§ 26-403. Definitions.
When used in this chapter, unless a different meaning clearly
appears from the context, the following terms shall mean and
include:
a. "Administrator." The commissioner of the state division of
housing and community renewal.
b. "City rent agency." The state division of housing and
community renewal.
c. "Documents." Records, books, accounts, correspondence,
memoranda and other documents, drafts and copies of any of
the foregoing.
d. "Federal act." The emergency price control act of nineteen
hundred forty-two, and as thereafter amended and as
superseded by the Housing and rent act of nineteen hundred
forty-seven, and as the latter was thereafter amended prior
to may first, nineteen hundred fifty, and regulations
adopted pursuant thereto.
e. "Housing accommodation."
1. Except as otherwise provided in paragraph two of this
subdivision e, any building or structure, permanent or
temporary or any part thereof, occupied or intended to
be occupied by one or more individuals as a residence,
home, sleeping place, boarding house, lodging house or
hotel, together with the land and buildings appurtenant
thereto, and all services, privileges, furnishings,
furniture and facilities supplied in connection with
the occupation thereof, and any plot or parcel of land
(as distinguished from any building constructed or
placed thereon) which is not owned by the city and
which was rented prior to may first, nineteen hundred
fifty, for the purpose of permitting the tenant thereof
to construct his or her own private dwelling (as such
term "private dwelling" is defined in subdivision six
of section four of the multiple dwelling law) thereon
and on which there exists such a private dwelling owned
and occupied by a tenant of such plot or parcel, or on
or after July first, nineteen hundred seventy-one such
private dwelling is owned or occupied by a member of
the tenant's immediate family regardless of whether the
member of the tenant's immediate family was in
occupancy of the private dwelling with the tenant prior
to the transfer of title or possession or thereafter
took occupancy of the private dwelling pursuant to such
transfer of title or possession, including:
(a) Entire structures or premises as distinguished
from the individual housing accommodations
contained therein, wherein twenty-five or less
rooms are rented or offered for rent by any
lessee, sublessee, or other tenant of such entire
structure or premises; and
(b) Housing accommodations which, under subparagraph
(i) of paragraph two of this subdivision e, are or
at any time become exempt from or not subject to
control and which, while in such status, are
certified by a city agency having jurisdiction to
be a fire hazard or in a continued dangerous
condition or detrimental to life or health; and
the subsequent removal of the conditions on which
such certification is based shall not cause any
such housing accommodation to become exempt from
or not subject to control; and
(c) Notwithstanding any other provision of this
chapter, all housing accommodations in any
multiple dwelling aided by a loan made by the city
under article eight of the private housing finance
law; provided that where any such housing
accommodation, if this subparagraph (c) were not
applicable thereto, would not be subject to rent
control under this chapter and the regulations
thereunder prior to the date on which rent control
with respect to such multiple dwelling is required
by the provisions of such article eight to begin,
this subparagraph (c) shall operate to make such
housing accommodation subject to rent control
under this chapter and the regulations thereunder
only on and after such date; and provided further
that if any such housing accommodation, on the
date on which rent control with respect thereto
ceases to be required by such article eight, would
not be subject to rent control, or would be
eligible for decontrol on the landlord's
application, under the provisions of this chapter
and the regulations thereunder, if this
subparagraph (e) were not applicable thereto, then
such housing accommodation, after such date, shall
not be subject to rent control, or shall be
eligible for decontrol, as the case may be, in the
same manner as if this subparagraph (c) had not
been applicable to such housing accommodation.
2. The term "housing accommodation" shall not include:
(a) structures in which all of the housing
accommodations are exempt or not subject to
control under this chapter or any regulation
issued thereunder; or
(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; or
(c) notwithstanding any previous order, finding,
opinion or determination of the state rent
commission, housing accommodations in any
establishment which on March first, nineteen
hundred fifty, was and still is commonly regarded
as a hotel in the community in which it is located
and which customarily provides hotel services such
as maid service, furnishing and laundering of
linen, telephone and secretarial or desk service,
use and upkeep of furniture and fixtures and
bellboy service, provided, however, that the term
"hotel" shall not include any establishment which
is commonly regarded in the community as a rooming
house, nor shall it include any establishment not
identified or classified as a "hotel," "transient
hotel" or "residential hotel" pursuant to the
federal act irrespective of whether such
establishment either provides some services
customarily provided by hotels, or is represented
to be a hotel, or both, and provided further that
housing accommodations in hotels which have been
and still are occupied by a tenant who has resided
in such hotel continuously since December second,
nineteen hundred forty-nine, so long as such
tenant occupies the same, shall continue to remain
subject to control under this chapter; or
(d) Any motor court, or any part thereof; any trailer
or trailer space used exclusively for transient
occupancy or any part thereof (provided that
nothing herein contained shall be construed as
legalizing or authorizing any use or occupancy of
a trailer or trailer space where prohibited by
law); or any tourist home serving transient guests
exclusively, or any part thereof; or
(e) 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
(husband and wife 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 or her immediate
family; or
(f) Housing accommodations owned and operated by the
united states, the state of New York, or the New
York city housing authority; or owned by the city
and under the jurisdiction of the city department
of housing preservation and development pursuant
to the New York city charter, or owned and
operated by the city; or housing accommodations in
buildings in which rentals are fixed by or subject
to the supervision of the state commissioner of
housing and community renewal;
(g) Housing accommodations in buildings operated
exclusively for charitable purposes on a nonprofit
basis; or
(h) Except as otherwise provided in item six of
subparagraph (i) of this paragraph two, housing
accommodations which were completed on or after
February first, nineteen hundred forty-seven,
provided, however, that, the former structure or
any lesser portion thereof, was not vacated, on or
after the effective date of this first provision
of this subparagraph (h), other than by voluntary
surrender of possession or in the manner provided
in this chapter and provided further that maximum
rents established under the veterans' emergency
housing act, for priority constructed housing
accommodations completed on or after February
first, nineteen hundred forty-seven, 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 thirtieth nineteen hundred forty-seven,
either occupied such housing accommodations or had
a right to occupy such housing accommodations at
any time on or after July first, nineteen hundred
forty-seven, under any agreement whether written
or oral; or
(i) Except as otherwise provided in subparagraphs (b)
and (c) of paragraph one of this subdivision e:
(1) housing accommodations created by a change
from a nonhousing use to a housing use on or
after February first, nineteen hundred forty-
seven, but only if the space comprising such
accommodations was devoted to a nonhousing
use on February first, nineteen hundred forty-
seven; or
(2) Additional housing accommodations, other than
rooming house accommodations, created by
conversion on or after February first,
nineteen hundred forty-seven, provided,
however, that any housing accommodations
created as a result of any such conversion on
or after May first, nineteen hundred fifty,
shall continue to be subject to rent control
as provided for herein unless the state rent
commission, prior to may first, nineteen
hundred sixty-two, issued an order
decontrolling them, or the city rent agency,
on or after such date, issues an order
decontrolling them, and the city rent agency
shall issue such an order if there has been a
structural change involving substantial
alterations or remodeling and such change has
resulted in additional housing accommodations
consisting of self-contained family units as
defined by regulations issued by the city
rent agency, with due regard for the shortage
of housing accommodations suitable for family
occupancy and for the purposes of this
chapter in relation thereto; and provided
further, that any such order of decontrol of
the state rent commission or the city rent
agency shall remain effective after April
thirtieth, nineteen hundred sixty-two only so
long as the housing accommodations are not
occupied for other than single family
occupancy; and provided further, that any
such order of decontrol shall not apply to
that portion of the original housing
accommodations occupied by a tenant in
possession at the time of the conversion, but
only so long as that tenant continues in
occupancy; and provided further, that no such
order of decontrol shall be issued unless
such conversion occurred after the entire
structure, or any lesser portion thereof as
may have been thus convened, was vacated by
voluntary surrender of possession, or in the
manner provided in this chapter, or (where
vacated prior to may first, nineteen hundred
sixty-two) in the manner provided by section
five of the state rent act, and provided
funkier that notwithstanding any of the
foregoing provisions of this item two, no
such order of decontrol shall be issued with
respect to housing accommodations of any type
resulting from conversion, after April
thirtieth, nineteen hundred sixty-two, to
rooming house accommodations or to single
room occupancy accommodations, and such
resulting accommodations shall continue to be
housing accommodations subject to rent
control under this chapter and the regulation
thereunder; or
(3) Housing accommodations rented after April
first, nineteen hundred fifty-three, which
were or are continuously occupied by the
owner thereof for a period of one year prior
to the date of renting; provided, however,
that this item three shall not apply where
the owner acquired possession of the housing
accommodation after the issuance of a
certificate of eviction under subdivision two
of section five of the state rent act or
under subdivision b of section 26-408 of this
chapter within the two year period
immediately preceding the date of such
renting, and provided further that this item
three shall not apply to any such housing
accommodation rented on or after may first,
nineteen hundred sixty-two, where an
exemption of any housing accommodation in the
same building was obtained under paragraph
(h) of subdivision two of section two of the
state rent act or has been previously
obtained under this item three, and provided
further, that this exemption shall remain
effective only so long as the housing
accommodations are not occupied for other
than single family occupancy, or
(4) Housing accommodations in one or two family
houses which were or shall become vacant on
or after April first, nineteen hundred fifty-
three, provided however, that this exemption
shall remain effective only so long as the
housing accommodations are not occupied for
other than single family occupancy, or
* So in original. No paragraph (5) was enacted.
(6) (i) Such housing accommodations resulting
from substantial demolition (as such
accommodations are defined in this item six),
as are decontrolled by order of the city rent
agency pursuant to this item six; provided
that all housing accommodations resulting
from substantial demolition which are not so
decontrolled shall continue to be housing
accommodations subject to rent control under
this chapter and the regulations thereunder.
(ii) The term "housing accommodation
resulting from substantial demolition," as
used herein, shall mean any housing
accommodation (a) which is created on or
after may first, nineteen hundred sixty-two,
as a result of the substantial demolition of
a multiple dwelling and the reconstruction of
such building m such manner as to retain any
portion thereof existing prior to such
demolition, and (b) which is so created after
the issuance of one or more certificates
permitting the eviction of any tenant or
tenants of such multiple dwelling for the
purpose of effecting such demolition.
(iii) No order shall be issued under this
item six decontrolling any housing
accommodation resulting from substantial
demolition unless, after such reconstruction,
all housing accommodations in the building
are self-contained family units as defined by
regulations issued by the city rent agency,
with due regard for the shortage of housing
accommodations suitable for family occupancy
and for the purposes of this chapter in
relation thereto.
(iv) The city rent agency shall issue
regulations, with due regard for such
shortage and purposes, specifying minimum
requirements for qualifying any housing
accommodation resulting from substantial
demolition as suitable for occupancy by
larger families (including, with respect to
the individual unit, but not limited to,
number of rooms, space suitable for sleeping
purposes and total floor area) and likewise
prescribing, subject to such variations and
classifications as such agency may determine
to be reasonably necessary, the ratio between
the total number of housing accommodations
resulting from substantial demolition In the
building, and the number of such
accommodations which must meet such
requirements for larger family occupancy, in
order that a decontrol order may be granted
hereunder.
(v) The city rent agency shall issue an order
decontrolling all of the housing
accommodations resulting from substantial
demolition in the building, if such
accommodations meet the requirements of sub-
item (iii) of this item six and if the
prescribed proportion thereof meets the
requirements of sub-item (iv) of this Item
six for larger family occupancy; provided
that (a) if all such accommodations meet the
requirements of such sub-item (iii), but less
than the prescribed proportion thereof meet
the requirements of such sub-item (iv), then
the city rent agency shall issue an order
decontrolling only those accommodations which
meet the requirements of both such sub-items;
and (b) any order of decontrol issued under
this item six shall remain effective only so
long as the accommodations decontrolled by
such order are not occupied for other than
single family occupancy. (vi) in the case of
any housing accommodations vacated on or
after March twenty-sixth, nineteen hundred
sixty-four, no order of decontrol shall be
issued under this item six for any housing
accommodations resulting from substantial
demolition thereof unless such reconstruction
occurred after the structure was vacated by
voluntary surrender of possession, or in the
manner provided in this chapter; or
(7) (i) Individual housing accommodations having
unfurnished maximum rents of two hundred and
fifty dollars or more per month as of April
first, nineteen hundred sixty, or furnished
maximum rents of three hundred dollars or
more per month as of April first, nineteen
hundred sixty, which are or become vacant on
or after the effective date of this item
seven; or
(ii) On and after October first, nineteen
hundred sixty-four individual housing
accommodations having unfurnished maximum
rents of three hundred dollars or more per
month as of April first, nineteen hundred
sixty, or furnished maximum rents of three
hundred and sixty dollars or more per month
as of April first, nineteen hundred sixty;
provided, however, that where any such
housing accommodation is occupied by a tenant
whose household contains one or more children
attending an elementary or secondary school,
such housing accommodation shall continue to
remain subject to control under this chapter
and the regulations thereunder until June
thirtieth, nineteen hundred sixty-five; and
provided further, that where such housing
accommodation on March twenty-sixth, nineteen
hundred sixty-four is occupied by a tenant
whose household contains four or more related
persons, it shall continue to remain subject
to control under this chapter and the
regulations thereunder so long as such tenant
remains in occupancy; or
(iii) On and after April first, nineteen
hundred sixty-five individual housing
accommodations having unfurnished maximum
rents of two hundred and fifty dollars to two
hundred ninety-nine dollars and ninety-nine
cents, inclusive, per month as of April
first, nineteen hundred sixty, or furnished
maximum rents of three hundred dollars to
three hundred fifty-nine dollars and ninety-
nine cents inclusive, per month as of April
first, nineteen hundred sixty; provided,
however, that where any such housing
accommodation is occupied by a tenant whose
household contains one or more children
attending an elementary or secondary school,
such housing accommodation shall continue to
remain subject to control under this chapter
and the regulations thereunder until June
thirtieth, nineteen hundred sixty-five; and
provided further, that where such housing
accommodations on March twenty-sixth,
nineteen hundred sixty-four is occupied by a
tenant whose household contains four or more
related persons, it shall continue to remain
subject to control under this chapter and the
regulations thereunder so long as such tenant
remains in occupancy.
(iv) The exemptions provided for in this item
seven shall remain effective only so long as
the housing accommodations are not occupied
for other than single family occupancy.
(v) The term "related persons," as used in
this item seven, shall be limited to the
tenant and a parent, grandparent, child,
stepchild, grandchild, brother or sister of
the tenant or of the tenant's spouse or the
spouse of any of the foregoing, who
customarily occupied the housing
accommodation on and before the effective
date of this item seven. The tenant's spouse
or an unmarried child or grandchild of the
tenant who temporarily resided elsewhere on
the effective date of this item seven because
of attendance at an educational institution
or service in the armed forces of the United
States shall be deemed to be a related person
in occupancy.
(8) No more than two housing accommodations in
any one year period in an owner-occupied
structure containing six or fewer housing
accommodations which are or become vacant on
or after August first, nineteen hundred
seventy by voluntary surrender or pursuant to
section 26-408 of this chapter; provided,
however, that this exemption shall remain
effective only so long as the housing
accommodations are not occupied for other
than residential dwelling purposes and
provided further, that if the city rent
agency shall make a finding of harassment in
violation of subdivision d of section 26-412
of this chapter with respect to a housing
accommodation in a structure containing six
or less housing accommodations, in addition
to all other criminal or civil fines,
penalties injunctive relief and enforcement
penalties and remedies authorized by section
26-413 of this chapter, no housing
accommodation in such structure shall be
decontrolled pursuant to this item eight
until a minimum period of three years has
elapsed since the making of such finding of
harassment by the city rent agency.
Structures containing six or fewer housing
accommodations shall be considered to be
structures containing six or fewer housing
accommodations for the purposes of this item
eight, notwithstanding that such structures
shall contain commercial accommodations in
addition to such housing accommodations.
(9) Housing accommodations which became vacant on
or after June thirtieth nineteen hundred
seventy-one, provided, however, that this
exemption shall not apply 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
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 or her use or
occupancy of the housing accommodations and
provided, further, however, that nothing
contained herein shall be deemed to preclude
the applicability to such housing
accommodations of the emergency tenant
protection act of nineteen seventy-four.
(10) Housing accommodations not occupied by the
tenant, not including subtenants or
occupants, as his or her primary residence,
as determined by a court of competent
jurisdiction. 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.
(j) Upon the issuance of an order of decontrol by the
division, housing accommodations which: (1) are
occupied by persons who have a total annual income
in excess of two hundred fifty thousand dollars
per annum in each of the two preceding calendar
years, as defined in and subject to the
limitations and process set forth in section 26-
403.1 of this chapter; and (2) have a maximum rent
of two thousand dollars or more per month.
Provided however, that this exclusion shall not
apply to housing accommodations which became or
become subject to this law by virtue of receiving
tax benefits pursuant to section four hundred
eighty-nine of the real property tax law.
(k) Any housing accommodation with a maximum rent of
two thousand dollars or more per month which is or
becomes vacant on or April first, nineteen hundred
ninety-four. Provided however, that this exclusion
shall not apply to housing accommodations which
became or become subject to this law by virtue of
receiving tax benefits pursuant to section four
hundred eighty-nine of the real property tax law.
This subparagraph shall not apply however, to or
become effective with respect to housing
accommodations which the commissioner determines
or finds that the landlord or any person acting on
his or her behalf, with intent to cause the tenant
to vacate, has 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 and in
connection with such course of conduct, any other
general enforcement provision of this law shall
also apply.
f. Landlord. An owner, lessor, sublessor, assignee, or other
person receiving or entitled to receive rent for the use or
occupancy of any housing accommodation or an agent of any of
the foregoing.
g. Maximum rent. The maximum lawful rent for the use of housing
accommodations. Maximum rents may be formulated in terms of
rents and other charges and allowances.
h. Person. An individual, corporation, partnership,
association, or any other organized group of individuals or
the legal successor or representative of any of the
foregoing.
i. Rent. Consideration, including any bonus, benefit or
gratuity demanded or received for or in connection with the
use or occupancy of housing accommodations or the transfer
of a lease of such housing accommodations.
j. State Enabling Act. The local emergency housing rent control
act.
k. State Rent Act. The emergency housing rent control law.
1. State Rent Commission. The temporary state housing rent
commission created by the emergency housing rent control
law.
m. Tenant. A tenant, subtenant, lessee, sublessee, or other
person entitled to the possession or to the use or occupancy
of any housing accommodation.
Added by Laws 1985, Ch. 907, § 1, eff. Sept. 1, 1986.