a petition may be filed in the
supreme court pursuant to leave granted under  the  third  paragraph  of
this subdivision with respect to such provision;
(2)  during  the  pendency of any administrative proceeding before the
city housing rent agency properly commenced by the  defendant  prior  to
the institution of the proceeding under subdivision ten of this section,
setting  forth  objections  to  the validity of such provision which the
court finds to have been made in good faith; and
(3) during the pendency of any judicial proceeding instituted  by  the
defendant  under  this  subdivision  with respect to such administrative
proceeding or instituted by the defendant under the third  paragraph  of
this   subdivision  with  respect  to  such  provision,  and  until  the
expiration of the time allowed in this subdivision  for  the  taking  of
further proceedings with respect thereto.
Notwithstanding the provisions of the immediately preceding paragraph,
stays  shall  be  granted  thereunder  in  civil  proceedings only after
judgment and upon application made  within  five  days  after  judgment.
Notwithstanding   the   provisions   of  the  third  paragraph  of  this
subdivision, in the case of a proceeding under the  first  paragraph  of
subdivision  ten  of  this  section  the court granting a stay under the
immediately preceding  paragraph  of  this  subdivision  shall  issue  a
temporary  injunction  or  restraining  order  enjoining or restraining,
during the period of the  stay,  violations  by  the  defendant  of  any
provision  of the regulation or order involved in the proceeding. If any
provision of a regulation or  order  is  determined  to  be  invalid  by
judgment  of  the supreme court which has become effective in accordance
with the second paragraph of this subdivision, any proceeding pending in
any court shall be  dismissed,  and  any  judgment  in  such  proceeding
vacated,  to  the  extent that such proceeding or judgment is based upon
violation of such provision. Except as provided in this  paragraph,  the
pendency  of  any administrative proceeding before the city housing rent
agency or judicial  proceeding  under  this  subdivision  shall  not  be
grounds  for  staying any proceeding brought pursuant to subdivision ten
of this section; nor, except as provided in this  paragraph,  shall  any
retroactive effect be given to any judgment setting aside a provision of
a regulation or order.
The  method  prescribed herein for the judicial review of a regulation
or order of the city housing rent agency shall be exclusive.
9. Prohibitions. (a) It shall be unlawful, regardless of any contract,
lease or other obligation heretofore or hereafter entered into, for  any
person  to  demand or receive any rent for any housing accommodations in
excess of the maximum rent established therefor by the  temporary  state
housing  rent commission or the city housing rent agency or otherwise to
do or omit to do any act, in  violation  of  any  regulation,  order  or
requirement of the city housing rent agency hereunder or under any local

law  adopted  pursuant  to subdivision five of this section or to offer,
solicit, attempt or agree to do any of the foregoing.
(b) It shall be unlawful for any person to remove or attempt to remove
from  any  housing  accommodations  the tenant or occupant thereof or to
refuse  to  renew  the  lease  or  agreement  for  the   use   of   such
accommodations,  because  such tenant or occupant has taken, or proposes
to take, action authorized or required by the  state  emergency  housing
rent  control  law or any local law adopted pursuant to subdivision five
of this section or any regulation, order or requirement thereunder.
(c) It shall be unlawful for any  officer  or  employee  of  the  city
housing  rent  agency  or  for any official adviser or consultant to the
city housing rent agency to disclose, otherwise than in  the  course  of
official  duty,  any  information obtained under this section, or to use
any such information for personal benefit.
(d) It shall be unlawful for any landlord or any person acting on  his
behalf,  with  intent  to  cause  the tenant to vacate, to engage in any
course of conduct  (including,  but  not  limited  to,  interruption  or
discontinuance  of essential services) which interferes with or disturbs
or is intended to interfere with or disturb the comfort,  repose,  peace
or  quiet  of  the  tenant  in  his  use  or  occupancy  of  the housing
accommodations.
10. Enforcement. (a) Whenever in the judgment of the city housing rent
agency any person has engaged or is about  to  engage  in  any  acts  or
practices  which  constitute  or  will  constitute  a  violation  of any
provision of subdivision nine of this section,  the  city  housing  rent
agency  may make application to the supreme court for an order enjoining
such acts or practices, or for an order enforcing compliance  with  such
provision,  or  for  an  order  directing  the  landlord  to correct the
violation, and upon a showing by the city housing rent agency that  such
person has engaged or is about to engage in any such acts or practices a
permanent  or  temporary  injunction,  restraining order, or other order
shall be granted without bond. Jurisdiction shall not be deemed  lacking
in  the  supreme  court because the defense is based upon an order of an
inferior court.
(b) Any person who wilfully violates any provision of subdivision nine
of this section, and any person who makes any statement or  entry  false
in any material respect in any document or report required to be kept or
filed  under  any local law adopted pursuant to subdivision five of this
section or any regulation, order, or  requirement  thereunder,  and  any
person  who wilfully omits or neglects to make any material statement or
entry required to be made in any such document or  report,  shall,  upon
conviction  thereof, be subject to a fine of not more than five thousand
dollars, or to imprisonment for not more than two years in the case of a
violation of paragraph (c) of subdivision nine of this section  and  for
not  more  than  one  year  in all other cases, or to both such fine and
imprisonment. Whenever the  city  housing  rent  agency  has  reason  to
believe  that  any  person is liable to punishment under this paragraph,
the city housing rent agency may  certify  the  facts  to  the  district
attorney of any county having jurisdiction of the alleged violation, who
shall cause appropriate proceedings to be brought.
(c) Any court shall advance on the docket and expedite the disposition
of  any  criminal  or  other  proceedings  brought  before it under this
subdivision.
(d) No officer or employee of the city housing rent  agency  shall  be
held liable for damages or penalties in any court, on any grounds for or
in respect of anything done or omitted to be done in good faith pursuant
to  any provision of the state emergency housing rent control law or any
local law adopted pursuant to subdivision five of this  section  or  any

regulation,  order,  or  requirement  thereunder,  notwithstanding  that
subsequently such provision, regulation, order, or  requirement  may  be
modified,  rescinded,  or  determined  to  be  invalid. In any action or
proceeding  wherein  a  party  relies for ground of relief or defense or
raises issue or brings into question the  construction  or  validity  of
such  local law or any regulation, order, or requirement thereunder, the
court having jurisdiction of such action or proceeding may at any  stage
certify such fact to the city housing rent agency. The city housing rent
agency may intervene in any such action or proceeding.
(e)  If  any  landlord  who  receives  rent  from  a tenant violates a
regulation or order of the temporary state housing  rent  commission  or
the  city  housing rent agency prescribing the maximum rent with respect
to the housing accommodations for which such rent is received from  such
tenant,  the tenant paying such rent may, within two years from the date
of the occurrence of the  violation,  except  as  hereinafter  provided,
bring  an  action  against  the landlord on account of the overcharge as
hereinafter defined. In such action, the landlord shall  be  liable  for
reasonable  attorney's  fees  and costs as determined by the court, plus
whichever of the following sums is the greater: (a) such amount not more
than three times the amount of the overcharge, or the overcharges,  upon
which  the action is based as the court in its discretion may determine,
or (b) an amount not less than twenty-five dollars nor more  than  fifty
dollars,  as  the  court  in  its  discretion  may  determine; provided,
however, that such amount shall be  the  amount  of  the  overcharge  or
overcharges  or  twenty-five  dollars,  whichever  is  greater,  if  the
defendant proves that the  violation  of  the  regulation  or  order  in
question   was  neither  wilful  nor  the  result  of  failure  to  take
practicable precautions against the occurrence of the violation. As used
in this section, the word "overcharge" shall mean the  amount  by  which
the  consideration paid by a tenant to a landlord exceeds the applicable
maximum rent. If any landlord who receives rent from a tenant violates a
regulation or order of the temporary state housing  rent  commission  or
the  city  housing  rent agency prescribing maximum rent with respect to
the housing accommodations for which such rent  is  received  from  such
tenant,  and  such tenant either fails to institute an action under this
paragraph within thirty days from the date  of  the  occurrence  of  the
violation  or  is  not  entitled for any reason to bring the action, the
city housing rent agency may institute an action  within  such  two-year
period.  If  such  action is instituted by the city housing rent agency,
the tenant affected shall thereafter be barred from bringing  an  action
for the same violation or violations. Any action under this paragraph by
either  the  tenant or the city housing rent agency, as the case may be,
may be brought in any court of competent jurisdiction. A judgment in  an
action for damages under this subdivision shall be a bar to the recovery
under this paragraph of any damages in any other action against the same
landlord  on  account of the same overcharge prior to the institution of
the action in which  such  judgment  was  rendered.  Where  judgment  is
rendered  in favor of the city housing rent agency in such action, there
shall be paid over to the tenant from the moneys recovered one-third  of
such recovery, exclusive of costs and disbursements.
(f) If any landlord who receives rent from a tenant violates any order
of  the  city  housing  rent  agency  containing  a  directive that rent
collected by the landlord in excess of the maximum rent be  refunded  to
the  tenant within thirty days, the city housing rent agency may, within
one year after the expiration of such thirty day period  or  after  such
order  shall become final by regulation of the city housing rent agency,
bring an action against the landlord on account of the  failure  of  the
landlord  to  make  the  prescribed refund. In such action, the landlord

shall be liable for reasonable attorney's fees and costs  as  determined
by  the  court, plus whichever of the following sums is the greater: (a)
such amount not  more  than  three  times  the  amount  directed  to  be
refunded,  or  the amount directed to be refunded, upon which the action
is based as the court in its discretion may determine, or (b) an  amount
not  less  than  twenty-five dollars nor more than fifty dollars, as the
court in its discretion may  determine;  provided,  however,  that  such
amount  shall  be  the  amount  directed  to  be refunded or twenty-five
dollars,  whichever  is  greater,  if  the  defendant  proves  that  the
violation  of the order in question was neither wilful nor the result of
failure to take practical precautions  against  the  occurrence  of  the
violation.  The  tenant  paying  such  rent may also institute an action
under this section if the city housing rent agency fails to institute an
action within thirty days from the date of occurrence of the  violation.
If  an  action is instituted by the city housing rent agency, the tenant
affected shall thereafter be barred from bringing an action for the same
violation. Any action under this section by either the city housing rent
agency or the tenant, as the case may be, may be brought in any court of
competent jurisdiction. A judgment in an action for damages  under  this
section shall be a bar to recovery under this subdivision of any damages
in  any  other  action  against the same landlord on account of the same
violation prior to the institution of the action in which such  judgment
was rendered. Where an action is brought by the tenant the damages which
shall  be  awarded to the tenant shall be the same as if such action was
brought by the city housing rent agency. Where judgment is  rendered  in
favor  of  the  city  housing rent agency in such action, there shall be
paid over to the tenant from the  moneys  recovered  one-third  of  such
recovery, exclusive of the costs and disbursements.
(g) Where after the city housing rent agency has granted a certificate
of  eviction  certifying  that  the  landlord  may  pursue  his remedies
pursuant to local law to acquire possession, and  a  tenant  voluntarily
removes  from  a  housing accommodation or has been removed therefrom by
action or proceeding to evict from or recover possession  of  a  housing
accommodation  upon  the ground that the landlord seeks in good faith to
recover possession of such accommodation for any purpose specified in  a
local  law adopted pursuant to subdivision five of this section and such
landlord shall lease or sell the  housing  accommodation  or  the  space
previously  occupied  thereby, or permit use thereof in any manner other
than contemplated in such eviction  certificate,  such  landlord  shall,
unless for good cause shown, be liable to the tenant for three times the
damages  sustained on account of such removal plus reasonable attorney's
fees and costs as determined by the court;  in  addition  to  any  other
damage,  the  cost  of  removal of property shall be a lawful measure of
damage.
(h) Any tenant who has vacated his housing accommodations because  the
landlord  or  any  person acting on his behalf, with intent to cause the
tenant to vacate, engaged in any course of conduct  (including  but  not
limited  to, interruption or discontinuance of essential services) which
interfered with or disturbed  or  was  intended  to  interfere  with  or
disturb  the comfort, repose, peace or quiet of the tenant in his use or
occupancy of the housing accommodations may, within  ninety  days  after
vacating, apply for a determination that the housing accommodations were
vacated as a result of such conduct, and may, within one year after such
determination,  institute  a civil action against the landlord by reason
of such conduct. Application for such determination may be made  to  the
city  housing  rent agency with respect to housing accommodations which,
by local law or ordinance, are made directly subject to  regulation  and
control  by  such agency. For all other housing accommodadations subject

to  regulation  and  control  pursuant  to  the  New  York   city   rent
stabilization  law  of nineteen hundred sixty-nine, application for such
determination may be made to the New York city conciliation and  appeals
board.  For the purpose of making and enforcing any determination of the
New York city conciliation and appeals board  as  herein  provided,  the
provisions  of sections seven, eight and ten, whenever they refer to the
city housing rent agency, shall be deemed to refer  to  such  board.  In
such  action  the landlord shall be liable to the tenant for three times
the damages  sustained  on  account  of  such  conduct  plus  reasonable
attorney's fees and costs as determined by the court. In addition to any
other  damages the cost of removal of property shall be a lawful measure
of damages.
(h) Any tenant who has vacated his housing accommodations because  the
landlord  or  any  person acting on his behalf, with intent to cause the
tenant to vacate, engaged in any course of conduct  (including  but  not
limited  to, interruption or discontinuance of essential services) which
interfered with or disturbed  or  was  intended  to  interfere  with  or
disturb  the comfort, repose, peace or quiet of the tenant in his use or
occupancy of the housing accommodations may, within  ninety  days  after
vacating, apply for a determination that the housing accommodations were
vacated as a result of such conduct, and may, within one year after such
determination,  institute  a civil action against the landlord by reason
of such conduct. Application for such determination may be made  to  the
city  housing  rent agency with respect to housing accommodations which,
by local law or ordinance, are made directly subject to  regulation  and
control  by such agency. For all other housing accommodations subject to
regulation and control by local law or ordinance, application  for  such
determination may be made to the state division of housing and community
renewal.  For  the  purpose of making and enforcing any determination of
the state division, as  herein  provided,  the  provisions  of  sections
seven,  eight  and  ten,  whenever  they  refer to the city housing rent
agency, shall be deemed to refer to the state division. In  such  action
the  landlord  shall be liable to the tenant for three times the damages
sustained on account of such conduct plus reasonable attorney's fees and
costs as determined by the court. In addition to any other  damages  the
cost of removal of property shall be a lawful measure of damages.
11.  Transfer  of  certain  pending  matters.  Except  as  provided in
subdivision  thirteen  of  this  section,   any   matter,   application,
proceeding  or protest undertaken, filed or commenced by, with or before
the  temporary  state  housing  rent  commission  or  the   state   rent
administrator  relating  to  the  regulation  and control or residential
rents and evictions within a city having a population of one million  or
more  and  pending  on  May  first, nineteen hundred sixty-two, shall be
transferred to, conducted by, and completed or determined  by  the  city
housing  rent  agency.  In  discharging  such  responsibilities the city
housing rent agency shall act in conformity with the provisions  of  the
state  emergency housing rent control law, and the rules and regulations
promulgated  thereunder,  governing  such   matters,   applications   or
proceedings,  unless  at  the time such action is taken, such state law,
and the rules and regulations promulgated thereunder, have been  amended
or  superseded  by  local laws, ordinances, rules or regulations adopted
pursuant to subdivision five of this section,  and  in  such  event,  in
conformity  therewith to the extent such local law, ordinances, rules or
regulations are made expressly applicable to such matters,  applications
or proceedings.
12.  Termination  of  state  regulation  and control. On and after May
first, nineteen hundred sixty-two,  the  temporary  state  housing  rent
commission  and  the state rent administrator shall have no jurisdiction

over the regulation and  control  of  residential  rents  and  evictions
within any city having a population of one million or more.
13.  Pending court proceedings. All appeals or other court proceedings
relating  to  the  regulation  and  control  of  residential  rents  and
evictions  in a city having a population of one million or more to which
the  temporary  state  housing  rent  commission  or  the   state   rent
administrator  is  a  party  and which is pending on May first, nineteen
hundred sixty-two  or  thereafter  prosecuted  shall  be  prosecuted  or
defended  by  the  temporary state housing rent commission and the state
rent administrator pursuant to the state emergency housing rent  control
law  to  a  final  determination  or  other  disposition by the court in
accordance with law.  If  the  court  remits  any  such  matter  to  the
temporary  state  housing  rent  commission, the commission may transfer
such matter to the city housing rent agency for disposition pursuant  to
subdivision eleven of this section.
14. Civil service. Upon the transfer of the functions of the temporary
state  housing  rent commission to the city housing rent agency pursuant
to subdivision six of this section, the officers, and employees of  such
commission,  other  than those certified for retention by the state rent
administrator to the state department of civil service  prior  to  April
first,  nineteen  hundred  sixty-two,  as  required  for  the  continued
operations of such commission, shall be transferred  as  of  May  first,
nineteen  hundred  sixty-two,  to  the  city housing rent agency for the
continued performance of their functions. Such  officers  and  employees
shall  be transferred to similar or corresponding positions in such city
housing rent agency, without further examination or  qualification,  and
shall    retain    their   respective   civil   service   jurisdictional
classifications and status. If the city housing rent  agency  determines
that  it  will  not accept for transfer all such officers and employees,
the city housing rent agency shall certify to the  state  department  of
civil  service  those officers and employees whom it will not accept for
transfer and in such event, the determination of those to be transferred
shall be made by selection of the city housing rent  agency  from  among
officers  and  employees  holding  permanent appointments in competitive
class positions in the order  of  their  respective  dates  of  original
appointments  in  the service of the state, with due regard to the right
of preference in retention of disabled  and  non-disabled  veterans  and
blind persons.
Notwithstanding  the  provisions of any general, special or local law,
code or charter requiring officers and employees  of  a  city  having  a
population  of  one  million or more to be residents of such city at the
time of their entry into city service or during the continuance of  such
service,  officers  and  employees  of  the temporary state housing rent
commission shall be transferred to and shall be  retained  by  the  city
housing rent agency pursuant to this subdivision without regard to local
residence.
Officers  and  employees holding permanent appointments in competitive
class  positions,  other  than  those  certified  by  the   state   rent
administrator  for  retention  in  the service of the state, who are not
accepted for transfer by the city housing rent agency or who request  to
be  excepted  from  such  transfer  shall have their names entered on an
appropriate preferred list for reinstatement  to  the  same  or  similar
positions in the service of the state.
Officers  and  employees  transferred  to the city housing rent agency
pursuant to this subdivision shall be entitled to full seniority  credit
for all purposes, including the determination of their city salaries and
increments,  for  service in the state government rendered prior to such
transfer,  as  though  such  service  had  been  service  in  the   city

government. Such transferees shall retain their earned unused sick leave
and  vacation  credits,  but  not  in  excess  of  maximum accumulations
permitted under such municipal rules as may be applicable.
Officers  and employees transferred pursuant to this subdivision shall
thereafter be subject to the rules and  jurisdiction  of  the  municipal
civil  service commission having jurisdiction over the city housing rent
agency to which such transfer is made. The  state  department  of  civil
service shall transfer to such municipal civil service commission on May
first,  nineteen  hundred  sixty-two,  or  as  soon thereafter as may be
practicable, all eligible lists, records, documents and files pertaining
to the officers and employees so transferred  and  to  their  positions.
Examinations   for   positions  in  the  temporary  state  housing  rent
commission  which  are  in  process  on  May  first,  nineteen   hundred
sixty-two,  shall be completed by the state civil service commission and
eligible lists established. Such  lists  shall  be  included  among  the
eligible  lists  transferred  to the municipal civil service commission.
Any such eligible list shall continue to be used by such municipal civil
service commission and shall be certified by it in accordance  with  the
provisions  of  its  rules  and  regulations  for  filling  vacancies in
appropriate positions in the city housing  rent  agency  exercising  the
functions  transferred pursuant to this section; provided, however, that
such certifications from promotion eligible lists shall  be  limited  to
eligibles  transferred to such city housing rent agency pursuant to this
subdivision. Promotions in the temporary state housing  rent  commission
shall  be  made  from  among  eligibles on appropriate lists who are not
transferred to the city housing rent agency.  All  other  matters  which
relate  to  the  administration of the civil service law with respect to
the officers and employees transferred pursuant to this subdivision, and
with respect to their positions, and which at the time of such  transfer
are  pending  before  the state department of civil service or the state
civil service commission, shall be transferred to such  municipal  civil
service  commission, and any action theretofore taken on such matters by
such state department or commission shall have the same force and effect
as if taken by such municipal civil service commission.
15. Intergovernmental cooperation. The temporary  state  housing  rent
commission  and  the  state  rent administrator shall cooperate with the
city housing rent agency in effectuating the purposes of  this  act  and
shall  make  available to the city housing rent agency such cooperation,
information, records and data as  will  assist  the  city  housing  rent
agency in effectuating such purposes.
Upon   the   request  of  the  city  housing  rent  agency,  all  such
information, records and data relating to the regulation and control  of
residential rents and evictions within such city shall be transferred to
the city housing rent agency on May first, nineteen hundred sixty-two or
as soon thereafter as may be practicable.
Subject  to  the  approval  of the state rent administrator, the state
commissioner of general services is hereby  authorized  to  sublease  or
otherwise  make available, in part or in whole, to the city housing rent
agency, upon such terms and conditions  as  the  said  commissioner  may
prescribe,  any premises leased to the state and occupied on or prior to
May first, nineteen hundred sixty-two by  the  temporary  state  housing
rent commission.
Notwithstanding the provisions of section one hundred seventy-eight of
the  state  finance  law,  the state commissioner of general services is
hereby authorized to sell, lease or otherwise make available to the city
housing rent  agency,  upon  such  terms  and  conditions  as  the  said
commissioner may prescribe and subject to the approval of the state rent
administrator,  any  or  all  personal  property used on or prior to May

first, nineteen hundred sixty-two by the temporary  state  housing  rent
commission.
16.  Saving  clause.  If  any local law or ordinance in respect of the
regulation and  control  of  residential  rents  and  evictions  adopted
pursuant  to  subdivision  five  of this section shall be held wholly or
partially invalid by final decree of a court of competent  jurisdiction,
the  city  housing  rent  agency  shall administer the provisions of the
state emergency housing rent control law  to  the  extent  of  any  such
invalidity.
17.  Separability.  If any subdivision, paragraph, sentence, clause or
provision of this section shall be held wholly or partially  invalid  by
final decree of a court of competent jurisdiction, to the extent that it
is  not  invalid, it shall be valid and no other subdivision, paragraph,
sentence, clause  or  provision  shall  on  account  thereof  be  deemed
invalid.
§  2. Promptly after the effective date of this act, the mayor of each
city having a population of one million or more shall  transmit  to  the
governor,  in  such  form  and detail as the governor may prescribe, his
request, if any, for an appropriation from the state treasury to  defray
the  reasonable and necessary expenses of such city for personal service
and for maintenance and operation  in  respect  of  the  regulation  and
control  of residential rents within such city pursuant to this act. Any
such request shall be in sufficient detail to justify the reasonableness
and necessity of the amount requested.
If a request is received from the mayor of any  such  city  after  the
final  adjournment of the regular session of the legislature in nineteen
hundred sixty-two, the state director of the  budget  is  authorized  to
transfer  to  such  city  from time to time a portion of any outstanding
appropriation made to the temporary state housing rent commission  after
filing  a  certificate  of such transfer with the state comptroller, the
chairman of the  senate  finance  committee  and  the  chairman  of  the
assembly  ways  and  means committee. Any amount so transferred shall be
paid from the general fund to the credit of the local assistance fund on
the audit and warrant of the state comptroller on vouchers requisitioned
by the mayor of such city or by an official of such city  designated  by
the mayor.
§  2-a.  Notwithstanding any other provision of law, during the period
April  first,  nineteen  hundred  seventy-two  to  March   thirty-first,
nineteen  hundred seventy-three, the city housing rent agency may assess
and collect fees or  charges  upon  landlords  pursuant  to  local  rent
control  laws  or regulations subject to such terms and conditions as it
may deem to be appropriate, provided, however, that such fees or charges
shall  not  exceed  three  dollars  per  housing  accommodation  in  the
aggregate.  In  addition,  no  such  fees  or  charges shall be assessed
against  any  owner  occupied  structure  with  eight  or  less  housing
accommodations.   To   the   extent  that  such  fees  and  charges  are
insufficient to provide  the  full  amount  required  for  services  and
expenses  necessary  to  the  operation of the rent control program, the
amount appropriated by the legislature, or so much  thereof  as  may  be
necessary,  shall be available for the payment of state aid. The officer
or officers designated by local law or regulation to assess and  collect
such  fees  or  charges  and  to  make  disbursements  therefrom,  shall
maintain, and provide at such times and in the manner and form as may be
prescribed by the comptroller and the director  of  the  budget  of  the
state  of  New  York,  a record and accounting of all funds received and
disbursed pursuant to this authorization.
§ 5. Any adjustments in maximum rents ordered by the  temporary  state
housing  rent  commission  on and after June thirtieth, nineteen hundred

sixty-one, and resulting in an increase thereof solely by reason of  the
amendments  made  by  chapter  three hundred thirty-seven of the laws of
nineteen hundred sixty-one to  paragraph  (a)  of  subdivision  four  of
section  four  of  the emergency housing rent control law which provided
for the application of the most recent equalization  rate,  rather  than
the  equalization  rate  for  the  year nineteen hundred fifty-four, are
hereby rescinded and nullified, provided,  however,  that  no  right  is
conferred  by  this  act  to recover any such increase paid prior to the
effective date of this act.
§  6.  Notwithstanding  any  provision  of   chapter   three   hundred
thirty-seven  of  the  laws of nineteen hundred sixty-one, maximum rents
established in any city having a  population  of  one  million  or  more
pursuant  to  the emergency housing rent control law, as last amended by
such chapter, shall not be  increased  during  the  period  between  the
effective  date  of  this act and May first, nineteen hundred sixty-two,
except with the voluntary written consent of the tenant affected.