New York Rent Laws
ETPA Table of Contents
The NYS Emergency Tenant Protection Act (1974) [ETPA]
Sec. 3. LOCAL DETERMINATION OF EMERGENCY; END OF EMERGENCY.
a. The existence of public emergency requiring the regulation
of residential rents for all or any class or classes of
housing accommodations, including any plot or parcel of land
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 on which
plot or parcel of land there exists a dwelling owned and
occupied by a tenant of such plot or parcel, heretofore
destabilized; 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, the local emergency housing rent control act or
the New York city rent stabilization law of nineteen hundred
sixty-nine; or subject to stabilization or control under
such rent stabilization law, shall be a matter for local
determination within each city, town or village. Any such
determination shall be made by the local legislative body of
such city, town or village on the basis of the supply of
housing accommodations within such city, town or village,
the condition of such accommodations and the need for
regulating and controlling residential rents within such
city, town or village. A declaration of emergency may be
made as to any class of housing accommodations if the
vacancy rate for the housing accommodations in such class
within such municipality is not in excess of five percent
and a declaration of emergency may be made as to all housing
accommodations if the vacancy rate for the housing
accommodations within such municipality is not in excess of
five percent.
b. The local governing body of a city, town or village having
declared an emergency pursuant to subdivision a of this
section may at any time, on the basis of the supply of
housing accommodations within such city, town or village,
the condition of such accommodations and the need for
continued regulation and control of residential rents within
such municipality, declare that the emergency is either
wholly or partially abated or that the regulation of rents
pursuant to this act does not serve to abate such emergency
and thereby remove one or more classes of accommodations
from regulation under this act. The emergency must be
declared at an end once the vacancy rate described in
subdivision a of this section exceeds five percent.
c. No resolution declaring the existence or end of an
emergency, as authorized by subdivisions a and b of this
section, may be adopted except after public hearing held on
not less than ten days public notice, as the local
legislative body may reasonably provide.
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