2023 New York Laws › MDW - Multiple Dwelling › Article 7-A - Temporary Provisions › 260 - Recovery of Rent for Certain Non-Complying Premises Restricted During Emergency Period.

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