New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.19 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever the
					 administrator shall find that, in any municipality specified by the
					 administrator, (1) the percentage of vacancies in all or any particular class
					 of housing accommodations is five per centum or more, or (2) 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 the 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 administrator unless the administrator
					 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 15 days prior to
					 the date of the hearing.
(b)
					 Notwithstanding the provisions of this section or any other provision of the
					 act, the local governing body of a city or town or village, upon a finding that
					 decontrol in such city or 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 or village not less than 20 days prior
					 to the date of hearing, and after notice to the administrator, may adopt a
					 resolution to decontrol all or any specified class of housing accommodation in
					 such city or town or village. Such resolution shall thereafter be filed with
					 the administrator. Upon receipt of any such resolution, the controls imposed by
					 authority of the act shall be abolished in the city or town or village affected
					 with respect to housing accommodations specified in such resolution in the
					 manner hereinafter specified. Notwithstanding the foregoing provisions of this
					 subdivision, a city or 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 administrator.
(c) Upon the issuance of an order of
					 decontrol pursuant to subdivision (a) of this section or upon the filing of a
					 resolution resulting in decontrol of a housing accommodation pursuant to
					 subdivision (b) of this section, such decontrol shall take place in the manner
					 hereinafter specified:
(1) 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 the act and which provides for an increase in the maximum rent not
					 in excess of 15 percent for the first year and not more than an additional five
					 percent increase for the second year, and otherwise continues the terms and
					 conditions of the existing tenancy, decontrol shall take place upon the
					 execution of such lease;
(2) If the
					 landlord offers the tenant a lease in accordance with the terms provided in
					 paragraph (1) of this subdivision and the tenant fails to execute such lease,
					 and if the landlord notifies the tenant in writing by certified mail that his
					 failure to execute the lease within 30 days of such notification will result in
					 the decontrol of the housing accommodations, decontrol shall take place on the
					 expiration of six months from the date the administrator abolished controls
					 pursuant to subdivision (a) of this section or the date the municipality filed
					 the resolution with the administrator pursuant to subdivision (b) of this
					 section, whichever is applicable, or the expiration date of the 30-day period,
					 if it is later than the applicable six-month date.
(3) If the landlord does not offer the tenant
					 a lease in accordance with the terms provided in paragraph (1) of this
					 subdivision or does not serve the notice provided in paragraph (2) of this
					 subdivision, decontrol shall take place two years from the date the
					 administrator issued the order pursuant to paragraph (1) or the municipality
					 filed the resolution with the administrator pursuant to paragraph (2),
					 whichever is applicable.