New York Rent Laws
ETPA Table of Contents
The NYS Emergency Tenant Protection Act (1974) [ETPA]
Sec. 8. ADMINISTRATION.
a. Whenever a city having a population of less than one
million, or a town or village has determined the existence
of an emergency pursuant to section three of this act, the
state division of housing and community renewal shall be
designated as the sole administrative agency to administer
the regulation of residential rents as provided in this act.
The costs incurred by the state division of housing and
community renewal in administering such regulation shall be
paid by such city, town or village. Such local resolution
shall forthwith be transmitted to the state division of
housing and community renewal and shall be accompanied by an
initial payment in an amount previously determined by the
commissioner of housing and community renewal as necessary
to defray the division's anticipated first year cost.
Thereafter, annually, after the close of the fiscal year of
the state, the commissioner of housing and community renewal
shall determine the amount of all costs incurred and shall
certify to each such city, town or village its proportionate
share of such costs, after first deducting therefrom the
amount of such initial payment. The amount so certified
shall be paid to the commissioner by such city, town or
village within ninety days after the receipt of such
certification. In the event that the amount thereof is not
paid to the commissioner as herein prescribed, the
commissioner shall certify the unpaid amount to the
comptroller, and the comptroller shall withhold such amount
from the next succeeding payment of per capita assistance to
be apportioned to such city, town or village.
b. The legislative body of any city, town or village acting to
impose regulation of residential rents pursuant to the
provisions of this act may impose on the owner of every
building containing housing accommodations subject to such
regulation an annual charge for each such accommodation in
such amount as it determines to be necessary for the
expenses to be incurred in the administration of such
regulation.
c. Whenever a city having a population of one million or more
has determined the existence of an emergency pursuant to
section three of this act, the provisions of this act and
the New York city rent stabilization law of nineteen hundred
sixty-nine shall be administered by the state division of
housing and community renewal as provided in the New York
city rent stabilization law of nineteen hundred sixty-nine,
as amended, or as otherwise provided by law. The costs
incurred by the state division of housing and community
renewal in administering such regulation shall be paid by
such city. All payments for such administration shall be
transmitted to the state division of housing and community
renewal as follows: on or after April first of each year
commencing with April, nineteen hundred eighty-four, the
commissioner of housing and community renewal shall
determine an amount necessary to defray the division's
anticipated annual cost, and one-quarter of such amount
shall be paid by such city on or before July first of such
year, one-quarter of such amount on or before October first
of such year, one-quarter of such amount on or before
January first of the following year and one-quarter of such
amount on or before March thirty-first of the following
year. After the close of the fiscal year of the state, the
commissioner shall determine the amount of all actual costs
incurred in such fiscal year and shall certify such amount
to such city. If such certified amount shall differ from the
amount paid by the city for such fiscal year, appropriate
adjustments shall be made in the next quarterly payment to
be made by such city. In the event that the amount thereof
is not paid to the commissioner as herein prescribed, the
commissioner shall certify the unpaid amount to the
comptroller, and the comptroller shall, to the extent not
otherwise prohibited by law, withhold such amount from the
next succeeding payment of per capita assistance to be
apportioned to such city. In no event shall the amount
imposed on the owners or certified by the division to the
city exceed ten dollars per unit per year.
d. The failure to pay the prescribed assessment not to exceed
ten dollars per unit for any housing accommodation subject
to this act or the New York city rent stabilization law of
nineteen hundred sixty-nine shall, until such assessment is
paid, bar an owner from applying for or collecting any
further rent increases. The late payment of the assessment
shall result in the prospective elimination of such
sanctions. The city of New York shall certify to the
division such information as the division shall deem
necessary to comply with the provisions of this subdivision.
e. The division shall maintain at least one office in each
county which is governed by the rent stabilization law of
nineteen hundred sixty-nine or this act.
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