Sec. 2100.9. Housing accommodations not subject to rent control

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.

(i) Housing accommodations in buildings operated exclusively for charitable purposes on a nonprofit basis.

(j) Structures subject to underlying leases. Leases for entire structures or premises as distinguished from the individual housing accommodations therein contained, wherein more than 25 rooms are rented or offered for rent by any lessee, sublessee or other tenant of such entire structure or premises; leases for entire structures or premises as distinguished from the individual housing accommodations therein wherein 25 or less rooms are rented or offered for rent by any lessee or other tenant of such entire structure or premises and such lessee, sublessee or other tenant does not occupy any portion of the structure or premises as his dwelling and sublets, as an entrepreneur for his own profit, the individual rooms to subtenants; or structures in which all of the housing accommodations are exempt or not subject to control under this Subchapter.

(k) Housing accommodations which are rented after April 1, 1953 and have been continuously occupied by the owner thereof for a period of one year prior to the date of renting; provided, however, that this subdivision shall not apply where the owner acquired possession of the housing accommodation after the issuance of a certificate of eviction pursuant to this Subchapter within the two-year period immediately preceding the date of such renting, 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.

(l) Housing accommodations in one- or two-family houses which are or become vacant on or after April 1, 1953, provided, however, that this exemption shall remain effective only so long as the housing accommodations are not occupied for other than single family occupancy.

(m) Housing accommodations (not otherwise exempt or excluded from control) in two-family houses occupied in whole or in part by the owner thereof, and in one-family houses whether or not so occupied, on and after July 1, 1955, in the county of Nassau, provided, however, that this exemption shall remain effective only so long as the housing accommodations are not occupied for other than single family occupancy.

(n) Housing accommodations (not otherwise exempt or excluded from control) in two-family houses occupied in whole or in part by the owner thereof, and in one-family houses whether or not so occupied, on and after July 1, 1955, in the counties of Monroe, Oneida, Onondaga and Schenectady, and, on and after July 1, 1957, any housing accommodations in the county of Onondaga containing four rental units or less, provided, however, that this exemption with respect to one- and two-family houses shall remain effective only so long as the housing accommodations are not occupied for other than single family occupancy, and provided further, however, that this exemption shall become or remain effective only in those cities and towns within said counties other than Onondaga County which have not elected to continue or re-establish controls over such housing accommodations.

(o) All housing accommodations (not otherwise exempt or excluded from control) in the counties of Cattaraugus, Chautauqua, Columbia, Dutchess, Erie, Fulton, Herkimer, Montgomery, Niagara, Ontario, Oswego, Saratoga, Seneca, Steuben, Suffolk, Ulster and Yates, except housing accommodations in the following communities which shall continue to remain subject to rent control:

(1) in Erie County (other than in one-family houses and in two-family houses occupied in whole or in part by the owner, provided, however, that such exemption from control shall remain effective only so long as the housing accommodations are not rented for other than single family occupancy), the city of Buffalo and the town of Cheektowaga.

(p) Housing accommodations (not otherwise exempt or excluded from control) except housing accommodations used as boarding houses or rooming houses in the county of Westchester, which are or become vacant on or after July 1, 1957, provided, that this exemption shall not apply or become effective in any case where the vacancy in the housing accommodation occurred or occurs because of the removal of the tenant to another housing accommodation in the same building, or because of the eviction of the tenant after the issuance of a final order in a summary proceeding to recover possession of the housing accommodation, whether after a trial of the issues or upon consent or default of the tenant or otherwise without a trial, 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, and provided further, however, that this exemption shall not apply to housing accommodations in the following cities or towns:

(1) in Albany County, the cities of Albany and Watervliet and the towns of Bethlehem and Green Island;

(2) in Erie County, the city of Buffalo and the town of Cheektowaga;

(3) in Nassau County, the city of Long Beach;

(4) in Onondaga County, the towns of Otisco and Pompey;

(5) in Rensselaer County, the city of Rensselaer; and

(6) in Westchester County, the cities of Mount Vernon, New Rochelle, White Plains and Yonkers and the towns of Cortlandt, Eastchester, Greenburgh, Mamaroneck, Mount Pleasant, Ossining and Yorktown.

(q) Individual housing accommodations in the city of Albany, other than rooming houses as defined in subdivision (f) of section 2100.3, supra, the rent for which exceeded $80 per month on April 1, 1962, or where an individual housing accommodation was vacant on said date, the first rent thereafter charged exceeded $80 per month.

(r) Housing accommodations in the village of Larchmont, county of Westchester, which are or become vacant on or after November 1, 1964, and in the unincorporated area of the town of Mamaroneck, county of Westchester, which are or become vacant on or after February 1, 1965, provided that these exemptions shall remain effective only so long as the housing accommodations are not occupied for other than single family occupancy.

(s) Housing accommodations in the city of Mount Vernon, county of Westchester, contained in one and two family houses effective January 1, 1969, and effective April 1, 1969, housing accommodations contained in three family houses and in structures containing four or more family dwelling units which are vacant or become vacant on or after January 1, 1969, provided, however, that such decontrol shall take effect only after inspection by the Department of Buildings of the City of Mount Vernon and certification by said department that the dwelling unit or units to be decontrolled are free of building violations.

(t) Housing accommodations which become vacant effective June 30, 1971, provided, however, that this exemption shall not apply or become effective where the administrator, following proceedings commenced within 90 days after the date of vacating, 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 interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of the housing accommodations.

(u) Housing accommodations which are decontrolled by order of the administrator, or by resolution of the local governing body of a city or town or village duly filed with the administrator, as authorized and provided for in section 2100.19.

(v) Housing accommodations which:

(1) became or become vacant on or after July 7, 1993, where at any time between July 7, 1993 and October 1, 1993, inclusive, the maximum rent was $2,000 or more per month;

(2) became or become vacant on or after June 19, 1997 but before June 24, 2011, with a maximum rent of $2,000 or more per month;

(3) became or become vacant on or after June 24, 2011, with a maximum rent of $2,500 or more per month;

(4) exemption pursuant to this subdivision shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than the applicable amount qualifying for deregulation as provided in this subdivision;

(5) exemption pursuant to this subdivision shall not apply to or become effective with respect to housing accommodations for which the administrator determines or finds that 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 the act and this Subchapter shall also apply;

(6) during the period of effectiveness of an order issued pursuant to section 2102.4 of this Title for failure to maintain essential services, which lowers the maximum rent below the applicable amount qualifying for deregulation as provided in this subdivision, during the time period specified in this subdivision, a vacancy shall not qualify the housing accommodation for exemption under this subdivision; or

(7) housing accommodations which become exempt from this Subchapter pursuant to this subdivision shall not become subject to the provisions of the Emergency Tenant Protection Regulations upon being re-rented.

(w)

(1) Upon the issuance of an order by the commission, pursuant to the procedures set forth in Part 2110 of this Title, including orders resulting from default, housing accommodations which have a maximum rent of $2,000 or more per month as of October 1, 1993 or as of any date on or after January 1, 1998, and which are occupied by persons who had a total annual income in excess of $250,000 per annum for each of the two preceding calendar years, where the first of such two preceding calendar years is 1992 through 1995 inclusive, and in excess of $175,000, when the first of such two preceding calendar years is 1996 through 2009 inclusive, with total annual income being defined in and subject to the limitations and process set forth in Part 2110 of this Title.

(2) Upon the issuance of an order by the commission, pursuant to the procedures set forth in Part 2110 of this Title, including orders resulting from default, housing accommodations which have a maximum rent of $2,500 or more per month as of July 1, 2011 or later and which are occupied by persons who had a total annual income in excess of $200,000 per annum for each of the two preceding calendar years, where the first of such two preceding calendar years is 2010 or later, with total annual income being defined in and subject to the limitations and process set forth in Part 2110 of this Title.

(3) In determining whether the maximum rent for a housing accommodation is the applicable amount qualifying for deregulation, the standards set forth in subdivision (v) of this section shall be applicable; to be eligible for exemption under this subdivision, the maximum rent must continuously be the applicable amount qualifying for deregulation pursuant to subdivision (v) of this section, from the landlord's service of the income certification form provided for in section 2110.2 of this Title upon the tenant to the issuance of an order deregulating the housing accommodation.