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This entry was published on 2019-06-28
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SECTION 5
Housing accommodations subject to regulation
Emergency Tenant Protection Act 576/74 (ETP) CHAPTER 1974
§ 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 control act, other than
housing accommodations subject to the New York city rent stabilization
law of nineteen hundred sixty-nine;

(2) housing accommodations owned or operated by the United States, the
state of New York, any political subdivision, agency or instrumentality
thereof, any municipality or any public housing authority;

(3) housing accommodations in buildings in which rentals are fixed by
or subject to the supervision of the state division of housing and
community renewal under other provisions of law or the New York city
department of housing preservation and development or the New York state
urban development corporation, or, to the extent that regulation under
this act is inconsistent therewith aided by government insurance under
any provision of the National Housing Act;

(4) (a) housing accommodations in a building containing fewer than six
dwelling units, other than any plot or parcel of land in cities having a
population of one million or more which had been rented prior to May
first, nineteen hundred fifty, for the purpose of permitting the tenant
thereof to construct or place his own dwelling thereon and heretofore or
hereafter decontrolled, exempt, not subject to control or exempted from
regulation and control under the provisions of the emergency housing
rent control law or the local emergency housing rent control act and on
which plot or parcel of land there exists a dwelling owned and occupied
by a tenant of such plot or parcel;

(b) for purposes of this paragraph four, a building shall be deemed to
contain six or more dwelling units if it is part of a multiple family
garden-type maisonette dwelling complex containing six or more dwelling
units having common facilities such as a sewer line, water main or
heating plant and operated as a unit under common ownership,
notwithstanding that certificates of occupancy were issued for portions
thereof as one- or two-family dwellings.

(5) housing accommodations in buildings completed or buildings
substantially rehabilitated as family units on or after January first,
nineteen hundred seventy-four;

(5-a) housing accommodations located outside of a city with a
population of one million or more in any such buildings that were vacant
and unoccupied on June first, two thousand nineteen and had been vacant
and unoccupied for at least the one-year period immediately preceding
such date;

(6) housing accommodations owned or operated by a hospital, convent,
monastery, asylum, public institution, or college or school dormitory or
any institution operated exclusively for charitable or educational
purposes on a non-profit basis other than (i) those accommodations
occupied by a tenant on the date such housing accommodation is acquired
by any such institution, or which are occupied subsequently by a tenant
who is not affiliated with such institution at the time of his initial
occupancy or (ii) permanent housing accommodations with government
contracted services, as of and after June fourteenth, two thousand
nineteen, to vulnerable individuals or individuals with disabilities who
are or were homeless or at risk of homelessness; provided, however, that
the terms of leases in existence as of June fourteenth, two thousand
nineteen, shall only be affected upon lease renewal, and further
provided that upon the vacancy of such housing accommodations, the legal
regulated rent for such housing accommodations shall be the legal
regulated rent paid for such housing accommodations by the prior tenant,
subject only to any adjustment adopted by the applicable rent guidelines
board;

(7) rooms or other housing accommodations in hotels, other than hotel
accommodations in cities having a population of one million or more not
occupied on a transient basis and heretofore subject to the emergency
housing rent control law, the local emergency housing rent control act
or to the New York city rent stabilization law of nineteen hundred
sixty-nine;

(8) 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;

The term "motor court" shall mean an establishment renting rooms,
cottages or cabins, supplying parking or storage facilities for motor
vehicles in connection with such renting and other services and
facilities customarily supplied by such establishments, and commonly
known as motor, auto or tourist court in the community.

The term "tourist home" shall mean a rooming house which caters
primarily to transient guests and is known as a tourist home in the
community.

(9) non-housekeeping, furnished housing accommodations, located within
a single dwelling unit not used as a rooming or boarding house, but only
if:

(a) no more than two tenants for whom rent is paid (husband and wife
being considered one tenant for this purpose), not members of the
landlord's immediate family, live in such dwelling unit, and

(b) the remaining portion of such dwelling unit is occupied by the
landlord or his immediate family.

(10) housing accommodations in buildings operated exclusively for
charitable purposes on a non-profit basis except for permanent housing
accommodations with government contracted services, as of and after the
effective date of the chapter of the laws of two thousand nineteen that
amended this paragraph, to vulnerable individuals or individuals with
disabilities who are or were homeless or at risk of homelessness;
provided, however, that the terms of leases in existence as of the
effective date of the chapter of the laws of two thousand nineteen that
amended this paragraph, shall only be affected upon lease renewal, and
further provided that upon the vacancy of such housing accommodations,
the legal regulated rent for such housing accommodations shall be the
legal regulated rent paid for such housing accommodations by the prior
tenant, subject only to any adjustment adopted by the applicable rent
guidelines board;

(11) housing accommodations which are not occupied by the tenant, not
including subtenants or occupants, as his or her primary residence, as
determined by a court of competent jurisdiction. For the purposes of
determining primary residency, a tenant who is a victim of domestic
violence, as defined in section four hundred fifty-nine-a of the social
services law, who has left the unit because of such violence, and who
asserts an intent to return to the housing accommodation shall be deemed
to be occupying the unit as his or her primary residence. For the
purposes of this paragraph, where a housing accommodation is rented to a
not-for-profit hospital for residential use, affiliated subtenants
authorized to use such accommodations by such hospital shall be deemed
to be tenants. For the purposes of this paragraph, where a housing
accommodation is rented to a not-for-profit for providing, as of and
after the effective date of the chapter of the laws of two thousand
nineteen that amended this paragraph, permanent housing to individuals
who are or were homeless or at risk of homelessness, affiliated
subtenants authorized to use such accommodations by such not-for-profit
shall be deemed to be tenants. No action or proceeding shall be
commenced seeking to recover possession on the ground that a housing
accommodation is not occupied by the tenant as his or her primary
residence unless the owner or lessor shall have given thirty days notice
to the tenant of his or her intention to commence such action or
proceeding on such grounds.

(14) (i) housing accommodations owned as a cooperative or condominium
unit which are or become vacant on or after the effective date of this
paragraph, except that this subparagraph shall not apply to units
occupied by non-purchasing tenants under section three hundred
fifty-two-eee of the general business law until the occurrence of a
vacancy. (ii) This paragraph shall not apply, however, to or become
effective with respect to housing accommodations which the commissioner
determines or finds 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 with or disturb the comfort, repose, peace
or quiet of the tenant in his or her use or occupancy of the housing
accommodations. In connection with such course of conduct any other
general enforcement provision of this act shall also apply;

b. Notwithstanding any other provision of this section, nothing shall
prevent the declaration of an emergency pursuant to section three of
this act for rental housing accommodations located in buildings or
structures which are subject to the provisions of article eighteen of
the private housing finance law.