LBD10073-01-7
A. 6770 2
employees of such occupants residing therein in connection with such
employment and excluding bona fide subtenants in occupancy pursuant to
the provisions of section two hundred twenty-six-b of the real property
law. In the case where a housing accommodation is sublet, the annual
income of the sublessor shall be considered.
2. Deregulation income threshold means total annual income equal to
one hundred seventy-five thousand dollars in each of the two preceding
calendar years for proceedings commenced before July first, two thousand
eleven. For proceedings commenced on or after July first, two thousand
[eleven] SIXTEEN, the deregulation income threshold means the total
annual income equal to [two hundred] ONE HUNDRED TWENTY-FIVE thousand
dollars in each of the two preceding calendar years.
[3. Deregulation rent threshold means two thousand dollars for
proceedings commenced prior to July first, two thousand eleven. For
proceedings commenced on or after July first, two thousand eleven, the
deregulation rent threshold means two thousand five hundred dollars. For
proceedings commenced on or after July first, two thousand fifteen, the
deregulation rent threshold means two thousand seven hundred dollars,
provided, however, that on January 1, 2016, and annually thereafter, the
maximum legal regulated rent for this deregulation threshold shall be
adjusted by the same percentage as the most recent one year renewal
adjustment adopted by the rent guidelines board.]
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the maximum monthly rent equals
or exceeds the deregulation rent threshold] may provide the tenant or
tenants residing therein with an income certification form prepared by
the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to in subdivision (a) of
this section and shall certify whether the total annual income is in
excess of the deregulation income threshold in each of the two preceding
calendar years. Such income certification form shall state that the
income level certified to by the tenant may be subject to verification
by the department of taxation and finance pursuant to section one
hundred seventy-one-b of the tax law and shall not require disclosure of
any income information other than whether the aforementioned threshold
has been exceeded. Such income certification form shall clearly state
that: (i) [only tenants residing in housing accommodations which had a
maximum monthly rent equal to or in excess of the deregulation rent
threshold are required to complete the certification form; (ii) that]
tenants have protections available to them which are designed to prevent
harassment; [(iii) that] AND (II) tenants are not required to provide
any information regarding their income except that which is requested on
the form and may contain such other information the division deems
appropriate. The tenant or tenants shall return the completed certif-
ication to the owner within thirty days after service upon the tenant or
tenants. In the event that the total annual income as certified is in
excess of the deregulation income threshold in each of the two preceding
calendar years, the owner may file the certification with the state
division of housing and community renewal on or before June thirtieth of
such year. Upon filing such certification with the division, the divi-
sion shall, within thirty days after the filing, issue an order of
deregulation providing that such housing accommodations shall not be
subject to the provisions of this law as of the first day of June in the
year next succeeding the filing of the certification by the owner. A
copy of such order shall be mailed by regular and certified mail, return
A. 6770 3
receipt requested, to the tenant or tenants and a copy thereof shall be
mailed to the owner.
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants that such tenant or
tenants must provide the division with such information as the division
and the department of taxation and finance shall require to verify
whether the total annual income exceeds the deregulation income thresh-
old in each of the two preceding calendar years. The division's notifi-
cation shall require the tenant or tenants to provide the information to
the division within sixty days of service upon such tenant or tenants
and shall include a warning in bold faced type that failure to respond
will result in an order of deregulation being issued by the division for
such housing accommodation.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
thirty days within which to comment on such verification results. Within
forty-five days after the expiration of the comment period, the division
shall, where appropriate, issue an order of deregulation providing that
such housing accommodation shall not be subject to the provisions of
this law as of the first day of March in the year next succeeding the
filing of the owner's petition with the division. A copy of such order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order of
deregulation providing that such housing accommodation shall not be
subject to the provisions of this law as of the first day of March in
the year next succeeding the last day on which the tenant or tenants
were required to provide the information required by such paragraph. A
copy of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
(d) This section shall apply only to paragraph (m) of subdivision two
of section two of this law.
(e) Upon receipt of such order of deregulation pursuant to this
section, an owner shall offer the housing accommodation subject to such
order to the tenant at a rent not in excess of the market rent, which
for the purposes of this section means a rent obtainable in an arm's
length transaction. Such rental offer shall be made by the owner in
writing to the tenant by certified and regular mail and shall inform the
tenant that such offer must be accepted in writing within ten days of
A. 6770 4
receipt. The tenant shall respond within ten days after receipt of such
offer. If the tenant declines the offer or fails to respond within such
period, the owner may commence an action or proceeding for the eviction
of such tenant.
§ 3. Section 26-403.1 of the administrative code of the city of New
York, as amended by section 34 of part B of chapter 97 of the laws of
2011, and paragraph 3 of subdivision (a) as amended by section 15 of
part A of chapter 20 of the laws of 2015, is amended to read as follows:
§ 26-403.1 High income rent deregulation. (a) 1. For purposes of this
section, annual income shall mean the federal adjusted gross income as
reported on the New York state income tax return. Total annual income
means the sum of the annual incomes of all persons who occupy the hous-
ing accommodation as their primary residence other than on a temporary
basis, excluding bona fide employees of such occupants residing therein
in connection with such employment and excluding bona fide subtenants in
occupancy pursuant to the provisions of section two hundred twenty-six-b
of the real property law. In the case where a housing accommodation is
sublet, the annual income of the sublessor shall be considered.
2. Deregulation income threshold means total annual income equal to
one hundred seventy-five thousand dollars in each of the two preceding
calendar years for proceedings commenced prior to July first, two thou-
sand eleven. For proceedings commenced on or after July first, two thou-
sand [eleven] SIXTEEN, the deregulation income threshold means the total
annual income equal to [two hundred] ONE HUNDRED TWENTY-FIVE thousand
dollars in each of the two preceding calendar years.
[3. Deregulation rent threshold means two thousand dollars for
proceedings commenced before July first, two thousand eleven. For
proceedings commenced on or after July first, two thousand eleven, the
deregulation rent threshold means two thousand five hundred dollars. For
proceedings commenced on or after July first, two thousand fifteen, the
deregulation rent threshold means two thousand seven hundred dollars,
provided, however, that on January first, two thousand sixteen, and
annually thereafter, such deregulation rent threshold shall be adjusted
by the same percentage as the most recent one year renewal adjustment
adopted by the relevant guidelines board.]
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the maximum rent equals or
exceeds the deregulation rent threshold] may provide the tenant or
tenants residing therein with an income certification form prepared by
the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to in subdivision (a) of
this section and shall certify whether the total annual income is in
excess of the deregulation income threshold in each of the two preceding
calendar years. Such income certification form shall state that the
income level certified to by the tenant may be subject to verification
by the department of taxation and finance pursuant to section one
hundred seventy-one-b of the tax law and shall not require disclosure of
any income information other than whether the aforementioned threshold
has been exceeded. Such income certification form shall clearly state
that: (i) [only tenants residing in housing accommodations which have a
maximum monthly rent that equals or exceeds the deregulation rent thres-
hold are required to complete the certification form; (ii) that] tenants
have protections available to them which are designed to prevent harass-
ment; [(iii) that] AND (II) tenants are not required to provide any
information regarding their income except that which is requested on the
form and may contain such other information the division deems appropri-
A. 6770 5
ate. The tenant or tenants shall return the completed certification to
the owner within thirty days after service upon the tenant or tenants.
In the event that the total annual income as certified is in excess of
the deregulation income threshold in each of the two preceding calendar
years, the owner may file the certification with the state division of
housing and community renewal on or before June thirtieth of such year.
Upon filing such certification with the division, the division shall,
within thirty days after the filing, issue an order of deregulation
providing that such housing accommodations shall not be subject to the
provisions of this law as of the first day of June in the year next
succeeding the filing of the certification by the owner. A copy of such
order shall be mailed by regular and certified mail, return receipt
requested, to the tenant or tenants and a copy thereof shall be mailed
to the owner.
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants that such tenant or
tenants must provide the division with such information as the division
and the department of taxation and finance shall require to verify
whether the total annual income exceeds the deregulation income thresh-
old in each of the two preceding calendar years. The division's notifi-
cation shall require the tenant or tenants to provide the information to
the division within sixty days of service upon such tenant or tenants
and shall include a warning in bold faced type that failure to respond
will result in an order of deregulation being issued by the division for
such housing accommodation.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
thirty days within which to comment on such verification results. Within
forty-five days after the expiration of the comment period, the division
shall, where appropriate, issue an order of deregulation providing that
such housing accommodation shall not be subject to the provisions of
this law as of the first day of March in the year next succeeding the
filing of the owner's petition with the division. A copy of such order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order of
deregulation providing that such housing accommodation shall not be
subject to the provisions of this law as of the first day of March in
the year next succeeding the last day on which the tenant or tenants
were required to provide the information required by such paragraph. A
copy of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
A. 6770 6
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
(d) This section shall apply only to subparagraph (j) of paragraph two
of subdivision e of section 26-403 of this chapter.
(e) Upon receipt of such order of deregulation pursuant to this
section, an owner shall offer the housing accommodation subject to such
order to the tenant at a rent not in excess of the market rent, which
for the purposes of this section means a rent obtainable in an arm's
length transaction. Such rental offer shall be made by the owner in
writing to the tenant by certified and regular mail and shall inform the
tenant that such offer must be accepted in writing within ten days of
receipt. The tenant shall respond within ten days after receipt of such
offer. If the tenant declines the offer or fails to respond within such
period, the owner may commence an action or proceeding for the eviction
of such tenant.
§ 4. Subparagraph (k) of paragraph 2 of subdivision e of section
26-403 of the administrative code of the city of New York is REPEALED.
§ 5. Section 26-504.1 of the administrative code of the city of New
York, as amended by section 35 of part B of chapter 97 of the laws of
2011, is amended to read as follows:
§ 26-504.1 Exclusion of accommodations of high income renters. Upon
the issuance of an order by the division, "housing accommodations" shall
not include housing accommodations which[: (1)] are occupied by persons
who have a total annual income, as defined in and subject to the limita-
tions and process set forth in section 26-504.3 of this chapter, in
excess of the deregulation income threshold, as defined in section
26-504.3 of this chapter, for each of the two preceding calendar years[;
and (2) have a legal regulated monthly rent that equals or exceeds the
deregulation rent threshold, as defined in section 26-504.3 of this
chapter]. Provided, however, that this exclusion shall not apply to
housing accommodations which became or become subject to this law (a) by
virtue of receiving tax benefits pursuant to section four hundred twen-
ty-one-a or four hundred eighty-nine of the real property tax law,
except as otherwise provided in subparagraph (i) of paragraph (f) of
subdivision two of section four hundred twenty-one-a of the real proper-
ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
law.
§ 6. Section 26-504.2 of the administrative code of the city of New
York is REPEALED.
§ 7. Section 26-504.3 of the administrative code of the city of New
York, as amended by section 36 of part B of chapter 97 of the laws of
2011, and paragraph 3 of subdivision (a) as amended by section 16 of
part A of chapter 20 of the laws of 2015, is amended to read as follows:
§ 26-504.3 High income rent deregulation. (a) 1. For purposes of this
section, annual income shall mean the federal adjusted gross income as
reported on the New York state income tax return. Total annual income
means the sum of the annual incomes of all persons whose names are
recited as the tenant or co-tenant on a lease who occupy the housing
accommodation and all other persons that occupy the housing accommo-
dation as their primary residence on other than a temporary basis,
excluding bona fide employees of such occupants residing therein in
connection with such employment and excluding bona fide subtenants in
occupancy pursuant to the provisions of section two hundred twenty-six-b
of the real property law. In the case where a housing accommodation is
sublet, the annual income of the tenant or co-tenant recited on the
A. 6770 7
lease who will reoccupy the housing accommodation upon the expiration of
the sublease shall be considered.
2. Deregulation income threshold means total annual income equal to
one hundred seventy-five thousand dollars in each of the two preceding
calendar years for proceedings commenced before July first, two thousand
eleven. For proceedings commenced on or after July first, two thousand
[eleven] SIXTEEN, the deregulation income threshold means the total
annual income equal to [two hundred] ONE HUNDRED TWENTY-FIVE thousand
dollars in each of the two preceding calendar years.
[3. Deregulation rent threshold means two thousand dollars for
proceedings commenced before July first, two thousand eleven. For
proceedings commenced on or after July first, two thousand eleven, the
deregulation rent threshold means two thousand five hundred dollars. For
proceedings commenced on or after July first, two thousand fifteen, the
deregulation rent threshold means two thousand seven hundred dollars,
provided, however, that on January first, two thousand sixteen, and
annually thereafter, such deregulation rent threshold shall be adjusted
by the same percentage as the most recent one year renewal adjustment
adopted by the relevant guidelines board.]
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the legal regulated rent equals
or exceeds the deregulation rent threshold] may provide the tenant or
tenants residing therein with an income certification form prepared by
the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to in subdivision (a) of
this section and shall certify whether the total annual income is in
excess of the deregulation income threshold in each of the two preceding
calendar years. Such income certification form shall state that the
income level certified to by the tenant may be subject to verification
by the department of taxation and finance pursuant to section one
hundred seventy-one-b of the tax law and shall not require disclosure of
any income information other than whether the aforementioned threshold
has been exceeded. Such income certification form shall clearly state
that: (i) [only tenants residing in housing accommodations which have a
legal regulated monthly rent, that equals or exceeds the deregulation
rent threshold are required to complete the certification form; (ii)
that] tenants have protections available to them which are designed to
prevent harassment; [(iii) that] AND (II) tenants are not required to
provide any information regarding their income except that which is
requested on the form and may contain such other information the divi-
sion deems appropriate. The tenant or tenants shall return the completed
certification to the owner within thirty days after service upon the
tenant or tenants. In the event that the total annual income as certi-
fied is in excess of the deregulation income threshold in each of the
two preceding calendar years, the owner may file the certification with
the state division of housing and community renewal on or before June
thirtieth of such year. Upon filing such certification with the divi-
sion, the division shall, within thirty days after the filing, issue an
order providing that such housing accommodation shall not be subject to
the provisions of this act upon the expiration of the existing lease. A
copy of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
mailed to the owner.
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
A. 6770 8
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants named on the lease that
such tenant or tenants must provide the division with such information
as the division and the department of taxation and finance shall require
to verify whether the total annual income exceeds the deregulation
income threshold in each of the two preceding calendar years. The divi-
sion's notification shall require the tenant or tenants to provide the
information to the division within sixty days of service upon such
tenant or tenants and shall include a warning in bold faced type that
failure to respond will result in an order being issued by the division
providing that such housing accommodation shall not be subject to the
provisions of this law.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
thirty days within which to comment on such verification results. Within
forty-five days after the expiration of the comment period, the division
shall, where appropriate, issue an order providing that such housing
accommodation shall not be subject to the provisions of this law upon
the expiration of the existing lease. A copy of such order shall be
mailed by regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order provid-
ing that such housing accommodation shall not be subject to the
provisions of this law upon the expiration of the current lease. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
(d) This section shall apply only to section 26-504.1 of this chapter.
(e) Upon receipt of such order of deregulation pursuant to this
section, an owner shall offer the housing accommodation subject to such
order to the tenant at a rent not in excess of the market rent, which
for the purposes of this section means a rent obtainable in an arm's
length transaction. Such rental offer shall be made by the owner in
writing to the tenant by certified and regular mail and shall inform the
tenant that such offer must be accepted in writing within ten days of
receipt. The tenant shall respond within ten days after receipt of such
offer. If the tenant declines the offer or fails to respond within such
period, the owner may commence an action or proceeding for the eviction
of such tenant.
§ 8. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four is REPEALED.
A. 6770 9
§ 9. Section 5-a of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, as amended by section 30 of part B of chapter 97 of the laws of
2011, and paragraph 3 of subdivision (a) as amended by section 13 of
part A of chapter 20 of the laws of 2015, is amended to read as follows:
§ 5-a. High income rent deregulation. (a) 1. For purposes of this
section, annual income shall mean the federal adjusted gross income as
reported on the New York state income tax return. Total annual income
means the sum of the annual incomes of all persons whose names are
recited as the tenant or co-tenant on a lease who occupy the housing
accommodation and all other persons that occupy the housing accommo-
dation as their primary residence on other than a temporary basis,
excluding bona fide employees of such occupants residing therein in
connection with such employment and excluding bona fide subtenants in
occupancy pursuant to the provisions of section two hundred twenty-six-b
of the real property law. In the case where a housing accommodation is
sublet, the annual income of the tenant or co-tenant recited on the
lease who will reoccupy the housing accommodation upon the expiration of
the sublease shall be considered.
2. Deregulation income threshold means total annual income equal to
one hundred seventy-five thousand dollars in each of the two preceding
calendar years for proceedings commenced before July first, two thousand
eleven. For proceedings commenced on or after July first, two thousand
[eleven] SIXTEEN, the deregulation income threshold means the total
annual income equal to [two hundred] ONE HUNDRED TWENTY-FIVE thousand
dollars in each of the two preceding calendar years.
[3. Deregulation rent threshold means two thousand dollars for
proceedings commenced before July first, two thousand eleven. For
proceedings commenced on or after July first, two thousand eleven, the
deregulation rent threshold means two thousand five hundred dollars.
For proceedings commenced on or after July first, two thousand fifteen,
the deregulation rent threshold means two thousand seven hundred
dollars, provided, however that on January 1, 2016, and annually there-
after, the maximum legal regulated rent for this deregulation threshold
shall be adjusted by the same percentage as the most recent one year
renewal adjustment adopted by the rent guidelines board.]
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the legal regulated monthly
rent equals or exceeds the deregulation rent threshold] may provide the
tenant or tenants residing therein with an income certification form
prepared by the division of housing and community renewal on which such
tenant or tenants shall identify all persons referred to in subdivision
(a) of this section and shall certify whether the total annual income is
in excess of the deregulation income threshold in each of the two
preceding calendar years. Such income certification form shall state
that the income level certified to by the tenant may be subject to
verification by the department of taxation and finance pursuant to
section one hundred seventy-one-b of the tax law, and shall not require
disclosure of any information other than whether the aforementioned
threshold has been exceeded. Such income certification form shall clear-
ly state that: (i) [only tenants residing in housing accommodations
which had a legal regulated monthly rent that equals or exceeds the
deregulation rent threshold are required to complete the certification
form; (ii) that] tenants have protections available to them which are
designed to prevent harassment; [(iii) that] AND (II) tenants are not
required to provide any information regarding their income except that
A. 6770 10
which is requested on the form and may contain such other information
the division deems appropriate. The tenant or tenants shall return the
completed certification to the owner within thirty days after service
upon the tenant or tenants. In the event that the total annual income as
certified is in excess of the deregulation income threshold in each of
the two preceding calendar years, the owner may file the certification
with the state division of housing and community renewal on or before
June thirtieth of such year. Upon filing such certification with the
division, the division shall, within thirty days after the filing, issue
an order providing that such housing accommodation shall not be subject
to the provisions of this act upon the expiration of the existing lease.
A copy of such order shall be mailed by regular and certified mail,
return receipt requested, to the tenant or tenants and a copy thereof
shall be mailed to the owner.
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants that such tenant or
tenants named on the lease must provide the division with such informa-
tion as the division and the department of taxation and finance shall
require to verify whether the total annual income exceeds the deregu-
lation income threshold in each of the two preceding calendar years. The
division's notification shall require the tenant or tenants to provide
the information to the division within sixty days of service upon such
tenant or tenants and shall include a warning in bold faced type that
failure to respond will result in an order being issued by the division
providing that such housing accommodations shall not be subject to the
provisions of this act.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
thirty days within which to comment on such verification results. Within
forty-five days after the expiration of the comment period, the division
shall, where appropriate, issue an order providing that such housing
accommodation shall not be subject to the provisions of this act upon
expiration of the existing lease. A copy of such order shall be mailed
by regular and certified mail, return receipt requested, to the tenant
or tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order provid-
ing that such housing accommodation shall not be subject to the
provisions of this act upon the expiration of the current lease. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
A. 6770 11
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
(d) This section shall apply only to paragraph twelve of subdivision a
of section five of this act.
(e) Upon receipt of such order of deregulation pursuant to this
section, an owner shall offer the housing accommodation subject to such
order to the tenant at a rent not in excess of the market rent, which
for the purposes of this section means a rent obtainable in an arm's
length transaction. Such rental offer shall be made by the owner in
writing to the tenant by certified and regular mail and shall inform the
tenant that such offer must be accepted in writing within ten days of
receipt. The tenant shall respond within ten days after receipt of such
offer. If the tenant declines the offer or fails to respond within such
period, the owner may commence an action or proceeding for the eviction
of such tenant.
§ 10. Paragraph (i) of subdivision 2 of section 2 of chapter 274 of
the laws of 1946, constituting the emergency housing rent control law,
as amended by chapter 576 of the laws of 1974, is amended to read as
follows:
(i) housing accommodations which become vacant ON AND AFTER JUNE
SIXTEENTH, TWO THOUSAND SEVENTEEN, 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 inter-
fere 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 nine-
teen seventy-four shall be subject to the provisions of such act for the
duration of such emergency;] or
§ 11. The second undesignated paragraph of subdivision 5 of section 1
of chapter 21 of the laws of 1962, constituting the local emergency
housing rent control act, as amended by chapter 82 of the laws of 2003,
is amended to read as follows:
Notwithstanding any local law or ordinance, housing accommodations
which [became] BECOME vacant on or after [July first, nineteen hundred
seventy-one or which hereafter become vacant] JUNE SIXTEENTH, TWO THOU-
SAND SEVENTEEN shall be [subject to the provisions of the emergency
tenant protection act of nineteen seventy-four] EXEMPT FROM REGULATION
AND CONTROL, provided, however, that this [provision] EXEMPTION shall
not apply or become effective with respect to housing accommodations
which, by local law or ordinance, are made directly subject to regu-
lation and control by a city housing rent agency and such agency deter-
mines 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. The removal of any housing
accommodation from regulation and control of rents pursuant to the
vacancy exemption provided for in this paragraph shall not constitute or
A. 6770 12
operate as a ground for the subjection to more stringent regulation and
control of any housing accommodation in such property or in any other
property owned by the same landlord, notwithstanding any prior agreement
to the contrary by the landlord. The vacancy exemption provided for in
this paragraph shall not arise with respect to any rented plot or parcel
of land otherwise subject to the provisions of this act, by reason of a
transfer of title and possession occurring on or after July first, nine-
teen hundred seventy-one of a dwelling located on such plot or parcel
and owned by the tenant where such transfer of title and possession is
made to a member of the tenant's immediate family provided that the
member of the tenant's immediate family occupies the dwelling with the
tenant prior to the transfer of title and possession for a continuous
period of two years.
§ 12. Paragraph (h) of subdivision 10 of section 1 of chapter 21 of
the laws of 1962, constituting the local emergency housing rent control
act, as amended by chapter 576 of the laws of 1974, is amended to read
as follows:
(h) 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 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. Application for such determination may be made to the
[city housing rent agency with respect to housing accommodations which,
by local law or ordinance, are made directly subject to regulation and
control by such agency. For all other housing accommodadations subject
to regulation and control pursuant to the New York city rent stabiliza-
tion law of nineteen hundred sixty-nine, application for such determi-
nation may be made to the New York city conciliation and appeals board.
For the purpose of making and enforcing any determination of the New
York city conciliation and appeals board as herein provided, the
provisions of sections seven, eight and ten, whenever they refer to the
city housing rent agency, shall be deemed to refer to such board] STATE
DIVISION OF HOUSING AND COMMUNITY RENEWAL. 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.
§ 13. Subdivision a of section 5 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph 3-a to read as
follows:
(3-A) HOUSING ACCOMMODATIONS WHICH BECOME VACANT ON OR AFTER JUNE
SIXTEENTH, TWO THOUSAND SEVENTEEN, PROVIDED, HOWEVER, THAT THIS EXCEP-
TION SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING
ACCOMMODATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT
BECAUSE THE LANDLORD OR ANY PERSON ACTING ON HIS OR HER BEHALF, WITH
INTENT TO CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT
(INCLUDING, BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE OF
REQUIRED SERVICES) WHICH INTERFERED WITH OR DISTURBED OR WAS INTENDED TO
INTERFERE IN HIS OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS.
A. 6770 13
§ 14. Section 26-504 of the administrative code of the city of New
York is amended by adding a new subdivision d to read as follows:
D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR TITLE OR
ANY OTHER PROVISIONS OF LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
SAND SEVENTEEN PROVIDED, HOWEVER, THAT THIS EXCEPTION SHALL NOT APPLY TO
OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS WHICH THE
COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE THE LANDLORD OR
ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE TENANT
TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT NOT LIMITED
TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
ED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
COMFORT, REPOSE, PEACE OR QUIET OF THE TENANT IN HIS OR HER USE OR OCCU-
PANCY OF THE HOUSING ACCOMMODATIONS.
§ 15. This act shall take effect immediately; provided that the amend-
ments to section 26-403.1 of the city rent and rehabilitation law made
by section three of this act shall remain in full force and effect only
as long as the public emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision 3
of section 1 of the local emergency housing rent control act; and
provided that the amendments to sections 26-504.1, 26-504.3, and 26-504
of chapter 4 of title 26 of the administrative code of the city of New
York made by sections five, seven and fourteen of this act respectively,
shall expire on the same date as such law expires and shall not affect
the expiration of such law as provided under section 26-520 of such law;
and provided that the amendments to sections 5-a and 5 of the emergency
tenant protection act of nineteen seventy-four made by sections nine and
thirteen of this act, respectively, shall expire on the same date as
such act expires and shall not affect the expiration of such act as
provided in section 17 of chapter 576 of the laws of 1974; and provided
that the amendments to sections 2-a and 2 of the emergency housing rent
control law made by sections two and ten of this act, respectively,
shall expire on the same date as such law expires and shall not affect
the expiration of such law as provided in subdivision 2 of section 1 of
chapter 274 of the laws of 1946; and provided that the amendments to the
local emergency housing rent control act made by section eleven of this
act shall remain in full force and effect only so long as the public
emergency requiring the regulation and control of residential rents and
evictions continues, as provided in subdivision 3 of section 1 of the
local emergency housing rent control act; and provided further that the
amendments to paragraph (h) of subdivision 10 of section 1 of the local
emergency housing rent control act made by section twelve of this act
shall not affect the expiration of certain provisions of such paragraph
(h) made by section 3 of chapter 576 of the laws of 1974 and shall
expire when such chapter 576 of the laws of 1974 expires.