2023 New York Laws › ERL - Emergency Housing Rent Control Law 274/46 337/61

Chapter 274 of the laws of 1946 and as amended generally by chapter 337
of the laws of 1961 Emergency housing rent control law
Section  1.  Declaration and findings; termination. 1. 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  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;
that  in  order  to  prevent  uncertainty, hardship and dislocation, the
provisions of this act are declared to  be  necessary  and  designed  to
protect the public health, safety and general welfare.
2.  The  provisions  of  this  act,  and  all  regulations, orders and
requirements  thereunder  shall  remain  in  full   force   and   effect
thereafter.
§ 2.  Definitions.  When  used in this act, unless a different meaning
clearly appears from the context, the following  terms  shall  mean  and
include:
1. "Commission". Prior to July first, nineteen hundred sixty-four, the
temporary  state  housing  rent  commission  created by this act. On and
after July first, nineteen hundred sixty-four, the division  of  housing
and community renewal in the executive department.
2.  "Housing  accommodation."  Any building or structure, permanent or
temporary, or any part thereof, occupied or intended to be  occupied  by
one  or  more individuals as a residence, home, sleeping place, boarding
house, lodging house or hotel, together  with  the  land  and  buildings
appurtenant   thereto,   and   all  services,  privileges,  furnishings,
furniture and facilities supplied  in  connection  with  the  occupation
thereof,  including  (a)  entire structures or premises as distinguished
from the individual housing accommodations  contained  therein,  wherein
twenty-five  or less rooms are rented or offered for rent by any lessee,
sublessee or other tenant of such entire structure or premises, and  (b)
housing  accommodations  which were previously exempt, or not subject to
control as a result of conversion or a change from a  non-housing  to  a
housing  use  and  which have subsequently been certified by a municipal
department having jurisdiction to be a fire hazard  or  in  a  continued
dangerous condition or detrimental to life or health but only so long as
such  illegal or hazardous condition continues and further certification
with  respect  thereto  shall  not  be  required   notwithstanding   any
inconsistent provision of this act, and any plot or parcel of land which
had  been  rented  prior  to  May first, nineteen hundred fifty, for the
purpose of permitting the tenant thereof to construct or place  his  own
dwelling thereon, unless exempt or excluded from control pursuant to any
other provision of this act, except that it shall not include structures
in  which all of the housing accommodations are exempt or not subject to
control under this act or any regulation issued thereunder; or
(a) a hospital, convent, monastery,  asylum,  public  institution,  or
college  or school dormitory or any institution operated exclusively for
charitable or educational purposes on a non-profit basis; or
(b)   notwithstanding   any   previous   order,  finding,  opinion  or
determination  of  the  commission,  housing   accommodations   in   any
establishment  which  on  March  first,  nineteen hundred fifty, was and
still is commonly regarded as a hotel in the community in  which  it  is
located  and  which  customarily  provides  hotel  services such as maid
service, furnishing and laundering of linen, telephone  and  secretarial
or  desk  service,  use and upkeep of furniture and fixtures and bellboy
service, provided, however, that the term hotel shall  not  include  any
establishment  which  is commonly regarded in the community as a rooming
house,  nor  shall  it  include  any  establishment  not  identified  or
classified  as  a  "hotel",  "transient  hotel"  or  "residential hotel"
pursuant to the federal act,  irrespective  whether  such  establishment
provides  either  some  services  customarily  provided by hotels, or is
represented to be a hotel, or both; and provided  further  that  housing
accommodations  in hotels only within the cities of Buffalo and New York
which have been and still are occupied by a tenant who  has  resided  in
such   hotel   continuously  since  December  second,  nineteen  hundred
forty-nine, so long as such tenant occupies the same, shall continue  to
remain subject to control under this act; or
(c)  any  motor  court,  or  any part thereof; any trailer, or trailer
space used exclusively for transient occupancy or any part  thereof;  or
any  tourist  home  serving  transient  guests  exclusively, or any part
thereof; or
(d) nonhousekeeping, furnished housing accommodations, located  within
a single dwelling unit not used as a rooming or boarding house, but only
if  (1) no more than two tenants for whom rent is paid (husband and wife
being considered one tenant  for  this  purpose),  not  members  of  the
landlord's  immediate  family  live  in  such dwelling unit, and (2) the
remaining portion of such dwelling unit is occupied by the  landlord  or
his immediate family; or
(e) housing accommodations operated by the United States, the state of
New  York,  or any political subdivision thereof, or by any municipal or
public authority, only so long as  they  are  so  operated;  or  housing
accommodations  in buildings in which rentals are fixed by or subject to
the supervision of the commissioner of  housing  and  community  renewal
pursuant  to  powers granted under laws other than the emergency housing
rent control law;
(f) housing  accommodations  in  buildings  operated  exclusively  for
charitable purposes on a non-profit basis; or
(g)  housing  accommodations which were completed on or after February
first, nineteen hundred forty-seven,  provided,  however,  that  maximum
rents  established under the veterans emergency housing act for priority
constructed housing accommodations completed on or after February first,
nineteen hundred forty-seven, shall continue in full force  and  effect,
if  such  accommodations are being rented to veterans of world war II or
their immediate families,  who,  on  June  thirtieth,  nineteen  hundred
forty-seven,  either occupied such housing accommodations or had a right
to occupy such housing accommodations at  any  time  on  or  after  July
first, nineteen hundred forty-seven, under any agreement whether written
or  oral;  or  which  are (1) housing accommodations created by a change
from a non-housing to a housing use on or after February first, nineteen
hundred forty-seven, or which are (2) additional housing accommodations,
other than rooming house accommodations, created  by  conversion  on  or
after  February  first, nineteen hundred forty-seven; provided, however,
that any housing accommodations created as a result of any conversion of

housing accommodations on or after May first,  nineteen  hundred  fifty,
shall  continue  to  be  subject  to rent control as provided for herein
unless the commission issues an order decontrolling them which it  shall
do   if  there  has  been  a  structural  change  involving  substantial
alterations or remodeling and such change  has  resulted  in  additional
housing  accommodations  consisting  of  self-contained  family units as
defined by regulations  issued  by  the  commission;  provided  further,
however, that such order of decontrol shall not apply to that portion of
the original housing accommodation occupied by a tenant in possession at
the  time of the conversion but only so long as that tenant continues in
occupancy; and provided further, that no such order of  decontrol  shall
be issued unless such conversion occurred after the entire structure, or
any  lesser portion thereof as may have been thus converted, was vacated
by voluntary surrender of  possession  or  in  the  manner  provided  in
section five of this act; or
(h)  housing  accommodations  which  are  rented  after  April  first,
nineteen hundred fifty-three, and have been continuously occupied by the
owner thereof for a period one  year  prior  to  the  date  of  renting;
provided,  however,  that this paragraph shall not apply where the owner
acquired possession of the housing accommodation after the issuance of a
certificate of eviction under subdivision two of section  five  of  this
act  within  the  two year period immediately preceding the date of such
renting,  and  provided  further,  that  this  exemption  shall   remain
effective  only  so  long as the housing accommodations are not occupied
for other than single family occupancy; or
(i) housing accommodations which become vacant provided, however, that
this exemption shall not apply or become effective where the  commission
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;  and
further  provided  that  housing  accommodations  as  to which a housing
emergency has been declared pursuant to the emergency tenant  protection
act  of nineteen seventy-four shall be subject to the provisions of such
act for the duration of such emergency; or
(j) housing accommodations (not  otherwise  exempt  or  excluded  from
control)  in two family houses occupied in whole or in part by the owner
thereof, and in one family houses whether or not  so  occupied,  on  and
after  July  first,  nineteen  hundred  fifty-five,  in  the counties of
Monroe, Nassau, Oneida, Onondaga and Schenectady, and, on and after July
first, nineteen hundred fifty-seven, any housing accommodations  in  the
county  of  Onondaga  containing  four  rental  units or less, provided,
however, that this exemption with respect to one and two  family  houses
shall  remain  effective  only so long as the housing accommodations are
not occupied for  other  than  single  family  occupancy,  and  provided
further,  however,  that this exemption shall become or remain effective
in any city or town within the counties of Monroe, Oneida or Schenectady
subject to the provisions of subdivision four of section  twelve  hereof
providing  for  the  continuance  or  reestablishment  of  controls with
respect to such housing accommodations therein; or
(k) housing accommodations (not  otherwise  exempt  or  excluded  from
control)  elsewhere  than  in  the  city  of  New  York,  except housing
accommodations used as boarding houses or rooming houses in  the  county
of  Westchester,  which  are  or  become  vacant on or after July first,
nineteen hundred fifty-seven, provided,  however,  that  this  exemption

shall not apply or become effective in any case where the vacancy in the
housing  accommodations occurred or occurs because of the removal of the
tenant to another housing accommodation in the same building, or because
of  the  eviction of the tenant after the issuance of a final order in a
summary proceeding to recover possession of the  housing  accommodation,
whether  after  a  trial of the issues or upon the consent or default of
the tenant or otherwise without a trial, and provided, further,  however
that  this  exemption shall become effective in any city or town subject
to the provisions of subdivision five of section twelve hereof providing
for  the  continuance  of  control  with   respect   to   such   housing
accommodations,  and  provided further, that this exemption shall remain
effective only so long as the housing accommodations  are  not  occupied
for other than single family occupancy.
(l)  housing  accommodations  which  are not occupied by the tenant in
possession as his or her primary residence provided, however,  that  any
such  housing accommodation shall continue to be subject to rent control
as provided herein unless the commission issues an  order  decontrolling
such accommodation which the commission shall do upon application by the
landlord,  whenever  it  is  established  by any facts and circumstances
which, in the judgment of the commission, 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.
(m)  upon  the  issuance  of an order of deregulation by the division,
housing accommodations which: (1) are occupied by  persons  who  have  a
total  annual  income,  as defined in and subject to the limitations and
process set forth in section  two-a  of  this  law,  in  excess  of  the
deregulation income threshold as defined in section two-a of this law in
each  of  the  two preceding calendar years; and (2) have a maximum rent
that equals or exceeds the deregulation rent  threshold  as  defined  in
section two-a of this law.
2-a.  The  landlord  of a housing accommodation specified in paragraph
(h) or (i) or (j) or (k) of subdivision two of this section shall file a
report with the commission within thirty  days  following  the  date  of
first  rental  of  such  accommodation  after decontrol. No copy of such
report shall be required to be  served  upon  the  new  tenant  of  such
housing accommodation.
3.  "Rent."  Consideration,  including  any bonus, benefit or gratuity
demanded or received for or in connection with the use or  occupancy  of
housing  accommodations  or  the  transfer  of  a  lease of such housing
accommodations.
4. "Maximum rent." The maximum lawful rent  for  the  use  of  housing
accommodations.  Maximum  rents  may be formulated in terms of rents and
other charges and allowances.
5. "Person." An individual, corporation, partnership, association,  or
any  other  organized  group  of  individuals  or the legal successor or
representative of any of the foregoing.
6. "Landlord." An owner, lessor, sublessor, assignee, or other  person
receiving  or  entitled  to receive rent for the use or occupancy of any
housing accommodation or an agent of any of the foregoing.
7. "Tenant." A tenant, subtenant, lessee, sublessee, or  other  person
entitled  to  the  possession  or to the use or occupancy of any housing
accommodation.
8. "Documents." Records, books,  accounts,  correspondence,  memoranda
and other documents, and drafts and copies of any of the foregoing.
9. "Municipality." A city, town or village.
10. "Local governing body."
a. In the case of a city, the council, common council or board of
aldermen   and   the   board   of  estimate,  board  of  estimate  and
apportionment or board of estimate and contract, if there be one.
b. In the case of a town, the town board.
c. In the case of a village, the board of trustees.
11. "Local laws." The local laws specified in chapter one of the  laws
of  nineteen  hundred  fifty,  namely  local  laws  numbers  twenty-one,
twenty-three, twenty-four, twenty-five and seventy-three  of  the  local
laws  of  the city of New York for the year nineteen hundred forty-nine;
and local law number three of the city of Buffalo for the year  nineteen
hundred forty-seven.
12. "Federal act." The emergency price control act of nineteen hundred
forty-two,  and  as  thereafter amended and as superseded by the housing
and rent act of nineteen hundred forty-seven,  and  as  the  latter  was
thereafter  amended  prior  to  May  first,  nineteen hundred fifty, and
regulations adopted pursuant thereto.
§ 3. Temporary state housing  rent  commission.  1.  There  is  hereby
created a temporary state commission, to be known as the temporary state
housing   rent   commission.   Such  commission  shall  consist  of  one
commissioner, to be known as the state rent administrator, who shall  be
appointed  by  the  governor,  by and with the advice and consent of the
senate, and who shall serve during the  pleasure  of  the  governor.  He
shall  receive  an  annual  salary  to  be  provided by law. He shall be
entitled to his expenses actually and necessarily incurred by him in the
performance of his duties.
2. The commission shall establish and maintain such offices within the
state as the commission may deem necessary, and shall designate  one  of
them  as its principal office. The commission may appoint such officers,
counsel, employees and agents as the commission may deem necessary,  fix
their compensation within the limitations provided by law, and prescribe
their  duties.  All  employees  of  the commission shall be appointed in
accordance with the provisions of the civil service law and rules.
3. Any officer or employee under federal or  municipal  civil  service
selected  by  the  commission  may,  with the consent of the appropriate
governmental agency by which he is or has been employed, be  transferred
without  further  examination  or  qualification  to comparable offices,
positions and employment under  the  commission.  Any  such  officer  or
employee who has been appointed to an office or position under the rules
and  classifications  of  the  state  or  any  municipal  civil  service
commission,  shall  retain,  upon  such  transfer,  the  civil   service
classification  and status which he had prior to such transfer. Any such
officer or employee who at the time  of  transfer  has  a  temporary  or
provisional  appointment  shall  be  subject  to removal, examination or
termination as though such transfer had not been  made.  The  commission
may,  by  agreement  with the appropriate federal agency and state civil
service commission, make similar provision for any  federal  officer  or
employee  so  transferred.  Notwithstanding  the provisions of any other
law, any such officer  or  employee  so  transferred,  pursuant  to  the
provisions  of  this  section,  who is a member or beneficiary under any
existing municipal pension or retirement system, shall continue to  have
all  rights,  privileges,  obligations  and  status with respect to such
fund, system or systems as are now prescribed by  law,  but  during  the
period  of  his  employment  by the commission, all contributions to any
pension or retirement fund or system to  be  paid  by  the  employer  on

account  of  such  officer or employee, shall be paid by the commission.
The commission may by agreement with  the  appropriate  federal  agency,
make  similar  provisions relating to retirement for any federal officer
or employee so transferred.
§ 4.  General powers and duties of the commission. 1. At the time this
act shall become effective, the commission shall establish maximum rents
which shall be
(a) for housing accommodations outside  the  city  of  New  York,  the
maximum  rent  which  was  established  on March first, nineteen hundred
fifty, pursuant to the federal act, and shall  not  include  adjustments
granted  by  orders  issued  under  the  federal  act  after  that date,
regardless of whether they were made effective as of, or retroactive to,
that date or a date prior thereto; and
(b) for housing accommodations  within  the  city  of  New  York,  the
maximum  rent  which  was  established  on March first, nineteen hundred
fifty, pursuant to the federal act, and shall not  include  either,  (1)
adjustments  granted  by  orders issued under the federal act after that
date,  regardless  of  whether  they  were  made  effective  as  of,  or
retroactive  to,  that  date or a date prior thereto, or (2) adjustments
granted by orders increasing the maximum rent, issued after March first,
nineteen hundred  forty-nine,  under  the  federal  act,  regardless  of
whether  the  order of increase was made effective as of, or retroactive
to, March first, nineteen hundred forty-nine, or a date  prior  thereto,
but  shall  include  adjustments  for  new  or  additional  services  or
facilities provided by the landlord  while  the  housing  accommodations
were  not  rented  or where tenant-occupied, to which the tenant then in
possession had agreed, either expressly or impliedly; and
(c) for housing accommodations within  the  cities  of  New  York  and
Buffalo  which  on  March  first, nineteen hundred fifty, had no maximum
rent established pursuant to the federal act, but which were subject  to
a  maximum  rent established pursuant to the local laws of the cities of
New York and Buffalo, the maximum rent which was  established  on  March
first, nineteen hundred fifty, pursuant to such local laws.
2. Whenever the commission determines that such action is necessary to
effectuate the purposes of this act, it may also establish maximum rents
for   housing  accommodations,  as  that  term  is  defined  herein,  in
municipalities in which no maximum rent was in effect  on  March  first,
nineteen  hundred  fifty.  Any housing accommodation for which a maximum
rent is so established shall be deemed a housing accommodation  for  all
the purposes, and subject to all the provisions of this act.
2-a. For housing accommodations created by a change from a non-housing
to  a  housing use or by conversion on or after February first, nineteen
hundred  forty-seven,  including  those  decontrolled  by   order,   and
certified  by  a  municipal  department having jurisdiction to be a fire
hazard or in a continued dangerous condition or detrimental to  life  or
health,  the  maximum  rent  shall be the rent charged on January first,
nineteen hundred fifty-seven, or the date of first rental, whichever  is
later.  Any  housing  accommodations  for  which  a  maximum  rent is so
established  shall  be  deemed  a  housing  accommodation  for  all  the
purposes,  and  subject  to  all the provisions of this act, but only so
long as such  illegal  or  hazardous  condition  continues  and  further
certification with respect thereto shall not be required notwithstanding
any inconsistent provision of this act.
2-b. Provision shall be made pursuant to regulations prescribed by the
commission for the establishment, adjustment and modification of maximum
rents   in   rooming   houses,   which   shall   include  those  housing
accommodations  subject  to  control  pursuant  to  the  provisions   of
paragraph  (b)  of  subdivision  two  of section two of this act, having

regard for any factors bearing on the equities involved, consistent with
the  purposes  of  this  act  to  correct  speculative,   abnormal   and
unwarranted increases in rent.
3.  Whenever  the foregoing standard is not susceptible of application
to a housing accommodation to which this act applies, and for  which  no
maximum  rent was established on March first, nineteen hundred fifty, or
where no registration statement had been filed as had been  required  by
the  federal  act,  the  maximum  rent  thereof  shall  be  fixed by the
commission, having regard to the maximum rents  for  comparable  housing
accommodations  or  any  other factors bearing on the equities involved,
consistent with the purposes of this act.
3-a. Notwithstanding the foregoing provisions of this section, on  and
after  May first, nineteen hundred fifty-three, the maximum rent for any
housing accommodations shall not be less than the maximum rent in effect
on March first, nineteen hundred forty-three (or if there  was  no  such
maximum rent then in effect, the maximum rent first established pursuant
to  the  federal  act prior to July first, nineteen hundred forty-seven)
plus fifteen per centum thereof as such sum is adjusted to reflect:
(1) the amount of any decreases in  maximum  rent  required  by  order
because of decreases in dwelling space, services, furniture, furnishings
or  equipment,  or  substantial  deterioration  or  failure  to properly
maintain such housing, and
(2) the amount of  increases  in  maximum  rent  authorized  by  order
because of increases in dwelling space, services, furniture, furnishings
or  equipment  and  the  amount  of the temporary increase authorized by
order because of a major capital improvement.
Nothing contained in this subdivision, however, shall have the  effect
of  increasing  the  maximum rent of any housing accommodation more than
fifteen per centum above the maximum rent in effect on April  thirtieth,
nineteen hundred fifty-three.
4.  (a)  The commission may from time to time adopt, promulgate, amend
or rescind such rules, regulations and orders as it may  deem  necessary
or  proper  to  effectuate the purposes of this act, including practices
relating to recovery of possession; provided that such  regulations  can
be put into effect without general uncertainty, dislocation and hardship
inconsistent  with  the  purposes of this act; and provided further that
such regulations shall be designed to maintain a system of rent controls
at levels which, in the judgment of the commission, are  generally  fair
and  equitable and which will provide for an orderly transition from and
termination  of   emergency   controls   without   undue   dislocations,
inflationary price rises or disruption. Provision shall be made pursuant
to  regulations  prescribed by the commission, for individual adjustment
of maximum rents where the rental income from a property  yields  a  net
annual  return  of  less  than  seven  and  one-half  per  centum of the
valuation of the property. Such valuation shall be the current  assessed
valuation  established by a city, town or village, which is in effect at
the time of the filing of the application for an adjustment  under  this
subparagraph  properly adjusted by applying thereto the ratio which such
assessed valuation bears to the full  valuation  as  determined  by  the
state  board  of  equalization and assessment on the basis of assessment
rolls of cities, towns  and  villages  for  the  year  nineteen  hundred
fifty-four and certified for such year by such board pursuant to section
forty-nine-d  of  the tax law; provided, however, that where at the time
of  the  filing  of  the  application  for  an  adjustment  under   this
subparagraph  such  board  has  computations  for such year indicating a
different ratio for subclasses of residential property in a  city,  town
or  village,  the  commission  shall  give  due  consideration  to  such
different  ratio  except  ratios  in  excess  of  one  hundred  percent,

provided,  further,  that  where  such  board  has  not  determined  and
certified any ratio pursuant to such section of such  law  for  a  city,
town  or  village  for  such  year, the commission shall apply the ratio
determined or certified by such board pursuant to section twelve hundred
twelve  of  the  real  property tax law for the most recent year; except
where there has been a bona fide sale of the property within the  period
between  March  fifteenth, nineteen hundred fifty-seven, and the time of
the filing of the application, as the result of a transaction  at  arms'
length,  on  normal financing terms at a readily ascertainable price and
unaffected by special circumstances such as a forced sale,  exchange  of
property,  package  deal,  wash  sale  or sale to cooperative; provided,
however, that where there has been more than one  such  bona  fide  sale
within  a  period  of  two years prior to the date of the filing of such
application the commission shall disregard the most recent of such sales
if a prior sale within such two-year period was adopted as the valuation
of the property in a proceeding under this subparagraph. In  determining
whether  a sale was on normal financing terms, the commission shall give
due consideration to the following factors:
(i) The ratio of the cash payment received by the seller  to  (a)  the
sales  price  of  the  property and (b) the annual gross income from the
property;
(ii) The total amount of the outstanding  mortgages  which  are  liens
against  the  property  (including purchase money mortgages) as compared
with the equalized assessed valuation of the property;
(iii) The ratio of the sales price to the annual gross income  of  the
property,   with  consideration  given  to  the  total  amount  of  rent
adjustments previously granted, exclusive of rent adjustments because of
changes  in  dwelling  space,  services,   furniture,   furnishings   or
equipment, major capital improvements, or substantial rehabilitation;
(iv)   The   presence  of  deferred  amortization  in  purchase  money
mortgages, or the assignment of such mortgages at a discount;
(v) Any other facts and circumstances surrounding such sale which,  in
the  judgment of the commission, may have a bearing upon the question of
financing.
No application for adjustment of maximum rent based upon a sales price
valuation shall be filed by the landlord under this  subparagraph  prior
to  six  months from the date of such sale of the property. In addition,
no adjustment ordered by the commission  based  upon  such  sales  price
valuation  shall  be  effective  prior to one year from the date of such
sale. Where, however, the assessed valuation of the  land  exceeds  four
times  the  assessed  valuation of the buildings thereon, the commission
may determine a valuation of  the  property  equal  to  five  times  the
equalized  assessed valuation of the buildings, for the purposes of this
subparagraph. The commission may make a determination that the valuation
of the property is an amount  different  from  such  equalized  assessed
valuation  where  there  is  a  request for a reduction in such assessed
valuation currently pending; or where there has been a reduction in  the
assessed valuation for the year next preceding the effective date of the
current  assessed  valuation  in effect at the time of the filing of the
application. Net annual return shall be the amount by which  the  earned
income  exceeds  the  operating  expenses  of  the  property,  excluding
mortgage  interest  and  amortization,  and  excluding  allowances   for
obsolescence  and  reserves, but including an allowance for depreciation
of two per centum of the value of the buildings exclusive of  the  land,
or  the  amount  shown  for  depreciation of the buildings in the latest
required federal  income  tax  return,  whichever  is  lower;  provided,
however,  that  (1) no allowance for depreciation of the buildings shall
be included where the buildings have been fully depreciated for  federal

income  tax  purposes  or on the books of the owner; or (2) the landlord
who owns no more than four rental units within the state  has  not  been
fully  compensated  by  increases  in rental income sufficient to offset
unavoidable  increases in property taxes, fuel, utilities, insurance and
repairs and maintenance, excluding mortgage interest  and  amortization,
and  excluding  allowances  for depreciation, obsolescence and reserves,
which have occurred since the federal date determining the maximum  rent
or the date the property was acquired by the present owner, whichever is
later;  or  (3) the landlord operates a hotel or rooming house or owns a
cooperative apartment and has not been fully compensated by increases in
rental income from the controlled housing accommodations  sufficient  to
offset  unavoidable  increases  in property taxes and other costs as are
allocable to such controlled housing accommodations, including costs  of
operation  of  such  hotel  or  rooming  house,  but  excluding mortgage
interest and amortization, and excluding  allowances  for  depreciation,
obsolescence  and  reserves,  which have occurred since the federal date
determining the maximum rent or the  date  the  landlord  commenced  the
operation  of  the property, whichever is later; or (4) the landlord and
tenant voluntarily enter into a valid written lease in good  faith  with
respect  to  any  housing  accommodation,  which  lease  provides for an
increase in the maximum rent not in excess of fifteen per centum and for
a term of not less than two years, except that where such lease provides
for an increase in excess of fifteen per centum, the increase  shall  be
automatically  reduced  to fifteen per centum; or * (5) the landlord and
tenant by  mutual  voluntary  written  informed  agreement  agree  to  a
substantial   increase   or   decrease  in  dwelling  space,  furniture,
furnishings  or  equipment  provided  in  the  housing   accommodations;
provided  that an owner shall be entitled to a rent increase where there
has been a substantial modification or increase of  dwelling  space,  or
installation  of  new  equipment  or  improvements  or  new furniture or
furnishings provided in or to  a  tenant's  housing  accommodation.  The
temporary  increase  in  the  maximum  rent  for  the  affected  housing
accommodation shall be one-one hundred sixty-eighth, in the  case  of  a
building  with  thirty-five  or fewer housing accommodations, or one-one
hundred eightieth, in the case of a building with more than  thirty-five
housing  accommodations where such increase takes effect on or after the
effective date of the chapter of the laws of two thousand nineteen  that
amended  this  subparagraph,  of  the  total actual cost incurred by the
landlord up to fifteen thousand dollars in providing such reasonable and
verifiable  modification  or  increase  in  dwelling  space,  furniture,
furnishings,  or  equipment,  including  the  cost  of  installation but
excluding finance charges and any costs  that  exceed  reasonable  costs
established  by  rules  and  regulations  promulgated by the division of
housing and community renewal. Such rules and regulations shall include:
(i) requirements for work to be  done  by  licensed  contractors  and  a
prohibition  on common ownership between the landlord and the contractor
or vendor; and (ii) a requirement that  the  owner  resolve  within  the
dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
violations of the uniform fire prevention  and  building  code  (Uniform
Code),  New  York  city fire code, or New York city building and housing
maintenance codes, if applicable. Provided further that an owner who  is
entitled  to  a  rent  increase  pursuant  to  this  clause shall not be
entitled to a further rent  increase  based  upon  the  installation  of
similar  equipment,  or  new  furniture or furnishings within the useful
life of such new equipment, or new furniture  or  furnishings.  Provided
further that the recoverable costs incurred by the landlord, pursuant to
this  subparagraph,  shall  be  limited  to an aggregate cost of fifteen
thousand dollars that may be expended on no  more  than  three  separate

individual  apartment  improvements  in  a fifteen year period beginning
with the  first  individual  apartment  improvement  on  or  after  June
fourteenth,  two  thousand  nineteen. Provided further that increases to
the  legal  regulated  rent  pursuant to this paragraph shall be removed
from the legal regulated rent thirty years from the  date  the  increase
became  effective  inclusive  of any increases granted by the applicable
rent guidelines board. The  owner  shall  give  written  notice  to  the
commission of any such adjustment pursuant to this clause; or
* NB Effective until October 17, 2024
* (5)  the  landlord  and  tenant by mutual voluntary written informed
agreement agree to a substantial increase or decrease in dwelling space,
furniture,  furnishings   or   equipment   provided   in   the   housing
accommodations;  provided  that  an  owner  shall  be entitled to a rent
increase where there has been a substantial modification or increase  of
dwelling  space, or installation of new equipment or improvements or new
furniture  or  furnishings  provided  in  or  to  a   tenant's   housing
accommodation. The increase in the maximum rent for the affected housing
accommodation  shall  be  one-one hundred sixty-eighth, in the case of a
building with thirty-five or fewer housing  accommodations,  or  one-one
hundred  eightieth, in the case of a building with more than thirty-five
housing accommodations where such increase takes effect on or after  the
effective  date of the chapter of the laws of two thousand nineteen that
amended this subparagraph, of the total  actual  cost  incurred  by  the
landlord  up to thirty thousand dollars in providing such reasonable and
verifiable  modification  or  increase  in  dwelling  space,  furniture,
furnishings,  or  equipment,  including  the  cost  of  installation but
excluding finance charges and any costs  that  exceed  reasonable  costs
established  by  rules  and  regulations  promulgated by the division of
housing and community renewal. Such rules and regulations shall include:
(i) requirements for work to be  done  by  licensed  contractors  and  a
prohibition  on common ownership between the landlord and the contractor
or vendor; and (ii) a requirement that  the  owner  resolve  within  the
dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
violations of the uniform fire prevention  and  building  code  (Uniform
Code),  New  York  city fire code, or New York city building and housing
maintenance codes, if applicable. Provided further that an owner who  is
entitled  to  a  rent  increase  pursuant  to  this  clause shall not be
entitled to a further rent  increase  based  upon  the  installation  of
similar  equipment,  or  new  furniture or furnishings within the useful
life of such new equipment, or new furniture  or  furnishings.  Provided
further that the recoverable costs incurred by the landlord, pursuant to
this  subparagraph,  shall  be  limited  to  an aggregate cost of thirty
thousand dollars in a fifteen  year  period  beginning  with  the  first
individual  apartment  improvement  on  or  after  June  fourteenth, two
thousand nineteen. The owner shall give written notice to the commission
of any such adjustment pursuant to this clause; or
* NB Effective October 17, 2024
(6) there has been,  since  March  first,  nineteen  hundred  fifty,  an
increase  in  the rental value of the housing accommodations as a result
of a substantial rehabilitation of the building or housing accommodation
therein  which  materially  adds  to  the  value  of  the  property   or
appreciably  prolongs  its life, excluding ordinary repairs, maintenance
and replacements; or (7) there has  been  since  March  first,  nineteen
hundred   fifty,   a   major   capital  improvement  essential  for  the
preservation, energy efficiency, functionality, or infrastructure of the
entire  building,  improvement  of  the  structure  including   heating,
windows, plumbing and roofing, but shall not be for operational costs or
unnecessary   cosmetic   improvements;   which  for  any  order  of  the

commissioner issued after the effective date of the chapter of the  laws
of  two  thousand  nineteen that amended this paragraph the cost of such
improvement shall be amortized over a twelve-year period  for  buildings
with thirty-five or fewer units or a twelve and one-half year period for
buildings  with  more  than thirty-five units, and shall be removed from
the legal regulated rent thirty years from the date the increase  became
effective  inclusive  of  any  increases  granted by the applicable rent
guidelines board. Temporary major capital improvement increases shall be
collectible prospectively on the first day of the first month  beginning
sixty  days  from  the date of mailing notice of approval to the tenant.
Such notice shall disclose the total monthly increase in  rent  and  the
first  month  in which the tenant would be required to pay the temporary
increase. An approval for a temporary major capital improvement increase
shall not include retroactive payments. The collection of  any  increase
shall  not exceed two percent in any year from the effective date of the
order granting the increase over the rent set forth in the  schedule  of
gross  rents, with collectability of any dollar excess above said sum to
be spread forward in  similar  increments  and  added  to  the  rent  as
established  or set in future years.  Upon vacancy, the landlord may add
any  remaining  balance  of  the  temporary  major  capital  improvement
increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
provision of the law, for any renewal lease commencing on or after  June
14,  2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year for any tenant in occupancy  on
the  date the major capital improvement was approved; provided, however,
where an application for a temporary major capital improvement  increase
has  been filed, a tenant shall have sixty days from the date of mailing
of a notice of a proceeding in which  to  answer  or  reply.  The  state
division  of  housing and community renewal shall provide any responding
tenant with the reasons for the division's approval or  denial  of  such
application;  or  (8) there has been since March first, nineteen hundred
fifty, in structures containing more than four  housing  accommodations,
other improvements made with the express informed consent of the tenants
in  occupancy  of  at  least  seventy-five  per  centum  of  the housing
accommodations, provided, however, that no adjustment granted  hereunder
shall  exceed  two per centum unless the tenants have agreed to a higher
percentage of increase, as herein provided; (9) there  has  been,  since
March  first,  nineteen  hundred  fifty,  a  subletting  without written
consent from the  landlord  or  an  increase  in  the  number  of  adult
occupants who are not members of the immediate family of the tenant, and
the  landlord  has  not  been  compensated therefor by adjustment of the
maximum rent by lease or order of the  commission  or  pursuant  to  the
federal  act;  or  (10) the presence of unique or peculiar circumstances
materially affecting the maximum rent has resulted  in  a  maximum  rent
which  is substantially lower than the rents generally prevailing in the
same area for substantially similar housing accommodations.
In addition to the filing of  written  statements  setting  forth  the
final  rate of equalization concerning assessment rolls of cities, towns
and  villages,  after  determination  thereof  by  the  state  board  of
equalization  and  assessment,  with  the  appropriate  officials as now
required by law, such  board  shall  also  file  a  copy  of  each  such
statement, duly certified, in so far as they relate to cities, towns and
villages  subject  to  rent control pursuant to this act, with the state
rent administrator and the chairman of the temporary state commission to
study  rents  and  rental  conditions.  Where  such   board   has   made
computations  indicating a different ratio for subclasses of residential

property,  such  information  shall  also  be  filed  with   such   rent
administrator and the chairman of such temporary state commission.
(b) The total of all adjustments ordered by the commission pursuant to
(1)  and  (3)  of  paragraph  (a)  of  subdivision  four  hereof for any
individual housing accommodations shall not exceed  fifteen  per  centum
for  any  twelve  month  period;  provided, however, that in ordering an
adjustment pursuant to (1), the commission  may  waive  this  limitation
where  a  greater increase is necessary to make the earned income of the
property equal to its operating expense; provided further, however, that
the maximum rents subject to the allocation requirement of paragraph (c)
hereof shall be increased by such further additional amount during  each
succeeding  twelve-month period, not exceeding fifteen per centum of the
maximum rent in effect on the effective date of the  original  order  of
adjustment,  until  the maximum rents for the property shall reflect the
net annual return provided for pursuant to (1) hereof, but in no  event,
however,  shall the total increase ordered for a succeeding twelve-month
period be more than an additional three per centum of the  maximum  rent
in  effect  on  the  effective  date of the original order of adjustment
unless a new application be filed by the landlord.
The commission shall compile and make available for public  inspection
at  reasonable  hours  at  its  principal office and at each appropriate
local office, and shall file with the chairman of  the  temporary  state
commission to study rents and rental conditions the manual of accounting
procedures  and advisory bulletins applicable to applications under (1),
(2) and (3) hereof, and all amendments thereto.
(c) Any increase in maximum rent shall be apportioned equitably  among
all  the  controlled  housing  accommodations in the property. In making
such apportionment and in fixing the  increases  in  maximum  rents  the
commission  shall give due consideration (1) to all previous adjustments
or increases in maximum rents by lease or  otherwise;  and  (2)  to  all
other  income derived from the property, including income from space and
accommodations not controlled, or the rental value thereof if vacant  or
occupied rent-free, so that there is allocated to the controlled housing
accommodations  therein  only  that  portion  of  the amount of increase
necessary pursuant to (1), (2) or (3) of paragraph  (a)  of  subdivision
four   hereof,   as   is   properly   attributable  to  such  controlled
accommodations.
(d) No landlord shall be entitled to any increase in the maximum  rent
unless  he  certifies  that  he  is  maintaining  all essential services
furnished or required to be furnished as of the date of the issuance  of
the  order  adjusting  the  maximum  rent  and  that he will continue to
maintain such services so long as the  increase  in  such  maximum  rent
continues  in effect; nor shall any landlord be entitled to any increase
in the maximum rent in any case  where  a  municipal  department  having
jurisdiction  certifies  that the housing accommodation is a fire hazard
or is in a continued dangerous  condition  or  detrimental  to  life  or
health, or is occupied in violation of law.
(e)  Before  ordering  any  adjustment  in maximum rents, a reasonable
opportunity to be heard thereon shall be accorded  the  tenant  and  the
landlord.
(f)  An  owner,  lessor  or  agent  thereof  shall  be prohibited from
assessing a lessee  any  fee,  surcharge  or  other  charges  for  legal
services  in  connection  with  the operation or rental of a residential
unit unless the owner, lessor or agent has the legal authority to do  so
pursuant  to  a court order. Legal services include, but are not limited
to, court fees,  legal  representation,  attorney  fees,  notary  public
charges,  and administrative fees incurred by the owner, lessor or agent
in connection with management of the  building,  including  actions  and

proceedings  in  a  court  of  law.  Any  agreement or assessment to the
contrary shall be void as contrary to public policy.
(g)  No  owner of a housing accommodation subject to the provisions of
this law shall impose any surcharge for the installation and  use  of  a
tenant-installed air conditioner unit where the tenant pays for electric
utility service.
5.  (a)  Whenever  in  the  judgment  of the commission such action is
necessary or proper in order to effectuate the purposes of this act, the
commission may, by regulation or order, regulate or prohibit speculative
or manipulative practices or renting  or  leasing  practices,  including
practices  relating  to recovery of possession, which in the judgment of
the commission are equivalent  to  or  are  likely  to  result  in  rent
increases inconsistent with the purposes of this act.
(b)  Whenever  in  the  judgment  of  the  commission  such  action is
necessary or proper in order to effectuate the purposes of this act, the
commission may provide regulations to assure the maintenance of the same
living space, essential services, furniture, furnishings  and  equipment
as  were  provided  on  the  date  determining the maximum rent, and the
commission shall have power by  regulation  or  order  to  decrease  the
maximum  rent  for  any  housing  accommodation  with respect to which a
maximum rent is in effect, pursuant to this act if it  shall  find  that
the   living   space,  essential  services,  furniture,  furnishings  or
equipment to which the  tenant  was  entitled  on  such  date  has  been
decreased.  The  amount  of  the decrease in maximum rent ordered by the
commission  under  this  paragraph  shall  be  reduced  by  any  credit,
abatement  or  offset  in rent which the tenant has received pursuant to
section two hundred thirty-five-b of the real property law, that relates
to one or more conditions covered by such order.
(c) Whenever any municipal department  having  jurisdiction  certifies
that  any  housing  accommodation  is a fire hazard or is in a continued
dangerous condition or detrimental to life or health, or is occupied  in
violation  of  law,  the  commission  may  issue an order decreasing the
maximum rent of such housing accommodation in such amount  as  it  deems
necessary  or  proper, until the said municipal department has certified
that the illegal or hazardous condition has been removed.
6. Any regulation or order issued pursuant  to  this  section  may  be
established  in  such  form and manner, may contain such classifications
and  differentiations,  and  may  provide  for  such   adjustments   and
reasonable exceptions as in the judgment of the commission are necessary
or  proper  in order to effectuate the purposes of this act. No increase
or decrease in maximum rent shall be effective  prior  to  the  date  on
which the order therefor is issued.
7.  Regulations,  orders,  and requirements under this act may contain
such provisions  as  the  commission  deems  necessary  to  prevent  the
circumvention or evasion thereof.
8.  The  powers  granted  in this section shall not be used or made to
operate to compel changes in established rental practices, except  where
such  action is affirmatively found by the commission to be necessary to
prevent  circumvention  or  evasion  of  any   regulation,   order,   or
requirements under this act.
9.  No  annual  rent  increase  authorized  pursuant to this act shall
exceed the average  of  the  previous  five  annual  rental  adjustments
authorized  by  a  rent  guidelines  board  for  a  rent stabilized unit
pursuant to section 4 of the emergency tenant protection act of nineteen
seventy-four.
§ 5. Evictions. 1. So long as the tenant continues to pay the rent  to
which  the  landlord  is  entitled,  no tenant shall be removed from any
housing accommodation with respect to which a maximum rent is in  effect

pursuant  to  this  act  by action to evict or to recover possession, by
exclusion from possession, or otherwise, nor shall  any  person  attempt
such  removal or exclusion from possession notwithstanding the fact that
the tenant has no lease or that his lease, or other rental agreement has
expired  or  otherwise  terminated,  notwithstanding any contract, lease
agreement or obligation  heretofore  or  hereafter  entered  into  which
provides  for  surrender  of  possession,  or  which  otherwise provides
contrary hereto, except on one or more  of  the  following  grounds,  or
unless  the  landlord has obtained a certificate of eviction pursuant to
subdivision two of this section:
(a) the tenant is violating a substantial obligation  of  his  tenancy
other  than  the  obligation  to  surrender  possession  of such housing
accommodation and has failed to cure such violation after written notice
by the landlord that the violation cease within ten days, or within  the
three  month  period  immediately  prior  to  the  commencement  of  the
proceeding  the  tenant  has  wilfully  violated  such   an   obligation
inflicting serious and substantial injury to the landlord; or
(b)  the tenant is committing or permitting a nuisance in such housing
accommodation; or is  maliciously  or  by  reason  of  gross  negligence
substantially  damaging  the  housing  accommodations; or his conduct is
such as to interfere substantially with the comfort  or  safety  of  the
landlord  or of other tenants or occupants of the same or other adjacent
building or structure; or
(c) occupancy of the housing accommodations by the tenant  is  illegal
because of the requirements of law, and the landlord is subject to civil
or criminal penalties therefor, or both; or
(d) the tenant is using or permitting such housing accommodation to be
used for an immoral or illegal purpose; or
(e)  the  tenant  who  had  a  written  lease  or other written rental
agreement which terminates on  or  after  May  first,  nineteen  hundred
fifty,  has  refused  upon  demand  of the landlord to execute a written
extension or renewal thereof for a further term of like duration not  in
excess of one year but otherwise on the same terms and conditions as the
previous  lease  except  in  so  far  as  such  terms and conditions are
inconsistent with this act; or
(f) the tenant has unreasonably refused the  landlord  access  to  the
housing  accommodations  for  the purpose of making necessary repairs or
improvements required by law or for the  purpose  of  inspection  or  of
showing  the  accommodations  to  a  prospective purchaser, mortgagee or
prospective mortgagee, or other  person  having  a  legitimate  interest
therein;  provided, however, that in the latter event such refusal shall
not be ground for removal or eviction if such inspection or  showing  of
the  accommodations  is contrary to the provisions of the tenant's lease
or other rental agreement.
2. No tenant shall be removed or evicted on grounds other  than  those
stated  in  subdivision one of this section unless on application of the
landlord the commission shall issue an order granting a  certificate  of
eviction  in  accordance  with  its  rules  and regulations, designed to
effectuate the purposes of this act, permitting the landlord  to  pursue
his  remedies  at law. The commission shall issue such an order whenever
it finds that:
(a) the landlord seeks in  good  faith  to  recover  possession  of  a
housing  accommodation because of immediate and compelling necessity for
his or her own  personal  use  and  occupancy  as  his  or  her  primary
residence or for the use and occupancy of his or her immediate family as
their  primary  residence;  provided,  however,  this  subdivision shall
permit recovery of only one housing accommodation and  shall  not  apply
where   a  member  of  the  household  lawfully  occupying  the  housing

accommodation is sixty-two years of age or older, has been a tenant in a
housing accommodation in that building for fifteen years or more, or 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  prevent  the  tenant  from  engaging  in  any
substantial   gainful  employment;  provided,  however,  that  a  tenant
required to surrender a housing accommodation under this paragraph shall
have a cause of action  in  any  court  of  competent  jurisdiction  for
damages,  declaratory,  and  injunctive  relief  against  a  landlord or
purchaser of the premises who makes a fraudulent statement  regarding  a
proposed  use  of the housing accommodation. In any action or proceeding
brought pursuant to this paragraph a prevailing tenant shall be entitled
to recovery of actual damages, and reasonable attorneys' fees; or
(b) the landlord seeks in good faith to recover possession of  housing
accommodations  for  which  the tenant's lease or other rental agreement
has expired or otherwise terminated, and at the time of termination  the
occupants  of the housing accommodations are subtenants or other persons
who occupied under a rental agreement with the tenant, and  no  part  of
the accommodation is used by the tenant as his dwelling; or
(c)  the  landlord  seeks  in  good faith to recover possession of the
housing  accommodations  for  the  immediate  purpose  of  substantially
altering  or  remodeling  them,  provided  that  the landlord shall have
secured such approval therefor as is required by law and the  commission
determines  that  the  issuance of the order granting the certificate of
eviction is not inconsistent with the purpose of this act; or
(d) the landlord seeks in good faith  to  recover  possession  of  the
housing accommodations for the immediate purpose of demolishing them and
the commission determines (i) that such demolition is to be used for the
purpose  of constructing new buildings or structures containing at least
twenty  per   centum   more   housing   accommodations   consisting   of
self-contained  family  units  than are contained in the structure to be
demolished;  provided,  however,  where  as  a  result   of   conditions
detrimental  to  life  or  health  of  the tenants, violations have been
placed upon the structure containing the housing accommodations  by  the
local  authorities having jurisdiction over such matters and the cost of
removing  such  violations  would  substantially  equal  or  exceed  the
assessed  valuation  of  the  structure, the new buildings or structures
shall only be required to make provision for a greater number of housing
accommodations  consisting  of  self-contained  family  units  than  are
contained in the structure to be demolished; provided, further, that the
commission  may  by  regulation  impose  as  a condition to granting the
certificates of eviction that the landlord pay stipends to  the  tenants
in  such  amounts  as  the  commission  may  determine  to be reasonably
necessary, which amounts  may  vary  depending  upon  the  size  of  the
tenant's  apartment  and  whether  the  tenant accepts relocation by the
landlord; or (ii) that such  demolition  is  made  for  the  purpose  of
constructing   new   buildings   or   structures   other   than  housing
accommodations; provided, however, that within the city of New York  the
commission  may  by  regulation  impose  conditions  (including  but not
limited to suitable relocation and the payment of stipends) to  granting
the  certificates  of  eviction.  No  order granting the certificates of
eviction pursuant to this paragraph shall be issued unless the  landlord
shall  have secured such approval therefor as is required by law and the
commission  determines  that  the  issuance  of  such   order   is   not
inconsistent with the purpose of this act.
3.  The commission may from time to time to effectuate the purposes of
this act adopt, promulgate, amend or rescind such rules, regulations  or
orders  as it may deem necessary or proper for the control of evictions.
It may require that an order  granting  a  certificate  of  eviction  be
obtained  from  it  prior to the institution of any action or proceeding
for the recovery of possession of any housing accommodation subject to a
maximum rent under this act upon the grounds  specified  in  subdivision
two  of  this  section  or  where it finds that the requested removal or
eviction is not inconsistent with the purposes of this act and would not
be likely to result in the circumvention or evasion  thereof;  provided,
however,  that  no  such  order  shall  be  required  in  any  action or
proceeding brought pursuant to the provisions of subdivision one of this
section.
The commission on its own initiative or on application of a tenant may
revoke or cancel an order granting such certificate of eviction  at  any
time  prior  to  the  execution  of a warrant in a summary proceeding to
recover possession of real property by a court whenever it finds that:
(a) the certificate of eviction was obtained by fraud  or  illegality;
or
(b)  the  landlord's  intentions or circumstances have so changed that
the premises, possession of which is sought, will not be  used  for  the
purpose specified in the certificate.
The commencement of a proceeding by the commission to revoke or cancel
an  order granting a certificate of eviction shall stay such order until
the final determination of the  proceeding  regardless  of  whether  the
waiting  period  in  the  order  has  already  expired. In the event the
commission  cancels  or  revokes  such  an  order,  the   court   having
jurisdiction  of  any  summary  proceeding instituted in such case shall
take appropriate action to dismiss the application for  removal  of  the
tenant from the real property and to vacate and annul any final order or
warrant granted or issued by the court in the matter.
4.  Notwithstanding  the  preceding  provisions  of  this section, the
state, any municipality, or housing authority may  nevertheless  recover
possession  of  any  housing  accommodations  operated  by it where such
action or proceeding is authorized by statute or regulations under which
such accommodations are administered.
5.  Any  order  of  the  commission  under  this  section  granting  a
certificate  of eviction shall be subject to judicial review only in the
manner prescribed by sections eight and nine.
6. Where after the commission 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 accommodations  (1)  for  his  immediate  and
personal  use,  or  for  the  immediate  and personal use by a member or
members of his immediate family, and such landlord  or  members  of  his
immediate  family shall fail to occupy such accommodations within thirty
days after the tenant vacates, or such landlord shall lease or rent such
space or permit occupancy thereof by a third person within a  period  of
one  year  after  such  removal  of the tenant, or (2) for the immediate
purpose of withdrawing  such  housing  accommodations  from  the  rental
market  and  such landlord shall lease or sell the housing accommodation
or the space previously occupied thereby, or permit  use  thereof  in  a
manner  other  than  contemplated  in such eviction certificate within a
period of one year after such removal of the  tenant,  or  (3)  for  the
immediate purpose of altering or remodeling such housing accommodations,

and  the  landlord  shall  fail  to  start  the  work  of  alteration or
remodeling of such housing accommodations within ninety days after  such
removal on the ground that he required possession of such accommodations
for  the  purpose of altering or remodeling the same, or if after having
commenced such work shall fail or neglect to  prosecute  the  work  with
reasonable  diligence,  or  (4) for the immediate purpose of demolishing
such housing accommodations and constructing a new building or structure
for a greater  number  of  housing  accommodations  in  accordance  with
approved  plans,  or  reasonable amendment thereof, and the landlord has
failed to complete the demolition within six months after the removal of
the last tenant or,  having  demolished  the  premises,  has  failed  or
neglected  to proceed with the new construction within ninety days after
the completion of such demolition or (5) for  some  purpose  other  than
those specified above for which the removal of the tenant was sought and
the  landlord  has  failed to use the vacated premises for such purpose,
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;
provided, however, that subparagraph (4) herein shall not apply  to  any
action  which does not constitute a violation of any local law providing
for penalties upon failure to demolish or comply with state rent control
eviction certificates. In addition to any  other  damage,  the  cost  of
removal of property shall be a lawful measure of damage.
7.  Any  statutory  tenant  who  vacates  the  housing accommodations,
without giving the landlord at least  thirty  days'  written  notice  by
registered or certified mail of his intention to vacate, shall be liable
to  the  landlord  for  an amount not exceeding one month's rent, except
where the tenant has been removed or vacates pursuant to the  provisions
of  this section or of subdivision four of section ten of this act. Such
notice shall be postmarked on or before  the  last  day  of  the  rental
period immediately prior to such thirty-day period.
8.  Where  after  the commission has granted a certificate of eviction
authorizing the landlord to pursue his remedies pursuant to local law to
acquire possession for any purpose stated in subdivision two of  section
five or in subdivision four of section ten of this act or for some other
stated  purpose,  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 and the
landlord or any successor landlord of the  premises  does  not  use  the
housing  accommodation  for the purpose specified in such certificate of
eviction, the vacated accommodation or any  replacement  or  subdivision
thereof shall, unless the commission approves such different purpose, be
deemed  a  housing accommodation subject to control, notwithstanding any
definition of that term in this act to the contrary. Such approval shall
be granted whenever the commission finds that the failure or omission to
use  the  housing  accommodation  for  the  purpose  specified  in  such
certificate was not inconsistent with the purposes of this act and would
not  be  likely  to  result in the circumvention or evasion thereof. The
remedy herein provided for shall be in addition to those provided for in
subdivision one of section eleven of this act and to the tenant's action
for damages provided for in subdivision six of this section.
§ 6. Investigations; records; reports. 1. The commission is authorized
to make such studies and investigations, to conduct such  hearings,  and
to  obtain  such information as the commission deems necessary or proper
in prescribing any  regulation  or  order  under  this  act  or  in  the
administration  and  enforcement  of this act and regulations and orders
thereunder.
2. The commission 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 commission may
require  any such person to permit the inspection and copying of records
and other documents and the inspection of  housing  accommodations.  The
administrator  or  any officer or agent designated by the commission 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.
3. For the purpose of obtaining any information under subdivision one,
the commission may by subpoena require any other person  to  appear  and
testify  or  to appear and produce documents, or both, at any designated
place.
4. The production of a person's documents at any place other than  his
place  of  business shall not be required under this section in any case
in which, prior to the return date specified in the subpoena issued with
respect thereto, such person either has furnished the commission 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  commission
as to the information contained in such documents.
5. In case of contumacy by, or refusal to obey a subpoena served upon,
any person referred to in subdivision three, the supreme court in or for
any  judicial  district  in  which  such  person  is found or resides or
transacts business, upon  application  by  the  commission,  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 subdivision shall also apply to
any person referred to in subdivision two, and shall be in  addition  to
the provisions of subdivision one of section ten.
6. Witnesses subpoenaed under this section shall be paid the same fees
and  mileage  as  are  paid  witnesses under article eighty of the civil
practice law and rules.
7. Upon any such investigation or  hearing,  the  commissioner  or  an
officer  duly designated by the commission to conduct such investigation
or hearing, may confer immunity in accordance  with  the  provisions  of
section 50.20 of the criminal procedure law.
8.  The  commission  shall  not  publish  or  disclose any information
obtained under this act that the commission deems confidential  or  with
reference  to  which a request for confidential treatment is made by the
person furnishing such information,  unless  the  commission  determines
that the withholding thereof is contrary to the public interest.
9.  Any  person  subpoenaed under this section shall have the right to
make a record of his testimony and to be represented by counsel.
§ 7. Cooperation with other governmental agencies. 1.  The  commission
shall  cooperate  with  the  federal  government  and  other appropriate
governmental agencies in effectuating the  purposes  of  this  act,  and
shall  endeavor  to  procure  and  may  accept  from the federal housing
expediter and other officers and agencies of the federal government  and
from  the temporary city housing rent commission of the city of New York
such cooperation, information, records  and  data  as  will  assist  the
commission in effectuating such purposes.
2.  The  commission  may  request  and  shall  receive cooperation and
assistance  in  effectuating  the  purposes  of  this   act   from   all
departments,  divisions, boards, bureaus, commissions or agencies of the
state and political subdivisions thereof.  The  commissioner  and  state

rent  administrator shall be deemed to be an officer included within the
provisions of section one hundred sixty-one of the  executive  law,  and
shall  be  accorded  all  the  rights  and  privileges  of  the officers
specified in subdivision one of said section.
§ 8.  Procedure.  1.  After the issuance of any regulation or order by
the commission any person subject to any provision of such regulation or
order may, in accordance  with  regulations  to  be  prescribed  by  the
commission, file a protest against such regulation or order specifically
setting  forth  his  objections to any such provisions and affidavits or
other written evidence in support  of  such  objections.  Statements  in
support of any such regulation or order may be received and incorporated
in  the  record  of the proceedings at such times and in accordance with
such regulations as may  be  prescribed  by  the  commission.  Within  a
reasonable  time  after the filing of any protest under this subdivision
the commission shall either grant or deny such protest in  whole  or  in
part,  notice  such  protest  for  hearing, or provide an opportunity to
present further evidence in connection therewith. In the event that  the
commission  denies  any such protest in whole or in part, the commission
shall inform the protestant of the grounds upon which such  decision  is
based,  and of any economic data and other facts of which the commission
has taken official notice.
2. In the administration of this act the commission may take  official
notice  of  economic  data and other facts, including facts found by the
commission as a result of action taken under section four.
3. Any proceedings under this section may be limited by the commission
to the filing of affidavits, or other written evidence, and  the  filing
of briefs.
4.  Any protest filed under this section shall be granted or denied by
the commission, or granted in part  and  the  remainder  of  it  denied,
within  a  reasonable time after it is filed. If the commission does not
act finally within a period of ninety days after the protest  is  filed,
the  protest  shall  be deemed to be denied. However, the commission may
grant one extension not to exceed thirty days with the  consent  of  the
party  filing  such  protest;  any further extension may only be granted
with the consent of all parties to the protest.  No  proceeding  may  be
brought  pursuant to article seventy-eight of the civil practice law and
rules to challenge any order or determination which is subject  to  such
protest   unless   such   review  has  been  sought  and  either  (1)  a
determination thereon  has  been  made  or  (2)  the  ninety-day  period
provided for determination of the protest (or any extension thereof) has
expired.  If  the  commission  does  not  act finally within a period of
ninety days after the entry of an order of remand to the  commission  by
the court in a proceeding instituted pursuant to section nine, the order
previously  made  by the commission shall be deemed reaffirmed. However,
the commission may grant one extension not to exceed  thirty  days  with
the consent of the petitioner; any further extension may only be granted
with the consent of all parties to the petition.
5.  The  commission  shall  compile  and  make  available  for  public
inspection at reasonable hours at  its  principal  office  and  at  each
appropriate  local  office a copy of each decision hereafter rendered by
it upon granting, or denying, in whole or in part,  any  protests  filed
under this section.
§ 8-a. Major    capital    improvements   and   individual   apartment
improvements in rent  regulated  units.  1.  Notwithstanding  any  other
provision  of law to the contrary, the division of housing and community
renewal,  the  "division",  shall  promulgate  rules   and   regulations
applicable to all rent regulated units that shall:
(a)  establish  a  schedule  of  reasonable  costs  for  major capital
improvements, which shall set  a  ceiling  for  what  can  be  recovered
through  a  temporary  major  capital improvement increase, based on the
type of improvement and its rate of depreciation;
(b)  establish  the  criteria  for  eligibility  of  a temporary major
capital improvement increase including the type  of  improvement,  which
shall   be   essential   for   the   preservation,   energy  efficiency,
functionality  or  infrastructure  of  the  entire  building,  including
heating, windows, plumbing and roofing, but shall not be for operational
costs  or unnecessary cosmetic improvements. Allowable improvements must
additionally be depreciable pursuant to the  Internal  Revenue  Service,
other than for ordinary repairs, that directly or indirectly benefit all
tenants;  and  no  increase  shall  be  approved  for group work done in
individual apartments that is otherwise not an improvement to an  entire
building.  Only  such  costs that are actual, reasonable, and verifiable
may be approved as a temporary major capital improvement increase;
(c) require that any  temporary  major  capital  improvement  increase
granted  pursuant  to  these provisions be reduced by an amount equal to
(i) any governmental grant received by the landlord,  where  such  grant
compensates  the landlord for any improvements required by a city, state
or federal government, an agency or any granting governmental entity  to
be  expended for improvements and (ii) any insurance payment received by
the landlord where such insurance payment compensates the  landlord  for
any part of the costs of the improvements;
(d)   prohibit  temporary  major  capital  improvement  increases  for
buildings with outstanding hazardous or immediately hazardous violations
of the Uniform Fire Prevention and Building  Code  (Uniform  Code),  New
York  City  Fire Code, or New York City Building and Housing Maintenance
Codes, if applicable;
(e) prohibit individual apartment improvement  increases  for  housing
accommodations  with  outstanding  hazardous  or  immediately  hazardous
violations of the Uniform Fire Prevention  and  Building  Code  (Uniform
Code),  New  York  City Fire Code, or New York City Building and Housing
Maintenance Codes, if applicable;
(f)  prohibit  temporary  major  capital  improvement  increases   for
buildings with thirty-five per centum or fewer rent-regulated units;
(g) establish that temporary major capital improvement increases shall
be  fixed  to  the  unit  and shall cease thirty years from the date the
increase became effective. Temporary major capital improvement increases
shall be added to the legal regulated rent as a temporary  increase  and
shall  be  removed  from  the legal regulated rent thirty years from the
date the increase became effective inclusive of any increases granted by
the local rent guidelines board;
(h) establish that temporary major capital improvement increases shall
be collectible prospectively  on  the  first  day  of  the  first  month
beginning  sixty days from the date of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly  increase  in  rent
and  the  first  month  in which the tenant would be required to pay the
temporary  increase.  An  approval  for  a   temporary   major   capital
improvement   increase  shall  not  include  retroactive  payments.  The
collection of any increase shall not exceed two percent in any year from
the effective date of the order granting the increase over the rent  set
forth  in the schedule of gross rents, with collectability of any dollar
excess above said sum to be spread forward  in  similar  increments  and
added  to  the rent as established or set in future years. Upon vacancy,
the landlord may add  any  remaining  balance  of  the  temporary  major
capital   improvement   increases   to   the   legal   regulated   rent.
Notwithstanding any other provision of the law, for  any  renewal  lease

commencing  on  or  after  June  14,  2019,  the  collection of any rent
increases due to any major capital improvements  approved  on  or  after
June  16,  2012 and before June 16, 2019 shall not exceed two percent in
any  year  for  any  tenant  in  occupancy on the date the major capital
improvement was approved;
(i) ensure that the application procedure for temporary major  capital
improvement  increases  shall include an itemized list of work performed
and a description or explanation of the reason or purpose of such work;
(j) provide, that where an application for a major capital improvement
rent increase has been filed, a tenant shall have sixty  days  from  the
date of mailing of a notice of a proceeding in which to answer or reply;
(k)   establish   a   notification  and  documentation  procedure  for
individual apartment improvements that requires an itemized list of work
performed and a description or explanation of the reason or  purpose  of
such  work, inclusive of photographic evidence documenting the condition
prior to and after the completion of the performed work. Provide for the
centralized electronic retention of such  documentation  and  any  other
supporting documentation to be made available in cases pertaining to the
adjustment of legal regulated rents; and
* (l)  establish  a  form  in the top six languages other than English
spoken in the state according to the latest available data from the U.S.
Bureau of Census for a temporary individual apartment  improvement  rent
increase  for  a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the  estimated  total
cost  of  the  improvement and the estimated monthly rent increase. Such
form shall be completed and  preserved  in  the  centralized  electronic
retention  system  to  be  operational  by June 14, 2020. Nothing herein
shall relieve a landlord, lessor, or agent thereof of his or her duty to
retain proper documentation of all improvements performed  or  any  rent
increases resulting from said improvements.
* NB Effective until October 17, 2024
* (l)  establish  a  form  in the top six languages other than English
spoken in the state according to the latest available data from the U.S.
Bureau of Census for an individual apartment improvement  rent  increase
for  a  tenant  in  occupancy which shall be used by landlords to obtain
written informed consent that shall include the estimated total cost  of
the  improvement  and  the estimated monthly rent increase. Such consent
shall be executed in the tenant's primary language. Such form  shall  be
completed  and  preserved in the centralized electronic retention system
to be operational by June 14, 2020, provided further that any changes to
the form required due to  the  individual  apartment  improvement  being
permanent  shall  be  completed  as  of October 14, 2024. Nothing herein
shall relieve a landlord, lessor, or agent thereof of such person's duty
to retain proper documentation of all improvements performed or any rent
increases resulting from said improvements.
* NB Effective October 17, 2024
2. The division shall establish an annual inspection and audit process
which shall review twenty-five percent of applications for  a  temporary
major   capital  improvement  increase  that  have  been  submitted  and
approved. Such process shall include individual inspections and document
review  to  ensure  that  owners  complied  with  all  obligations   and
responsibilities  under  the law for temporary major capital improvement
increases. Inspections shall include in-person  confirmation  that  such
improvements  have  been  completed  in  such  way  as  described in the
application.
3. The division shall issue a notice  to  the  landlord  and  all  the
tenants  sixty  days  prior  to  the  end of the temporary major capital
improvement increase and shall include the initial approved increase and

the total amount to be removed from the legal regulated  rent  inclusive
of any increases granted by the applicable rent guidelines board.
§ 9.  Judicial  review.  1.  Any  person who is aggrieved by the final
determination of a protest may, in accordance with article seventy-eight
of the civil practice law  and  rules,  within  sixty  days  after  such
determination,  commence  a proceeding in the supreme court 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 commission has its  principal  office
or  where  the property is located. The answer shall include a statement
setting forth, so far as practicable, the economic data and other  facts
of  which  the  commission has taken official notice. Upon the filing of
such petition the court  shall  have  jurisdiction  to  set  aside  such
regulation or order, in whole or in part, to dismiss the petition, or to
remit  the  proceeding  to  the  commission; provided, however, that the
regulation or order may be modified or rescinded by  the  commission  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 set forth by the petitioner in the protest or
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 commission,
and the court determines that such  evidence  should  be  admitted,  the
court  shall  order  the evidence to be presented to the commission. The
commission shall promptly receive the same, and such other  evidence  as
the  commission  deems necessary or proper, and thereupon the commission
shall file with the court the original or a transcript thereof  and  any
modification  made  in  regulation  or order as a result thereof; except
that on request by the commission, 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 commission with the
court, shall be returned to the commission.
2. No such regulation or order 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 by law for appeals from a judgment 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 commission may, at the election of
the commission, 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.
3. (a) 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  section eleven involving alleged violation of any
provision  of  any  regulation  or order, 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  a protest filed in accordance with section eight. 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 commission  or  directly  to  the  court,  in
accordance  with  subdivision  one  of  this  section. The provisions of
subdivision two of this section shall be applicable with respect to  any
proceedings instituted in accordance with this subdivision.
(b)  In  any proceeding brought pursuant to section eleven of this act
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  paragraph  (a)  of  this
subdivision with respect to such provision;
(2) during the pendency of any protest properly filed by the defendant
under  section  eight  prior  to the institution of the proceeding under
section eleven of this act, 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 section with respect to such protest or instituted
by the defendant under paragraph (a) of this subdivision with respect to
such provision, and until the expiration of the  time  allowed  in  this
section for the taking of further proceedings with respect thereto.
(c)   Notwithstanding   the   provisions  of  paragraph  (b)  of  this
subdivision, stays shall be granted thereunder in civil proceedings only
after  judgment  and  upon  application  made  within  five  days  after
judgment.    Notwithstanding  the  provisions  of  paragraph (b) of this
subdivision, in the case  of  a  proceeding  under  subdivision  one  of
section  eleven  the  court  granting a stay under paragraph (b) 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  subdivision  two  of  this  section,  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
subdivision, the  pendency  of  any  protest  under  section  eight,  or
judicial proceeding under this section, shall not be grounds for staying
any  proceeding  brought  pursuant  to  section  eleven;  nor, except as
provided in this subdivision, shall any retroacitve effect be  given  to
any judgment setting aside a provision of a regulation or order.
4.  The  method  prescribed  herein  for  the  judicial  review  of  a
regulation or order shall be exclusive.
§  10.  Prohibitions.  1.  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 or otherwise to do or  omit
to  do  any  act,  in  violation of any regulation, order or requirement
hereunder, or to offer, solicit, attempt or  agree  to  do  any  of  the
foregoing.
2.  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 this act or any regulation,
order or requirement thereunder.
3. It shall be unlawful for any officer or employee of the commission,
or for  any  official  adviser  or  consultant  to  the  commission,  to
disclose, otherwise than in the course of official duty, any information
obtained  under  this  act,  or to use any such information for personal
benefit.
4. Nothing in this act shall be construed to  require  any  person  to
offer  any  housing  accommodations for rent, but housing accommodations
already on the rental market may be withdrawn only after  prior  written
approval  of the state rent commission, if such withdrawal requires that
a tenant be evicted from such accommodations.
5. 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.
§ 11. Enforcement. 1. Whenever in the judgment of the  commission  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  section
ten  of  this  act,  the  commission 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  commission
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.
2. Any person who wilfully violates any provision of  section  ten  of
this  act,  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  this act 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 subdivision three of section ten and for not more than one
year in all other cases, or to both such fine and imprisonment. Whenever
the commission has reason to  believe  that  any  person  is  liable  to
punishment  under this subdivision, the commission 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.
3.  Any court shall advance on the docket and expedite the disposition
of any criminal or  other  proceedings  brought  before  it  under  this
section.
4.  No  person  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 this act 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
this  act 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 commission. The commission may intervene in any
such action or proceeding.
5.  If  any  landlord  who  receives  rent  from  a  tenant violates a
regulation or order 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 willful
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
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 subdivision within thirty days
from the date of the occurrence of the violation or is not entitled  for
any  reason  to bring the action, the commission may institute an action
on behalf of the state within such two-year period. If  such  action  is
instituted  by  the  commission, the tenant affected shall thereafter be
barred from bringing an action for the same violation or violations. Any
action under this subdivision by either the tenant or the commission, as
the case may be, may be brought in any court of competent  jurisdiction.
Recovery,  by judgment or otherwise, in an action for damages under this
subdivision shall be a bar to the recovery under this subdivision of any
recovery, by judgment or otherwise, in any other action against the same
landlord on account of the same overcharge or overcharges prior  to  the
institution  of  the  action  in  which  such  recovery  of  damages was
obtained. Where recovery by judgment or  otherwise  is  obtained  in  an
action  instituted by the commission under this subdivision, there shall
be paid over to the tenant from the moneys recovered, one-third of  such
recovery,  exclusive  of  costs  and  disbursement  or the amount of the
overcharge or overcharges, whichever is the greater.
6. If any landlord who receives rent from a tenant violates any  order
containing  a directive that rent collected by the landlord in excess of
the maximum rent be refunded to  the  tenant  within  thirty  days,  the
commission  may, within one year after the expiration of such thirty day
period  or  after  such  order  shall  become final by regulation of the
commission, 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 willful nor the result of
failure  to  take  practical  precautions  against the occurrence of the
violation. If the commission  fails  to  institute  such  action  within
thirty days from the date of the occurrence of the violation, the tenant
paying  such  rent  may  thereafter  institute  an  action  for the same
violation within such one year period, and the liability of the landlord
in such action by the tenant shall be the same as if  such  action  were
brought  by  the  commission.  If  such  action  is  instituted  by  the
commission, the tenant affected shall thereafter be barred from bringing
an action for the same violation. Any action under this  subdivision  by
either  the commission or the tenant, as the case may be, may be brought
in  any  court  of  competent  jurisdiction.  Recovery  by  judgment  or
otherwise  in  an  action under this subdivision based on the failure of
the landlord to make the prescribed refund, shall be a bar  to  recovery
under  this  subdivision of any recovery, by judgment or otherwise, from
the same landlord in any other action instituted on account of the  same
violation, prior to the institution of the action in which such recovery
is  obtained. Where recovery by judgment or otherwise, is obtained in an
action instituted by the commission under this subdivision, there  shall
be  paid  over to the tenant from the moneys recovered one-third of such
recovery, exclusive of costs and disbursements, or  the  amount  of  the
prescribed refund, whichever is greater.
7.  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 to the commission 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. 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.
§ 12. Application. 1. Whenever the commission shall find that, in  any
municipality   specified  by  the  commission,  (a)  the  percentage  of
vacancies in all or any particular class of  housing  accommodations  is
five  per  centum  or  more, or, (b) the availability of adequate rental
housing accommodations and other relevant factors are such  as  to  make

rent  control  unnecessary  for  the purpose of eliminating speculative,
unwarranted,  and  abnormal  increases  in  rents  and   of   preventing
profiteering  and  speculative  and other disruptive practices resulting
from  abnormal  market  conditions  caused  by  congestion, the controls
imposed upon rents by authority of this act in such municipality or with
respect to any particular class of housing accommodations therein  shall
be  abolished in the manner hereinafter provided; provided however that,
except as otherwise provided in  this  section,  no  controls  shall  be
abolished  by  the  commission unless the commission shall hold a public
hearing or hearings on such proposal at  which  interested  persons  are
given a reasonable opportunity to be heard. Notice of such hearing shall
be  provided  by  publication  in  a daily newspaper published or having
general circulation in the municipality affected not less  than  fifteen
days prior to the date of the hearing.
2.  Notwithstanding  the  provisions  of  this  section  or  any other
provision of this act, the local governing  body  of  a  city,  town  or
village  upon  a finding that decontrol in such city, town or village is
warranted after a public hearing upon notice by publication in  a  daily
or  weekly newspaper published or having general circulation in the city
or town not less than twenty days prior to  the  date  of  hearing,  and
after  notice to the commission, may adopt a resolution to decontrol all
or any specified class of housing accommodation in such  city,  town  or
village.    Such resolution shall thereafter be filed with the division.
Upon receipt of any such resolution the controls imposed by authority of
this act shall be abolished in the city, town or village  affected  with
respect  to  housing  accommodations specified in such resolution in the
manner hereinafter specified. Notwithstanding the  foregoing  provisions
of  this  paragraph,  a  city,  town  or village any portion of which is
within the limits of an area designated as a  critical  defense  housing
area  by the federal government at the time of adoption of the decontrol
resolution, shall not become decontrolled without the  approval  of  the
commission.
2-a.  Upon the issuance of an order of decontrol or upon the filing of
a resolution resulting in decontrol of a housing accommodation  pursuant
to subdivision two, such decontrol shall take place:
(a)  if  the landlord and tenant execute a written lease for a term of
not less than two years wherein the landlord agrees to maintain the same
services and equipment required by this act and which  provides  for  an
increase  in  the  maximum rent not in excess of fifteen percent for the
first year and not more than a second  five  percent  increase  for  the
second  year  and  otherwise  continues  the terms and conditions of the
existing tenancy; upon the execution of such lease;
(b) if the landlord offers the tenant a lease in accordance  with  the
terms  provided  in  paragraph  (a) and the tenant fails to execute such
lease, six months from the date that the commission issued the order  or
the  date  the  municipality  filed  the  resolution,  provided that the
landlord has notified the tenant in writing by certified mail  that  his
failure  to  execute  the  lease within thirty days of such notification
will result in the decontrol of the housing accommodation  on  the  date
set forth therein, such date to be the expiration of such thirty days or
such six months, whichever is later; or
(c)  if  the  landlord does not offer the tenant a lease in accordance
with the terms provided in paragraph (a), two years from  the  date  the
commission issued the order or the municipality filed the resolution.
3.  (a) Notwithstanding the provisions of section four or of any other
inconsistent provision of this act, housing  accommodations  subject  to
rent  control  as  provided  for in this act on June thirtieth, nineteen
hundred  fifty-five,  in  any  city  or  town  within  the  counties  of

Cattaraugus,  Chautauqua,  Columbia,  Dutchess,  Erie, Fulton, Herkimer,
Montgomery,  Niagara,  Ontario,  Oswego,  Saratoga,   Seneca,   Steuben,
Suffolk,  Ulster  and Yates shall, subsequent to such date, be no longer
subject  to such rent control, except as hereinafter in this subdivision
provided.
(b) The governing body of  any  such  city  or  town,  as  hereinafter
specified,  may,  and  it  is  hereby  authorized  and  empowered to, by
resolution duly adopted for such purpose not later than June  thirtieth,
nineteen  hundred fifty-five, and declaring the continuance of emergency
conditions therein, elect to be  excluded  from  the  operation  of  the
provisions  of  this  subdivision  providing for the termination of rent
control therein, to the extent specified in such resolution.
In the case of any  such  city  or  town  elsewhere  than  within  the
counties  of  Erie  and  Niagara,  such  resolution may provide for such
exclusion with respect to all or any particular class  of  such  housing
accommodations  within  such  city  or town; and in the case of any such
city or town within the counties of Erie or Niagara, such resolution may
provide for such exclusion with respect to all or any  particular  class
of  such  housing  accommodations  in  such city or town, except (1) one
family houses and (2) two family houses occupied in whole or in part  by
the owner.
In  the event of the adoption of such a resolution in any such city or
town, the provisions of this subdivision providing for  the  termination
of  rent  control  therein  shall not apply with respect to such housing
accommodations within such city or town as specified in  the  resolution
so  adopted.  Any  such  resolution,  upon  adoption, shall forthwith be
transmitted to the commission.
(c) The governing body of any city  or  town  elsewhere  than  in  the
counties  of Columbia, Dutchess and Erie, as hereinafter specified, with
respect to which the provisions of this subdivision  providing  for  the
termination  of  rent  control  therein  are  applicable  and  in effect
subsequent to June thirtieth, nineteen hundred fifty-five, may,  and  it
is  hereby  authorized  and empowered to, by resolution duly adopted for
such purpose at any time subsequent  to  such  date  and  declaring  the
existence  of  emergency  conditions  therein, request the commission to
reestablish the regulation of rents on housing  accommodations  therein,
to the extent specified in such resolution.
In  the case of any such city or town elsewhere than within the county
of Niagara,  such  resolution  may  request  such  reestablishment  with
respect to all or any particular class of such housing accommodations in
such  city  or town; and in the case of any such city or town within the
county of Niagara, such resolution may request such reestablishment with
respect to all or any particular class of such housing accommodations in
such city or town, except (1) one  family  houses  and  (2)  two  family
houses occupied in whole or in part by the owner.
Any  such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall by
regulation or order reestablish the same maximum rents for such  housing
accommodations  within such city or town specified in such resolution as
last previously established by the commission and in  force  and  effect
therein immediately prior to decontrol pursuant to this subdivision. Any
such regulation or order shall take effect on the date specified in such
resolution,  and  thereafter such maximum rents shall be and continue in
force and effect as to such housing accommodations within such  city  or
town  until  changed  or  abolished  in  accordance  with the applicable
provisions of this act, and all the  provisions  of  this  act  applying
generally  with  respect to maximum rents on such housing accommodations
shall apply with respect thereto within such city or town.
(d) Notwithstanding the provisions of section four  or  of  any  other
inconsistent  provision  of  this act, housing accommodations subject to
rent control as provided for in this act  on  June  thirtieth,  nineteen
hundred  fifty-seven,  in  any  city  or  town  within  the  counties of
Columbia,  Dutchess or Erie shall, subsequent to such date, be no longer
subject to such rent control, except as hereinafter in this  subdivision
provided.
The  governing  body  of  any  such  city  or town, as hereinbefore or
hereinafter specified, may, and it is hereby  authorized  and  empowered
to,  by  resolution  adopted  for  such  purpose  not  later  than  June
thirtieth, nineteen hundred fifty-seven, and declaring  the  continuance
of emergency conditions therein, elect to be excluded from the operation
of the provisions of this paragraph (d) providing for the termination of
rent  control  therein, to the extent specified in such resolution. Such
resolution may provide for such exclusion with respect  to  all  or  any
particular  class of housing accommodations subject to such rent control
within such city or town. In  the  event  of  the  adoption  of  such  a
resolution  in  any  such city or town, the provisions of this paragraph
(d) providing for the termination of  rent  control  therein  shall  not
apply  with  respect  to such housing accommodations within such city or
town as specified in the resolution so  adopted.  Any  such  resolution,
upon adoption, shall forthwith be transmitted to the commission.
4.  (a)  Notwithstanding  any  inconsistent provision of this act, the
local governing body of any city or town within the  county  of  Monroe,
the  county  of  Oneida,  the  county  of  Onondaga  or  the  county  of
Schenectady wherein housing accommodations are or shall  be  subject  to
rent control as provided for in this act, by resolution duly adopted for
such purpose not later than June thirtieth, nineteen hundred fifty-five,
may,  and  it  is  hereby  authorized  and  empowered to, elect that the
provisions of paragraph (j) of subdivision two  of  section  two  hereof
excepting housing accommodations in one family houses, and in two family
houses  occupied  in  whole  or  in  part  by the owner thereof, in such
counties from the classifications of housing accommodations  subject  to
rent  control  shall not apply in such city or town; and in the event of
the adoption of such a resolution in any such city or town, such housing
accommodations specified in such subdivision within such  city  or  town
shall  continue to be subject to rent control. Any such resolution, upon
adoption, shall forthwith be transmitted to the commission.
(b) Notwithstanding any inconsistent provision of this act, the  local
governing  body  of  any  city  or town within the county of Monroe, the
county  of  Oneida  or  the  county  of  Schenectady   wherein   housing
accommodations  are  or  shall be subject to rent control as provided in
this act, and wherein the provisions of paragraph (j) of subdivision two
of section two hereof excepting housing  accommodations  in  one  family
houses,  and  in  two  family houses occupied in whole or in part by the
owner thereof, in such city or town, from the classifications of housing
accommodations  subject  to  rent  control  are  in  force  and   effect
subsequent to June thirtieth, nineteen hundred fifty-five, by resolution
duly  adopted for such purpose at any time subsequent to such date, may,
and it is hereby authorized and empowered to, request the commission  to
reestablish  the  regulation  of  rents  on  such housing accommodations
therein.
Any such resolution, upon adoption, shall forthwith be transmitted  to
the commission. Upon receipt of such resolution, the commission shall by
regulation  or order reestablish the same maximum rents for such housing
accommodations within such city or town as last  previously  established
by  the  commission and in force and effect therein immediately prior to
decontrol pursuant to the provisions of paragraph (j) of subdivision two

of section two hereof. Any such regulation or order shall take effect on
the date specified in such resolution, and thereafter such maximum rents
shall  be  and  continue  in  force  and  effect  as  to  such   housing
accommodations  within  such  city or town until changed or abolished in
accordance with the applicable provisions  of  this  act,  and  all  the
provisions  of this act applying generally with respect to maximum rents
on such housing accommodations shall apply with respect  thereto  within
such city or town.
5.  Notwithstanding  any inconsistent provision of this act, the local
governing body of any city or town other than  the  city  of  New  York,
wherein  housing  accommodations are or shall be subject to rent control
as provided for in this act, by resolution duly adopted for such purpose
not later than June thirtieth, nineteen hundred fifty-seven, may, and it
is hereby authorized and empowered to,  elect  that  the  provisions  of
paragraph (k) of subdivision two of section two hereof excepting housing
accommodations,  other  than  housing  accommodations  used  as boarding
houses or rooming houses in the  county  of  Westchester  which  are  or
become vacant therein from the classifications of housing accommodations
subject to rent control shall not apply in such city or town; and in the
event  of  the  adoption of such a resolution in any such city, or town,
such housing accommodations specified in such  subdivision  within  such
city or town shall continue to be subject to rent control in like manner
as  before.  Any  such  resolution,  upon  adoption,  shall forthwith be
transmitted to the commission.
6. Notwithstanding any inconsistent provision of this act,  the  local
governing  body  of  the  city of Albany, by resolution duly adopted for
such purpose not later than June thirtieth, nineteen hundred sixty-five,
determining the existence of a public emergency requiring the regulation
and control of residential rents and evictions within such  city,  which
determination shall follow a survey which such city shall have caused to
be  made  of  the supply of housing accommodations within such city, the
condition of such accommodations and the need  for  re-establishing  the
regulation  and  control  of residential rents and evictions within such
city, may, and it is hereby authorized  and  empowered  to  request  the
commission  to re-establish the regulations of rents with respect to all
or any particular class of housing accommodations in the city of Albany,
to the extent specified in such resolution.
Any such resolution, upon adoption, shall forthwith be transmitted  to
the  commission.  Upon  receipt of such resolution, the commission shall
forthwith by regulation or order fix as the maximum rents  therefor  the
rents  which  were lawfully chargeable therefor on April first, nineteen
hundred sixty-two, in accordance with  the  request  contained  in  such
resolution.  Any such regulation or order recontrolling rents shall take
effect on the date specified in  such  resolution,  and  thereafter  the
maximum  rents  established  thereby  shall be and continue in force and
effect as to such housing accommodations within such city until  changed
or  abolished  in  accordance with the applicable provisions of this act
and the regulations adopted thereunder, and all the provisions  of  this
act  applying  generally  with  respect to maximum rents on such housing
accommodations and evictions therefrom shall apply with respect  thereto
within such city.
7.  Notwithstanding  any inconsistent provision of this act, the local
governing body of the city of Mount Vernon, by resolution  duly  adopted
for  such  purpose not later than sixty days after the effective date of
this subdivision,  determining  the  existence  of  a  public  emergency
requiring  the regulation and control of residential rents and evictions
within such city and the need for  re-establishing  the  regulation  and
control  of residential rents and evictions within such city for housing

accommodations subject to the provisions of this act on the first day of
June, nineteen hundred eighty-three, may, and it  is  hereby  authorized
and  empowered  to request the division of housing and community renewal
to  re-establish  the  regulations of rents with respect to such housing
accommodations in the city of Mount Vernon, to the extent  specified  in
such resolution.
Any  such resolution, upon adoption, shall forthwith be transmitted to
the division of housing and community  renewal.  Upon  receipt  of  such
resolution,   the  division  of  housing  and  community  renewal  shall
forthwith by regulation or order fix as the maximum rents  therefor  the
rents  which  were  lawfully chargeable therefor on June first, nineteen
hundred eighty-three, in accordance with the request contained  in  such
resolution.  Any  such  regulation or order recontrolling rents shall be
deemed to have been in full force and effect on and after the first  day
of June, nineteen hundred eighty-three, and thereafter the maximum rents
established thereby shall be and continue in force and effect as to such
housing  accommodations  within  such city until changed or abolished in
accordance  with  the  applicable  provisions  of  this  act   and   the
regulations  adopted  thereunder,  and  all  the  provisions of this act
applying generally  with  respect  to  maximum  rents  on  such  housing
accommodations  and evictions therefrom shall apply with respect thereto
within such city.
§  13.  Pending  proceedings.  The  commission  may  provide  for  and
authorize  the  continued  processing  of  any application or proceeding
pending at the time this act becomes effective, provided, however,  that
the final determination of the commission in such pending application or
proceeding shall not be inconsistent with this act.
§ 14. Intent. 1. It is the intention of this act to subject to control
only those housing accommodations, as that term is defined herein, which
were  subject to rent control and for which a maximum rent was in effect
on March first, nineteen hundred fifty, pursuant  to  federal  or  local
laws,   and   in   the   discretion  of  the  commission  those  housing
accommodations for which a  maximum  rent  was  thereafter  established,
pursuant to the provisions of section four hereof.
2.  Any  reference  made  in  this  act to the local laws specified in
chapter one of the laws of nineteen hundred fifty shall be deemed to  be
solely for the purposes of identification, and if any of such laws shall
be  held  invalid,  the  reference  made  herein  and  any  maximum rent
established hereunder shall not be affected thereby.
3. The provisions of this section shall be  deemed  to  supersede  any
other inconsistent provisions of this act.
4.  Notwithstanding  the  decontrol  of housing accommodations therein
pursuant to this act, unless otherwise provided herein, no  municipality
shall   have  the  power  to  adopt  local  laws  with  respect  to  the
registration or control of  rents  or  evictions  or  otherwise  to  the
subject matter of this act.
§ 15. Separability. If any provision of this act or the application of
such provision to any person or circumstances shall be held invalid, the
validity  of  the  remainder  of  the  act and the applicability of such
provision to other  persons  or  circumstances  shall  not  be  affected
thereby.
§ 16.  Except  for matters pending before the commission, no action or
proceeding, civil or criminal, pending at the  time  when  this  act  as
amended  shall  take effect, brought by or against the commission, shall
be affected or abated by the  enactment  of  this  act  or  by  anything
therein contained. No existing right or remedy of any character shall be
lost or impaired or affected by such enactment.
§ 17.  Short  title.  This  act shall be known and may be cited as the
emergency housing rent control law.