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 2100.9 - Housing accommodations not subject to rent control

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
This Subchapter shall not apply to the following:
(a) Housing accommodations owned and operated
					 by the United States, the State of New York or any political subdivision
					 thereof, or by a municipal or public authority, only so long as they are so
					 owned and operated or 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 the powers granted under laws other
					 than the Emergency Housing Rent Contral Law.
(b) A hospital, convent, monastery, asylum,
					 public institution, or college or school dormitory or any institution operated
					 exclusively for charitable or educational purposes on a nonprofit
					 basis.
(c) Housing accommodations
					 which were completed on or after February 1, 1947, provided, however, that
					 maximum rents established under the Veterans' Emergency Housing Act for
					 priority constructed housing accommodations completed on or after February 1,
					 1947, 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 30,
					 1947, either occupied such housing accommodations, or had a right to occupy
					 such housing accommodations at any time on or after July 1, 1947, under any
					 agreement whether written or oral.
(d) Housing accommodations created by a
					 change from a nonhousing to a housing use on or after February 1, 1947,
					 provided, however, that where a municipal department having jurisdiction has
					 certified or certifies the housing accommodations to be a fire hazard or in a
					 continued dangerous condition or detrimental to life or health, such housing
					 accommodations shall be subject to this Subchapter, but only so long as such
					 illegal or hazardous condition continues and without further certification with
					 respect thereto.
(e) Additional
					 housing accommodations, other than rooming house accommodations, created by
					 conversion on or after February 1, 1947 and prior to May 1, 1950, provided,
					 however, that where a municipal department having jurisdiction has certified or
					 certifies the housing accommodations to be a fire hazard or in a continued
					 dangerous condition or detrimental to life or health, such housing
					 accommodations shall be subject to this Subchapter, but only so long as such
					 illegal or hazardous condition continues and without further certification with
					 respect thereto.
(f) Rooms or other
					 housing accommodations in hotels except that a room or housing accommodation
					 occupied by a hotel tenant as herein defined in the city of Buffalo is subject
					 to this Subchapter so long as such tenant occupies the same.
(g) 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.
(h) 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 (spouses 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.