Title ERL, Emergency Housing Rent Control Law 274/46 337/61

Chapter 274 of the laws of 1946 and as amended generally by chapter 337 of the laws of 1961 Emergency housing rent control law Section 1. Declaration and findings; termination. 1. The legislature hereby finds that a serious public emergency continues to exist in the housing of a…

§ 10. Prohibitions. 1. It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodations in excess of the maximum rent or otherwise to do or omit to do any…

§ 11. Enforcement. 1. Whenever in the judgment of the commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of section ten of this act, the commission may make application to the supreme …

§ 12. Application. 1. Whenever the commission shall find that, in any municipality specified by the commission, (a) the percentage of vacancies in all or any particular class of housing accommodations is five per centum or more, or, (b) the availability of adequate rental housin…

§ 13. Pending proceedings. The commission may provide for and authorize the continued processing of any application or proceeding pending at the time this act becomes effective, provided, however, that the final determination of the commission in such pending application or proc…

§ 14. Intent. 1. It is the intention of this act to subject to control only those housing accommodations, as that term is defined herein, which were subject to rent control and for which a maximum rent was in effect on March first, nineteen hundred fifty, pursuant to federal or …

§ 15. Separability. If any provision of this act or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of the act and the applicability of such provision to other persons or circumstances shall not be affected th…

§ 16. Except for matters pending before the commission, no action or proceeding, civil or criminal, pending at the time when this act as amended shall take effect, brought by or against the commission, shall be affected or abated by the enactment of this act or by anything there…

§ 17. Short title. This act shall be known and may be cited as the emergency housing rent control law.

§ 2. Definitions. When used in this act, unless a different meaning clearly appears from the context, the following terms shall mean and include: 1. "Commission". Prior to July first, nineteen hundred sixty-four, the temporary state housing rent commission created by this act. O…

§ 3. Temporary state housing rent commission. 1. There is hereby created a temporary state commission, to be known as the temporary state housing rent commission. Such commission shall consist of one commissioner, to be known as the state rent administrator, who shall be appoint…

§ 4. General powers and duties of the commission. 1. At the time this\nact shall become effective, the commission shall establish maximum rents\nwhich shall be\n (a) for housing accommodations outside the city of New York, the\nmaximum rent which was established on March first, …

§ 5. Evictions. 1. So long as the tenant continues to pay the rent to\nwhich the landlord is entitled, no tenant shall be removed from any\nhousing accommodation with respect to which a maximum rent is in effect\npursuant to this act by action to evict or to recover possession, …

§ 6. Investigations; records; reports. 1. The commission is authorized to make such studies and investigations, to conduct such hearings, and to obtain such information as the commission deems necessary or proper in prescribing any regulation or order under this act or in the ad…

§ 7. Cooperation with other governmental agencies. 1. The commission shall cooperate with the federal government and other appropriate governmental agencies in effectuating the purposes of this act, and shall endeavor to procure and may accept from the federal housing expediter …

§ 8. Procedure. 1. After the issuance of any regulation or order by the commission any person subject to any provision of such regulation or order may, in accordance with regulations to be prescribed by the commission, file a protest against such regulation or order specifically…

§ 8-a. Major capital improvements and individual apartment improvements in rent regulated units. 1. Notwithstanding any other provision of law to the contrary, the division of housing and community renewal, the "division", shall promulgate rules and regulations applicable to all…

§ 9. Judicial review. 1. Any person who is aggrieved by the final determination of a protest may, in accordance with article seventy-eight of the civil practice law and rules, within sixty days after such determination, commence a proceeding in the supreme court praying that the…