Title 9 Part 2100

L. 1964, ch. 244, as amd.

This Subchapter shall become effective March 15, 1951.

L. 1964, ch. 244

Any provision of this Subchapter may be amended or revoked by the commissioner at any time.

Such amendment or revocation shall be filed with the Secretary of State and shall take effect upon the date of filing unless otherwise specified therein.

If any provision of this Subchapter or the application of such provisions to any persons or circumstances shall be held invalid, the validity of the remainder of this Subchapter and the applicability of such provisions to other persons or circumstances shall not be affected thereby.

L. 1964, ch. 244

Except as hereinafter provided in sections 2100.9 and 2100.10 of this Subchapter (which describe housing accommodations not subject to rent control and housing accommodations exempted by this Subchapter), this Subchapter shall apply to all housing accommodations located in the counties, cities, towns and villages listed below, and as same may be hereafter amended.

This Subchapter shall not apply to the following housing accommodations only so long as they meet the specific requirements hereinafter set forth:

Housing accommodations situated on a farm and occupied by a tenant who is engaged for a substantial portion of his time in farming operations thereon.

Dwelling space occupied by domestic servants, superintendents, caretakers, managers, or other employees to whom the space is provided as part or all of their compensation without payment of rent and who are employed for the purpose of rendering services in connection with the premises of which the dwelling space is a part.

Housing accommodations located in a resort community and customarily rented or occupied on a seasonal basis prior to October 1, 1945, which were not rented during any portion of the period beginning on November 1, 1943 and ending on February 29, 1944. This exemption shall apply only as long as the housing accommodations continue to be rented on a seasonal basis and shall be effective only from June 1 to September 30, inclusive.

Rooms in a bona fide club certified by the administrator as exempt. The administrator may so certify if on written request of the landlord the club establishes that it is a nonprofit organization and is recognized as such by written statement of the Bureau of Internal Revenue; that it rents rooms only to members, bona fide guests of members, and members of bona fide clubs with which the club has reciprocal arrangements for the exchange of privileges; and that it is otherwise operated as a bona fide club.

Rooms in a bona fide college fraternity or sorority house certified by the administrator as exempt. The administrator may so certify if, the landlord establishes that the fraternity or sorority is a bona fide organization operated for the benefit of students and not for profit as a commercial or business enterprise. This exemption shall not apply when the rooms are rented to persons who are not members of the fraternity or sorority.

Nothing in this Subchapter shall be construed to require any person to offer any housing accommodations for rent, but housing accommodations already on the rental market may be withdrawn only after an order is issued by the administrator under section 2104.9 of this Title, if such withdrawal requires that a tenant be evicted from such accommodations.

Any housing accommodation subject to this Subchapter which may be rented on or after May 1, 1955 for commercial or professional use shall continue to be subject to control and the landlord may not collect more than the maximum rent until an order is issued by the administrator exempting the housing accommodation from this Subchapter during the period of occupancy by the tenant. Such order shall be issued by the Administrator where he finds that the renting was made in good faith without any intent to evade the Act or this Subchapter and shall be effective as of the date of the commercial or professional renting.

The provisions of any lease or other rental agreement shall remain in force pursuant to the terms thereof, except insofar as those provisions are inconsistent with the Act or this Subchapter.

No payment of rent need be made unless the landlord tenders a receipt for the amount to be paid when so requested by a tenant.

An agreement by the tenant to waive the benefit of any provision of the Act or this Subchapter is void.

Parts 2100 to 2109, inclusive, of this Subchapter are applicable to housing accommodations within the city of Albany; provided, however, that wherever March 1, 1950 appears therein, April 1, 1962 shall be substituted, and wherever May 1, 1950 appears therein, June 30, 1963 shall be substituted.

Any housing accommodations on or after May 1, 1972 which are not occupied by the tenant in possession as his primary residence shall continue to be subject to rent control unless the administrator issues an order decontrolling such accommodation, which the administrator shall do upon application by the landlord, whenever it is established by any facts and circumstances which, in the judgment of the administrator, may have a bearing upon the question of residence, that the tenant maintains his primary residence at some place other than at such housing accommodation.