New York · statute · N.Y. Emergency Tenant Protection Act 576/74 Law · 18 active provisions
§ 4. The emergency tenant protection act of nineteen hundred seventy-four is hereby enacted to read as follows: EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR Section 1. Short title. 2. Legislative finding. 3. Local determination of emergency; end of emergency. 4. Establishment of rent guidelines boards; duti…
Section 1. Short title. This act shall be known and may be cited as the "emergency tenant protection act of nineteen seventy-four".
§ 2. Legislative finding. The legislature hereby finds and declares that a serious public emergency continues to exist in the housing of a considerable number of persons in the state of New York, that such emergency necessitates the intervention of federal, state and local government in order to prevent speculative, un…
§ 3. Local determination of emergency; end of emergency. a. The existence of public emergency requiring the regulation of residential rents for all or any class or classes of housing accommodations, including any plot or parcel of land which had been rented prior to May first, nineteen hundred fifty, for the purpose of…
§ 4. Establishment of rent guidelines boards; duties. a. In each county wherein any city having a population of less than one million or any town or village has determined the existence of an emergency pursuant to section three of this act, there shall be created a rent guidelines board to consist of nine members appoi…
§ 5. Housing accommodations subject to regulation. a. A declaration of emergency may be made pursuant to section three as to all or any class or classes of housing accommodations in a municipality, except: (1) housing accommodations subject to the emergency housing rent control law, or the local emergency housing rent…
§ 6. Regulation of rents. a. Notwithstanding the provisions of any lease or other rental agreement, no owner shall, on or after the first day of the first month or other rental period following a declaration of emergency pursuant to section three, which date shall be referred to in this act as the local effective date,…
§ 7. Maintenance of services. a. In order to collect a rent adjustment authorized pursuant to the provisions of subdivision b of section four, the owner of housing accommodations subject to this act located in a city having a population of less than one million or a town or village must file with the state division of…
§ 8. Administration. a. Whenever a city having a population of less than one million, or a town or village has determined the existence of an emergency pursuant to section three of this act, the state division of housing and community renewal shall be designated as the sole administrative agency to administer the regul…
§ 9. Application for adjustment of initial legal regulated rent. a. The owner or tenant of a housing accommodation described in paragraph one or two of subdivision b of section six may, within sixty days of the local effective date of this act or the commencement of the first tenancy thereafter, whichever is later, fil…
§ 10. Regulations. a. For cities having a population of less than one million and towns and villages, the state division of housing and community renewal shall be empowered to implement this act by appropriate regulations. Such regulations may encompass such speculative or manipulative practices or renting or leasing p…
§ 10-a. Right to sublease. Units subject to this law may be sublet pursuant to section two hundred twenty-six-b of the real property law provided that (a) the rental charged to the subtenant does not exceed the legal regulated rent plus a ten percent surcharge payable to the tenant if the unit sublet was furnished with…
§ 10-b. Major capital improvements and individual apartment improvements in rent regulated units. (a) 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: 1. es…
§ 11. Non-waiver of rights. Any provision of a lease or other rental agreement which purports to waive a tenant's rights under this act or regulations promulgated pursuant thereto shall be void as contrary to public policy.
§ 12. Enforcement and procedures. a. (1) Subject to the conditions and limitations of this paragraph, any owner of housing accommodations in a city having a population of less than one million or a town or village as to which an emergency has been declared pursuant to section three, who, upon complaint of a tenant or o…
§ 12-a. Rent registration. a. Each housing accommodation in a city having a population of less than one million or a town or village as to which an emergency has been declared pursuant to section three of this act which is subject to this act shall be registered by the owner thereof with the state division of housing a…
§ 13. Cooperation with other governmental agencies. The state division of housing and community renewal and any rent guidelines board 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 a…
§ 14. Application of act. The provisions of this act shall be applicable: a. in the city of New York; and b. in all counties within the state of New York outside the city of New York and shall become and remain effective only in a city, town or village located therein as provided in section three of this act.