N.Y. Comp. Codes R. & Regs. tit. 9 § 2100.9

Current through Register Vol. 46, No. 39, September 25, 2024

Section 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) Effective June 14, 2019, high rent vacancy deregulation is no longer applicable. Any apartment that was lawfully deregulated pursuant to the Emergency Housing Rent Control Law section 8582(2)(n) shall remain deregulated, notwithstanding that such section was repealed by Chapters 36 and 30 of the Laws of 2019.

(w)

(1) Effective June 14, 2019, high rent high income deregulation is no longer applicable. Any apartment that was lawfully deregulated pursuant to the Emergency Housing Rent Control Law sections 8582(2)(m) and 8582-a shall remain deregulated, notwithstanding that such sections were repealed by Chapters 36 and 39 of the Laws of 2019. For the purposes of this subdivision, lawful deregulation shall be defined as the issuance of an order by the DHCR, pursuant to the Emergency Housing Rent Control Law sections 8582(2)(m) and 8582-a, repealed by Chapters 36 and 39 of the Laws of 2019, and the expiration of any time period contained in such order establishing the date of deregulation which expired prior to June 14, 2019.

(2) Effective June 14, 2019, no further high rent high income deregulation proceedings pursuant to this Title may be commenced, and all pending applications shall be dismissed as not subject to deregulation. For the purposes of this paragraph, an application shall not be considered pending if the subject housing accommodation was lawfully deregulated pursuant to such application prior to June 14, 2019, and such lawful deregulation is subject to review as of June 14, 2019 in a Court of competent jurisdiction, before the commissioner pursuant to a petition for administrative review, or before the rent administrator subsequent to a remand for further consideration by the either the commissioner or a court.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2100.9

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023