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 considerable number of persons in the  state  of  New  York  which emergency was created by war, the effects of war and the aftermath  of  hostilities;  that  such  emergency necessitated the intervention of  federal, state and local government in  order  to  prevent  speculative,  unwarranted  and  abnormal  increases  in rents; that there continues to  exist an acute shortage of dwellings; that unless residential rents  and  evictions  continue to be regulated and controlled, disruptive practices  and abnormal conditions will  produce  serious  threats  to  the  public  health,  safety  and  general  welfare;  that  to prevent such perils to  health,  safety  and  welfare,  preventive  action  by  the  legislature  continues  to  be  imperative; that such action is necessary in order to  prevent exactions of  unjust,  unreasonable  and  oppressive  rents  and  rental  agreements  and to forestall profiteering, speculation and other  disruptive practices tending to produce threats to  the  public  health;  that  the  transition  from  regulation  to  a  normal  market  of  free  bargaining between landlord and tenant, while  still  the  objective  of  state  policy,  must be administered with due regard for such emergency;  that in order to prevent  uncertainty,  hardship  and  dislocation,  the  provisions  of  this  act  are  declared to be necessary and designed to  protect the public health, safety and general welfare.    2. The provisions  of  this  act,  and  all  regulations,  orders  and  requirements  thereunder shall remain in full force and effect until and  including June 15, 2011.    * NB Effective until June 16, 2011    * § 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.  On  and  after  July  first, nineteen hundred sixty-four, the division of housing  and community renewal in the executive department.    2. "Housing accommodation." Any building or  structure,  permanent  or  temporary,  or  any part thereof, occupied or intended to be occupied by  one or more individuals as a residence, home, sleeping  place,  boarding  house,  lodging  house  or  hotel,  together with the land and buildings  appurtenant  thereto,  and  all   services,   privileges,   furnishings,  furniture  and  facilities  supplied  in  connection with the occupation  thereof, including (a) entire structures or  premises  as  distinguished  from  the  individual  housing accommodations contained therein, wherein  twenty-five or less rooms are rented or offered for rent by any  lessee,  sublessee  or other tenant of such entire structure or premises, and (b)  housing accommodations which were previously exempt, or not  subject  to  control  as  a  result of conversion or a change from a non-housing to a  housing use and which have subsequently been certified  by  a  municipal  department  having  jurisdiction  to  be a fire hazard or in a continued  dangerous condition or detrimental to life or health but only so long as  such illegal or hazardous condition continues and further  certification  with   respect   thereto  shall  not  be  required  notwithstanding  any  inconsistent provision of this act, and 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, unless exempt or excluded from control pursuant to any  other provision of this act, except that it shall not include structures

  in which all of the housing accommodations are exempt or not subject  to  control under this act or any regulation issued thereunder; or    (a)  a  hospital,  convent,  monastery, asylum, public institution, or  college or school dormitory or any institution operated exclusively  for  charitable or educational purposes on a non-profit basis; or    (b)   notwithstanding   any   previous   order,  finding,  opinion  or  determination  of  the  commission,  housing   accommodations   in   any  establishment  which  on  March  first,  nineteen hundred fifty, was and  still is commonly regarded as a hotel in the community in  which  it  is  located  and  which  customarily  provides  hotel  services such as maid  service, furnishing and laundering of linen, telephone  and  secretarial  or  desk  service,  use and upkeep of furniture and fixtures and bellboy  service, provided, however, that the term hotel shall  not  include  any  establishment  which  is commonly regarded in the community as a rooming  house,  nor  shall  it  include  any  establishment  not  identified  or  classified  as  a  "hotel",  "transient  hotel"  or  "residential hotel"  pursuant to the federal act,  irrespective  whether  such  establishment  provides  either  some  services  customarily  provided by hotels, or is  represented to be a hotel, or both; and provided  further  that  housing  accommodations  in hotels only within the cities of Buffalo and New York  which have been and still are occupied by a tenant who  has  resided  in  such   hotel   continuously  since  December  second,  nineteen  hundred  forty-nine, so long as such tenant occupies the same, shall continue  to  remain subject to control under this act; or    (c)  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; or    (d) 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 (husband and wife  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; or    (e) housing accommodations operated by the United States, the state of  New  York,  or any political subdivision thereof, or by any municipal or  public authority, only so long as  they  are  so  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  powers granted under laws other than the emergency housing  rent control law;    (f) housing  accommodations  in  buildings  operated  exclusively  for  charitable purposes on a non-profit basis; or    (g)  housing  accommodations which were completed on or after February  first, nineteen hundred forty-seven,  provided,  however,  that  maximum  rents  established under the veterans emergency housing act for priority  constructed housing accommodations completed on or after February first,  nineteen hundred forty-seven, 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  thirtieth,  nineteen  hundred  forty-seven,  either occupied such housing accommodations or had a right  to occupy such housing accommodations at  any  time  on  or  after  July  first, nineteen hundred forty-seven, under any agreement whether written  or  oral;  or  which  are (1) housing accommodations created by a change  from a non-housing to a housing use on or after February first, nineteen  hundred forty-seven, or which are (2) additional housing accommodations,  other than rooming house accommodations, created  by  conversion  on  or

  after  February  first, nineteen hundred forty-seven; provided, however,  that any housing accommodations created as a result of any conversion of  housing accommodations on or after May first,  nineteen  hundred  fifty,  shall  continue  to  be  subject  to rent control as provided for herein  unless the commission issues an order decontrolling them which it  shall  do   if  there  has  been  a  structural  change  involving  substantial  alterations or remodeling and such change  has  resulted  in  additional  housing  accommodations  consisting  of  self-contained  family units as  defined by regulations  issued  by  the  commission;  provided  further,  however, that such order of decontrol shall not apply to that portion of  the original housing accommodation occupied by a tenant in possession at  the  time of the conversion but only so long as that tenant continues in  occupancy; and provided further, that no such order of  decontrol  shall  be issued unless such conversion occurred after the entire structure, or  any  lesser portion thereof as may have been thus converted, was vacated  by voluntary surrender of  possession  or  in  the  manner  provided  in  section five of this act; or    (h)  housing  accommodations  which  are  rented  after  April  first,  nineteen hundred fifty-three, and have been continuously occupied by the  owner thereof for a period one  year  prior  to  the  date  of  renting;  provided,  however,  that this paragraph shall not apply where the owner  acquired possession of the housing accommodation after the issuance of a  certificate of eviction under subdivision two of section  five  of  this  act  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; or    (i) housing accommodations which become vacant provided, however, that  this exemption shall not apply or become effective where the  commission  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;  and  further  provided  that  housing  accommodations  as  to which a housing  emergency has been declared pursuant to the emergency tenant  protection  act  of nineteen seventy-four shall be subject to the provisions of such  act for the duration of such emergency; or    (j) 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  first,  nineteen  hundred  fifty-five,  in  the counties of  Monroe, Nassau, Oneida, Onondaga and Schenectady, and, on and after July  first, nineteen hundred fifty-seven, 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  in any city or town within the counties of Monroe, Oneida or Schenectady  subject to the provisions of subdivision four of section  twelve  hereof  providing  for  the  continuance  or  reestablishment  of  controls with  respect to such housing accommodations therein; or    (k) housing accommodations (not  otherwise  exempt  or  excluded  from  control)  elsewhere  than  in  the  city  of  New  York,  except housing  accommodations used as boarding houses or rooming houses in  the  county

  of  Westchester,  which  are  or  become  vacant on or after July first,  nineteen hundred fifty-seven, provided,  however,  that  this  exemption  shall not apply or become effective in any case where the vacancy in the  housing  accommodations 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 the consent  or  default  of  the  tenant or otherwise without a trial, and provided, further, however  that this exemption shall become effective in any city or  town  subject  to the provisions of subdivision five of section twelve hereof providing  for   the   continuance   of   control  with  respect  to  such  housing  accommodations, 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 which are not occupied  by  the  tenant  in  possession  as  his or her primary residence provided, however, that any  such housing accommodation shall continue to be subject to rent  control  as  provided  herein unless the commission issues an order decontrolling  such accommodation which the commission shall do upon application by the  landlord, whenever it is established  by  any  facts  and  circumstances  which,  in  the  judgment of the commission, may have a bearing upon the  question of residence, that the tenant  maintains  his  or  her  primary  residence  at  some  place other than at such housing accommodation. For  the purposes of determining primary residency, a tenant who is a  victim  of domestic violence, as defined in section four hundred fifty-nine-a of  the social services law, who has left the unit because of such violence,  and  who  asserts an intent to return to the housing accommodation shall  be deemed to be occupying the unit as his or her primary residence.    (m) upon the issuance of  an  order  of  decontrol  by  the  division,  housing  accommodations  which:  (1)  are occupied by persons who have a  total annual income in  excess  of  one  hundred  seventy-five  thousand  dollars  in  each of the two preceding calendar years, as defined in and  subject to the limitations and process set forth  in  section  two-a  of  this  law;  and  (2) have a maximum rent of two thousand dollars or more  per month.    (n) any housing accommodation with a  maximum  rent  of  two  thousand  dollars or more per month at any time between the effective date of this  paragraph  and  October first, nineteen hundred ninety-three which is or  becomes vacant on or after the effective date of this paragraph, or  any  housing  accommodation  with  a  maximum rent of two thousand dollars or  more per month at any time on or after the effective date  of  the  rent  regulation reform act of 1997 which is or becomes vacant on or after the  effective date of the rent regulation reform act of 1997. This exclusion  shall  apply  regardless  of whether the next tenant in occupancy or any  subsequent tenant in occupancy actually is charged or pays less than two  thousand dollars a month. This exclusion shall not apply, however, to or  become effective  with  respect  to  housing  accommodations  which  the  commissioner  determines or finds that the landlord or any person acting  on his or her behalf, with intent to cause the  tenant  to  vacate,  has  engaged  in  any  course  of  conduct  (including,  but  not limited to,  interruption or discontinuance of required  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  or  her  use  or  occupancy  of  the  housing  accommodations  and in connection with such  course of conduct, any other general enforcement provision of  this  law  shall also apply.

    2-a.  The  landlord  of a housing accommodation specified in paragraph  (h) or (i) or (j) or (k) of subdivision two of this section shall file a  report with the commission within thirty  days  following  the  date  of  first  rental  of  such  accommodation  after decontrol. No copy of such  report  shall  be  required  to  be  served  upon the new tenant of such  housing accommodation.    3. "Rent." Consideration, including any  bonus,  benefit  or  gratuity  demanded  or  received for or in connection with the use or occupancy of  housing accommodations or the  transfer  of  a  lease  of  such  housing  accommodations.    4.  "Maximum  rent."  The  maximum  lawful rent for the use of housing  accommodations. Maximum rents may be formulated in terms  of  rents  and  other charges and allowances.    5.  "Person." An individual, corporation, partnership, association, or  any other organized group of  individuals  or  the  legal  successor  or  representative of any of the foregoing.    6.  "Landlord." An owner, lessor, sublessor, assignee, or other person  receiving or entitled to receive rent for the use or  occupancy  of  any  housing accommodation or an agent of any of the foregoing.    7.  "Tenant."  A tenant, subtenant, lessee, sublessee, or other person  entitled to the possession or to the use or  occupancy  of  any  housing  accommodation.    8.  "Documents."  Records,  books, accounts, correspondence, memoranda  and other documents, and drafts and copies of any of the foregoing.    9. "Municipality." A city, town or village.    10. "Local governing body."    a. In the case of a city, the council, common council or board of    aldermen  and  the  board  of  estimate,   board   of   estimate   and  apportionment or board of estimate and contract, if there be one.    b. In the case of a town, the town board.    c. In the case of a village, the board of trustees.    11.  "Local laws." The local laws specified in chapter one of the laws  of  nineteen  hundred  fifty,  namely  local  laws  numbers  twenty-one,  twenty-three,  twenty-four,  twenty-five  and seventy-three of the local  laws of the city of New York for the year nineteen  hundred  forty-nine;  and  local law number three of the city of Buffalo for the year nineteen  hundred forty-seven.    12. "Federal act." The emergency price control act of nineteen hundred  forty-two, and as thereafter amended and as superseded  by  the  housing  and  rent  act  of  nineteen  hundred forty-seven, and as the latter was  thereafter amended prior to  May  first,  nineteen  hundred  fifty,  and  regulations adopted pursuant thereto.    * NB Effective until June 16, 2011    * § 2-a.  (a)  For  purposes of this section, annual income shall mean  the federal adjusted gross income as reported  on  the  New  York  state  income  tax  return.  Total  annual  income  means the sum of the annual  incomes of all persons who occupy the  housing  accommodation  as  their  primary  residence  on other than a temporary basis, excluding bona fide  employees of such occupants residing therein  in  connection  with  such  employment  and  excluding bona fide subtenants in occupancy pursuant to  the provisions of section two hundred twenty-six-b of the real  property  law.    In  the case where a housing accommodation is sublet, the annual  income of the sublessor shall be considered.    (b) On or before the first day of May in each calendar year, the owner  of each housing accommodation for which the maximum rent is two thousand  dollars or more per month may provide the  tenant  or  tenants  residing  therein  with  an  income certification form prepared by the division of  housing and community renewal on which  such  tenant  or  tenants  shall

  identify  all persons referred to in subdivision (a) of this section and  shall certify whether the total  annual  income  is  in  excess  of  one  hundred  seventy-five  thousand  dollars  in  each  of the two preceding  calendar  years.  Such  income  certification  form shall state that the  income level certified to by the tenant may be subject  to  verification  by  the  department  of  taxation  and  finance  pursuant to section one  hundred seventy-one-b of the tax law and shall not require disclosure of  any income information other than whether the  aforementioned  threshold  has  been  exceeded.  Such income certification form shall clearly state  that: (i) only tenants residing in housing accommodations  which  had  a  maximum  rent  of two thousand dollars or more per month are required to  complete the certification form;  (ii)  that  tenants  have  protections  available  to  them which are designed to prevent harassment; (iii) that  tenants are not required to  provide  any  information  regarding  their  income  except  that which is requested on the form and may contain such  other information the division deems appropriate. The tenant or  tenants  shall return the completed certification to the owner within thirty days  after  service  upon  the tenant or tenants. In the event that the total  annual income as certified is in  excess  of  one  hundred  seventy-five  thousand dollars in each such year, the owner may file the certification  with  the  state  division of housing and community renewal on or before  June thirtieth of such year. Upon filing  such  certification  with  the  division, the division shall, within thirty days after the filing, issue  an  order  of decontrol providing that such housing accommodations shall  not be subject to the provisions of this law as of the first day of June  in the year next succeeding the  filing  of  the  certification  by  the  owner.  A  copy  of  such order shall be mailed by regular and certified  mail, return receipt requested, to the tenant  or  tenants  and  a  copy  thereof shall be mailed to the owner.    (c)  1.  In the event that the tenant or tenants either fail to return  the completed certification to the owner on or before the date  required  by   subdivision   (b)  of  this  section  or  the  owner  disputes  the  certification returned by the tenant or tenants, the owner  may,  on  or  before  June  thirtieth  of  such  year,  petition the state division of  housing and community renewal to verify, pursuant to section one hundred  seventy-one-b of the tax law, whether the total  annual  income  exceeds  one  hundred  seventy-five thousand dollars in each of the two preceding  calendar years. Within twenty days after the filing of such request with  the division, the division shall notify the tenant or tenants that  such  tenant or tenants must provide the division with such information as the  division  and  the  department  of taxation and finance shall require to  verify whether the total annual income exceeds one hundred  seventy-five  thousand  dollars  in  each such year. The division's notification shall  require the tenant or tenants to provide the information to the division  within sixty days of service upon  such  tenant  or  tenants  and  shall  include a warning in bold faced type that failure to respond will result  in  an  order of decontrol being issued by the division for such housing  accommodation.    2. If the department of taxation and finance determines that the total  annual income is in excess of one hundred seventy-five thousand  dollars  in  each  of the two preceding calendar years, the division shall, on or  before November fifteenth of such year, notify the owner and tenants  of  the  results  of such verification. Both the owner and the tenants shall  have thirty days within which to comment on such  verification  results.  Within  forty-five  days after the expiration of the comment period, the  division shall, where appropriate, issue an order of decontrol providing  that such housing accommodation shall not be subject to  the  provisions  of this law as of the first day of March in the year next succeeding the

  filing  of  the owner's petition with the division. A copy of such order  shall be mailed by regular and certified mail, return receipt requested,  to the tenant or tenants and a copy thereof shall be sent to the owner.    3.  In the event the tenant or tenants fail to provide the information  required pursuant to paragraph one of  this  subdivision,  the  division  shall  issue,  on  or  before  December  first of such year, an order of  decontrol providing that such housing accommodation shall not be subject  to the provisions of this law as of the first day of March in  the  year  next  succeeding  the  last  day  on  which  the  tenant or tenants were  required to provide the information required by such paragraph.  A  copy  of  such  order  shall  be  mailed by regular and certified mail, return  receipt requested, to the tenant or tenants and a copy thereof shall  be  sent to the owner.    4.  The  provisions  of the state freedom of information act shall not  apply to any income information obtained by  the  division  pursuant  to  this section.    (d)  This section shall apply only to paragraph (m) of subdivision two  of section two of this law.    (e) Upon receipt of such order of decontrol pursuant to this  section,  an  owner shall offer the housing accommodation subject to such order to  the tenant at a rent not in excess of the market  rent,  which  for  the  purposes  of  this  section  means  a rent obtainable in an arm's length  transaction. Such rental offer shall be made by the owner in writing  to  the  tenant  by  certified  and regular mail and shall inform the tenant  that such offer must be accepted in writing within ten days of  receipt.  The tenant shall respond within ten days after receipt of such offer. If  the  tenant  declines  the offer or fails to respond within such period,  the owner may commence an action or proceeding for the eviction of  such  tenant.    * NB Effective until June 16, 2011    * § 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  appointed by the governor, by and with the advice  and  consent  of  the  senate,  and  who  shall  serve  during the pleasure of the governor. He  shall receive an annual salary to  be  provided  by  law.  He  shall  be  entitled to his expenses actually and necessarily incurred by him in the  performance of his duties.    2. The commission shall establish and maintain such offices within the  state  as  the commission may deem necessary, and shall designate one of  them as its principal office. The commission may appoint such  officers,  counsel,  employees and agents as the commission may deem necessary, fix  their compensation within the limitations provided by law, and prescribe  their duties. All employees of the  commission  shall  be  appointed  in  accordance with the provisions of the civil service law and rules.    3.  Any  officer  or employee under federal or municipal civil service  selected by the commission may, with  the  consent  of  the  appropriate  governmental  agency by which he is or has been employed, be transferred  without further examination  or  qualification  to  comparable  offices,  positions  and  employment  under  the  commission.  Any such officer or  employee who has been appointed to an office or position under the rules  and  classifications  of  the  state  or  any  municipal  civil  service  commission,   shall  retain,  upon  such  transfer,  the  civil  service  classification and status which he had prior to such transfer. Any  such  officer  or  employee  who  at  the  time of transfer has a temporary or  provisional appointment shall be  subject  to  removal,  examination  or  termination  as  though  such transfer had not been made. The commission

  may, by agreement with the appropriate federal agency  and  state  civil  service  commission,  make  similar provision for any federal officer or  employee so transferred. Notwithstanding the  provisions  of  any  other  law,  any  such  officer  or  employee  so  transferred, pursuant to the  provisions of this section, who is a member  or  beneficiary  under  any  existing  municipal pension or retirement system, shall continue to have  all rights, privileges, obligations and  status  with  respect  to  such  fund,  system  or  systems  as are now prescribed by law, but during the  period of his employment by the commission,  all  contributions  to  any  pension  or  retirement  fund  or  system  to be paid by the employer on  account of such officer or employee, shall be paid  by  the  commission.  The  commission  may  by  agreement with the appropriate federal agency,  make similar provisions relating to retirement for any  federal  officer  or employee so transferred.    * NB Effective until June 16, 2011    * § 4.  General  powers  and  duties of the commission. 1. At the time  this act shall become effective, the commission shall establish  maximum  rents which shall be    (a)  for  housing  accommodations  outside  the  city of New York, the  maximum rent which was established  on  March  first,  nineteen  hundred  fifty,  pursuant  to  the federal act, and shall not include adjustments  granted by  orders  issued  under  the  federal  act  after  that  date,  regardless of whether they were made effective as of, or retroactive to,  that date or a date prior thereto; and    (b)  for  housing  accommodations  within  the  city  of New York, the  maximum rent which was established  on  March  first,  nineteen  hundred  fifty,  pursuant  to  the federal act, and shall not include either, (1)  adjustments granted by orders issued under the federal  act  after  that  date,  regardless  of  whether  they  were  made  effective  as  of,  or  retroactive to, that date or a date prior thereto,  or  (2)  adjustments  granted by orders increasing the maximum rent, issued after March first,  nineteen  hundred  forty-nine,  under  the  federal  act,  regardless of  whether the order of increase was made effective as of,  or  retroactive  to,  March  first, nineteen hundred forty-nine, or a date prior thereto,  but  shall  include  adjustments  for  new  or  additional  services  or  facilities  provided  by  the  landlord while the housing accommodations  were not rented or where tenant-occupied, to which the  tenant  then  in  possession had agreed, either expressly or impliedly; and    (c)  for  housing  accommodations  within  the  cities of New York and  Buffalo which on March first, nineteen hundred  fifty,  had  no  maximum  rent  established pursuant to the federal act, but which were subject to  a maximum rent established pursuant to the local laws of the  cities  of  New  York  and  Buffalo, the maximum rent which was established on March  first, nineteen hundred fifty, pursuant to such local laws.    2. Whenever the commission determines that such action is necessary to  effectuate the purposes of this act, it may also establish maximum rents  for  housing  accommodations,  as  that  term  is  defined  herein,   in  municipalities  in  which  no maximum rent was in effect on March first,  nineteen hundred fifty. Any housing accommodation for  which  a  maximum  rent  is  so established shall be deemed a housing accommodation for all  the purposes, and subject to all the provisions of this act.    2-a. For housing accommodations created by a change from a non-housing  to a housing use or by conversion on or after February  first,  nineteen  hundred   forty-seven,   including  those  decontrolled  by  order,  and  certified by a municipal department having jurisdiction  to  be  a  fire  hazard  or  in a continued dangerous condition or detrimental to life or  health, the maximum rent shall be the rent  charged  on  January  first,  nineteen  hundred fifty-seven, or the date of first rental, whichever is

  later. Any housing  accommodations  for  which  a  maximum  rent  is  so  established  shall  be  deemed  a  housing  accommodation  for  all  the  purposes, and subject to all the provisions of this  act,  but  only  so  long  as  such  illegal  or  hazardous  condition  continues and further  certification with respect thereto shall not be required notwithstanding  any inconsistent provision of this act.    2-b. Provision shall be made pursuant to regulations prescribed by the  commission for the establishment, adjustment and modification of maximum  rents  in  rooming   houses,   which   shall   include   those   housing  accommodations   subject  to  control  pursuant  to  the  provisions  of  paragraph (b) of subdivision two of section  two  of  this  act,  having  regard for any factors bearing on the equities involved, consistent with  the   purposes   of  this  act  to  correct  speculative,  abnormal  and  unwarranted increases in rent.    3. Whenever the foregoing standard is not susceptible  of  application  to  a  housing accommodation to which this act applies, and for which no  maximum rent was established on March first, nineteen hundred fifty,  or  where  no  registration statement had been filed as had been required by  the federal act,  the  maximum  rent  thereof  shall  be  fixed  by  the  commission,  having  regard  to the maximum rents for comparable housing  accommodations or any other factors bearing on  the  equities  involved,  consistent with the purposes of this act.    3-a.  Notwithstanding the foregoing provisions of this section, on and  after May first, nineteen hundred fifty-three, the maximum rent for  any  housing accommodations shall not be less than the maximum rent in effect  on  March  first,  nineteen hundred forty-three (or if there was no such  maximum rent then in effect, the maximum rent first established pursuant  to the federal act prior to July first,  nineteen  hundred  forty-seven)  plus fifteen per centum thereof as such sum is adjusted to reflect:    (1)  the  amount  of  any  decreases in maximum rent required by order  because of decreases in dwelling space, services, furniture, furnishings  or equipment,  or  substantial  deterioration  or  failure  to  properly  maintain such housing, and    (2)  the  amount  of  increases  in  maximum  rent authorized by order  because of increases in dwelling space, services, furniture, furnishings  or equipment, or major capital improvements.    Nothing contained in this subdivision, however, shall have the  effect  of  increasing  the  maximum rent of any housing accommodation more than  fifteen per centum above the maximum rent in effect on April  thirtieth,  nineteen hundred fifty-three.    4.  (a)  The commission may from time to time adopt, promulgate, amend  or rescind such rules, regulations and orders as it may  deem  necessary  or  proper  to  effectuate the purposes of this act, including practices  relating to recovery of possession; provided that such  regulations  can  be put into effect without general uncertainty, dislocation and hardship  inconsistent  with  the  purposes of this act; and provided further that  such regulations shall be designed to maintain a system of rent controls  at levels which, in the judgment of the commission, are  generally  fair  and  equitable and which will provide for an orderly transition from and  termination  of   emergency   controls   without   undue   dislocations,  inflationary price rises or disruption. Provision shall be made pursuant  to  regulations  prescribed by the commission, for individual adjustment  of maximum rents where the rental income from a property  yields  a  net  annual  return  of  less  than  seven  and  one-half  per  centum of the  valuation of the property. Such valuation shall be the current  assessed  valuation  established by a city, town or village, which is in effect at  the time of the filing of the application for an adjustment  under  this  subparagraph  properly adjusted by applying thereto the ratio which such

  assessed valuation bears to the full  valuation  as  determined  by  the  state  board  of  equalization and assessment on the basis of assessment  rolls of cities, towns  and  villages  for  the  year  nineteen  hundred  fifty-four and certified for such year by such board pursuant to section  forty-nine-d  of  the tax law; provided, however, that where at the time  of  the  filing  of  the  application  for  an  adjustment  under   this  subparagraph  such  board  has  computations  for such year indicating a  different ratio for subclasses of residential property in a  city,  town  or  village,  the  commission  shall  give  due  consideration  to  such  different  ratio  except  ratios  in  excess  of  one  hundred  percent,  provided,  further,  that  where  such  board  has  not  determined  and  certified any ratio pursuant to such section of such  law  for  a  city,  town  or  village  for  such  year, the commission shall apply the ratio  determined or certified by such board pursuant to section twelve hundred  twelve of the real property tax law for the  most  recent  year;  except  where  there has been a bona fide sale of the property within the period  between March fifteenth, nineteen hundred fifty-seven, and the  time  of  the  filing  of the application, as the result of a transaction at arms'  length, on normal financing terms at a readily ascertainable  price  and  unaffected  by  special circumstances such as a forced sale, exchange of  property, package deal, wash sale  or  sale  to  cooperative;  provided,  however,  that  where  there  has been more than one such bona fide sale  within a period of two years prior to the date of  the  filing  of  such  application the commission shall disregard the most recent of such sales  if a prior sale within such two-year period was adopted as the valuation  of  the property in a proceeding under this subparagraph. In determining  whether a sale was on normal financing terms, the commission shall  give  due consideration to the following factors:    (i)  The  ratio  of the cash payment received by the seller to (a) the  sales price of the property and (b) the annual  gross  income  from  the  property;    (ii)  The  total  amount  of the outstanding mortgages which are liens  against the property (including purchase money  mortgages)  as  compared  with the equalized assessed valuation of the property;    (iii)  The  ratio of the sales price to the annual gross income of the  property,  with  consideration  given  to  the  total  amount  of   rent  adjustments previously granted, exclusive of rent adjustments because of  changes   in   dwelling   space,  services,  furniture,  furnishings  or  equipment, major capital improvements, or substantial rehabilitation;    (iv)  The  presence  of  deferred  amortization  in   purchase   money  mortgages, or the assignment of such mortgages at a discount;    (v)  Any other facts and circumstances surrounding such sale which, in  the judgment of the commission, may have a bearing upon the question  of  financing.    No application for adjustment of maximum rent based upon a sales price  valuation  shall  be filed by the landlord under this subparagraph prior  to six months from the date of such sale of the property.  In  addition,  no  adjustment  ordered  by  the  commission based upon such sales price  valuation shall be effective prior to one year from  the  date  of  such  sale.  Where,  however,  the assessed valuation of the land exceeds four  times the assessed valuation of the buildings  thereon,  the  commission  may  determine  a  valuation  of  the  property  equal to five times the  equalized assessed valuation of the buildings, for the purposes of  this  subparagraph. The commission may make a determination that the valuation  of  the  property  is  an  amount different from such equalized assessed  valuation where there is a request for  a  reduction  in  such  assessed  valuation  currently pending; or where there has been a reduction in the  assessed valuation for the year next preceding the effective date of the

  current assessed valuation in effect at the time of the  filing  of  the  application.  Net  annual return shall be the amount by which the earned  income  exceeds  the  operating  expenses  of  the  property,  excluding  mortgage   interest  and  amortization,  and  excluding  allowances  for  obsolescence and reserves, but including an allowance  for  depreciation  of  two  per centum of the value of the buildings exclusive of the land,  or the amount shown for depreciation of  the  buildings  in  the  latest  required  federal  income  tax  return,  whichever  is  lower; provided,  however, that no allowance for depreciation of the  buildings  shall  be  included  where  the  buildings  have been fully depreciated for federal  income tax purposes or on the books of the owner; or  (2)  the  landlord  who  owns  no  more than four rental units within the state has not been  fully compensated by increases in rental  income  sufficient  to  offset  unavoidable  increases in property taxes, fuel, utilities, insurance and  repairs and maintenance, excluding mortgage interest  and  amortization,  and  excluding  allowances  for depreciation, obsolescence and reserves,  which have occurred since the federal date determining the maximum  rent  or the date the property was acquired by the present owner, whichever is  later;  or  (3) the landlord operates a hotel or rooming house or owns a  cooperative apartment and has not been fully compensated by increases in  rental income from the controlled housing accommodations  sufficient  to  offset  unavoidable  increases  in property taxes and other costs as are  allocable to such controlled housing accommodations, including costs  of  operation  of  such  hotel  or  rooming  house,  but  excluding mortgage  interest and amortization, and excluding  allowances  for  depreciation,  obsolescence  and  reserves,  which have occurred since the federal date  determining the maximum rent or the  date  the  landlord  commenced  the  operation  of  the property, whichever is later; or (4) the landlord and  tenant voluntarily enter into a valid written lease in good  faith  with  respect  to  any  housing  accommodation,  which  lease  provides for an  increase in the maximum rent not in excess of fifteen per centum and for  a term of not less than two years, except that where such lease provides  for an increase in excess of fifteen per centum, the increase  shall  be  automatically  reduced  to  fifteen  per centum; or (5) the landlord and  tenant by mutual voluntary written  agreement  agree  to  a  substantial  increase  or  decrease  in  dwelling  space or a change in the services,  furniture,  furnishings   or   equipment   provided   in   the   housing  accommodations;  provided  that  an  owner  shall  be entitled to a rent  increase where there has been a substantial modification or increase  of  dwelling  space  or  an increase in the services, or installation of new  equipment or improvements or new furniture or furnishings provided in or  to a tenant's housing  accommodation.  The  permanent  increase  in  the  maximum   rent   for   the   affected  housing  accommodation  shall  be  one-fortieth of the total cost incurred by  the  landlord  in  providing  such  modification  or  increase in dwelling space, services, furniture,  furnishings or  equipment,  including  the  cost  of  installation,  but  excluding finance charges provided further that an owner who is entitled  to  a  rent  increase pursuant to this clause shall not be entitled to a  further rent increase based upon the installation of similar  equipment,  or  new  furniture  or  furnishings  within  the useful life of such new  equipment, or new furniture or furnishings. The owner shall give written  notice to the commission of any such adjustment pursuant to this clause;  or (6) there has been, since March first,  nineteen  hundred  fifty,  an  increase  in  the rental value of the housing accommodations as a result  of a substantial rehabilitation of the building or housing accommodation  therein  which  materially  adds  to  the  value  of  the  property   or  appreciably  prolongs  its life, excluding ordinary repairs, maintenance  and replacements; or (7) there has  been  since  March  first,  nineteen

  hundred  fifty,  a major capital improvement required for the operation,  preservation or maintenance of the structure;  or  (8)  there  has  been  since March first, nineteen hundred fifty, in structures containing more  than  four  housing  accommodations,  other  improvements  made with the  express consent of the tenants in occupancy of at least seventy-five per  centum  of  the  housing  accommodations,  provided,  however,  that  no  adjustment  granted hereunder shall exceed fifteen per centum unless the  tenants have agreed to  a  higher  percentage  of  increase,  as  herein  provided;  or  (9)  there  has been, since March first, nineteen hundred  fifty, a subletting without written consent  from  the  landlord  or  an  increase  in  the  number  of adult occupants who are not members of the  immediate  family  of  the  tenant,  and  the  landlord  has  not   been  compensated therefor by adjustment of the maximum rent by lease or order  of  the  commission or pursuant to the federal act; or (10) the presence  of unique or peculiar circumstances  materially  affecting  the  maximum  rent  has  resulted  in a maximum rent which is substantially lower than  the rents generally  prevailing  in  the  same  area  for  substantially  similar housing accommodations.    In  addition  to  the  filing  of written statements setting forth the  final rate of equalization concerning assessment rolls of cities,  towns  and  villages,  after  determination  thereof  by  the  state  board  of  equalization and assessment,  with  the  appropriate  officials  as  now  required  by  law,  such  board  shall  also  file  a  copy of each such  statement, duly certified, in so far as they relate to cities, towns and  villages subject to rent control pursuant to this act,  with  the  state  rent administrator and the chairman of the temporary state commission to  study   rents   and   rental  conditions.  Where  such  board  has  made  computations indicating a different ratio for subclasses of  residential  property,   such   information  shall  also  be  filed  with  such  rent  administrator and the chairman of such temporary state commission.    (b) The total of all adjustments ordered by the commission pursuant to  (1) and (3)  of  paragraph  (a)  of  subdivision  four  hereof  for  any  individual  housing  accommodations  shall not exceed fifteen per centum  for any twelve month period; provided,  however,  that  in  ordering  an  adjustment  pursuant  to  (1),  the commission may waive this limitation  where a greater increase is necessary to make the earned income  of  the  property equal to its operating expense; provided further, however, that  the maximum rents subject to the allocation requirement of paragraph (c)  hereof  shall be increased by such further additional amount during each  succeeding twelve-month period, not exceeding fifteen per centum of  the  maximum  rent  in  effect on the effective date of the original order of  adjustment, until the maximum rents for the property shall  reflect  the  net  annual return provided for pursuant to (1) hereof, but in no event,  however, shall the total increase ordered for a succeeding  twelve-month  period  be  more than an additional three per centum of the maximum rent  in effect on the effective date of  the  original  order  of  adjustment  unless a new application be filed by the landlord.    The  commission shall compile and make available for public inspection  at reasonable hours at its principal  office  and  at  each  appropriate  local  office,  and  shall file with the chairman of the temporary state  commission to study rents and rental conditions the manual of accounting  procedures and advisory bulletins applicable to applications under  (1),  (2) and (3) hereof, and all amendments thereto.    (c)  Any increase in maximum rent shall be apportioned equitably among  all the controlled housing accommodations in  the  property.  In  making  such  apportionment  and  in  fixing  the increases in maximum rents the  commission shall give due consideration (1) to all previous  adjustments  or  increases  in  maximum  rents  by lease or otherwise; and (2) to all

  other income derived from the property, including income from space  and  accommodations  not controlled, or the rental value thereof if vacant or  occupied rent-free, so that there is allocated to the controlled housing  accommodations  therein  only  that  portion  of  the amount of increase  necessary pursuant to (1), (2) or (3) of paragraph  (a)  of  subdivision  four   hereof,   as   is   properly   attributable  to  such  controlled  accommodations.    (d) No landlord shall be entitled to any increase in the maximum  rent  unless  he  certifies  that  he  is  maintaining  all essential services  furnished or required to be furnished as of the date of the issuance  of  the  order  adjusting  the  maximum  rent  and  that he will continue to  maintain such services so long as the  increase  in  such  maximum  rent  continues  in effect; nor shall any landlord be entitled to any increase  in the maximum rent in any case  where  a  municipal  department  having  jurisdiction  certifies  that the housing accommodation is a fire hazard  or is in a continued dangerous  condition  or  detrimental  to  life  or  health, or is occupied in violation of law.    (e)  Before  ordering  any  adjustment  in maximum rents, a reasonable  opportunity to be heard thereon shall be accorded  the  tenant  and  the  landlord.    5.  (a)  Whenever  in  the  judgment  of the commission such action is  necessary or proper in order to effectuate the purposes of this act, the  commission may, by regulation or order, regulate or prohibit speculative  or manipulative practices or renting  or  leasing  practices,  including  practices  relating  to recovery of possession, which in the judgment of  the commission are equivalent  to  or  are  likely  to  result  in  rent  increases inconsistent with the purposes of this act.    (b)  Whenever  in  the  judgment  of  the  commission  such  action is  necessary or proper in order to effectuate the purposes of this act, the  commission may provide regulations to assure the maintenance of the same  living space, essential services, furniture, furnishings  and  equipment  as  were  provided  on  the  date  determining the maximum rent, and the  commission shall have power by  regulation  or  order  to  decrease  the  maximum  rent  for  any  housing  accommodation  with respect to which a  maximum rent is in effect, pursuant to this act if it  shall  find  that  the   living   space,  essential  services,  furniture,  furnishings  or  equipment to which the  tenant  was  entitled  on  such  date  has  been  decreased.  The  amount  of  the decrease in maximum rent ordered by the  commission  under  this  paragraph  shall  be  reduced  by  any  credit,  abatement  or  offset  in rent which the tenant has received pursuant to  section two hundred thirty-five-b of the real property law, that relates  to one or more conditions covered by such order.    (c) Whenever any municipal department  having  jurisdiction  certifies  that  any  housing  accommodation  is a fire hazard or is in a continued  dangerous condition or detrimental to life or health, or is occupied  in  violation  of  law,  the  commission  may  issue an order decreasing the  maximum rent of such housing accommodation in such amount  as  it  deems  necessary  or  proper, until the said municipal department has certified  that the illegal or hazardous condition has been removed.    6. Any regulation or order issued pursuant  to  this  section  may  be  established  in  such  form and manner, may contain such classifications  and  differentiations,  and  may  provide  for  such   adjustments   and  reasonable exceptions as in the judgment of the commission are necessary  or  proper  in order to effectuate the purposes of this act. No increase  or decrease in maximum rent shall be effective  prior  to  the  date  on  which the order therefor is issued.

    7.  Regulations,  orders,  and requirements under this act may contain  such provisions  as  the  commission  deems  necessary  to  prevent  the  circumvention or evasion thereof.    8.  The  powers  granted  in this section shall not be used or made to  operate to compel changes in established rental practices, except  where  such  action is affirmatively found by the commission to be necessary to  prevent  circumvention  or  evasion  of  any   regulation,   order,   or  requirements under this act.    * NB Effective until June 16, 2011    * §  5.  Evictions. 1. So long as the tenant continues to pay the rent  to which the landlord is entitled, no tenant shall be removed  from  any  housing  accommodation with respect to which a maximum rent is in effect  pursuant to this act by action to evict or  to  recover  possession,  by  exclusion  from  possession,  or otherwise, nor shall any person attempt  such removal or exclusion from possession notwithstanding the fact  that  the tenant has no lease or that his lease, or other rental agreement has  expired  or  otherwise  terminated,  notwithstanding any contract, lease  agreement or obligation  heretofore  or  hereafter  entered  into  which  provides  for  surrender  of  possession,  or  which  otherwise provides  contrary hereto, except on one or more  of  the  following  grounds,  or  unless  the  landlord has obtained a certificate of eviction pursuant to  subdivision two of this section:    (a) the tenant is violating a substantial obligation  of  his  tenancy  other  than  the  obligation  to  surrender  possession  of such housing  accommodation and has failed to cure such violation after written notice  by the landlord that the violation cease within ten days, or within  the  three  month  period  immediately  prior  to  the  commencement  of  the  proceeding  the  tenant  has  wilfully  violated  such   an   obligation  inflicting serious and substantial injury to the landlord; or    (b)  the tenant is committing or permitting a nuisance in such housing  accommodation; or is  maliciously  or  by  reason  of  gross  negligence  substantially  damaging  the  housing  accommodations; or his conduct is  such as to interfere substantially with the comfort  or  safety  of  the  landlord  or of other tenants or occupants of the same or other adjacent  building or structure; or    (c) occupancy of the housing accommodations by the tenant  is  illegal  because of the requirements of law, and the landlord is subject to civil  or criminal penalties therefor, or both; or    (d) the tenant is using or permitting such housing accommodation to be  used for an immoral or illegal purpose; or    (e)  the  tenant  who  had  a  written  lease  or other written rental  agreement which terminates on  or  after  May  first,  nineteen  hundred  fifty,  has  refused  upon  demand  of the landlord to execute a written  extension or renewal thereof for a further term of like duration not  in  excess of one year but otherwise on the same terms and conditions as the  previous  lease  except  in  so  far  as  such  terms and conditions are  inconsistent with this act; or    (f) the tenant has unreasonably refused the  landlord  access  to  the  housing  accommodations  for  the purpose of making necessary repairs or  improvements required by law or for the  purpose  of  inspection  or  of  showing  the  accommodations  to  a  prospective purchaser, mortgagee or  prospective mortgagee, or other  person  having  a  legitimate  interest  therein;  provided, however, that in the latter event such refusal shall  not be ground for removal or eviction if such inspection or  showing  of  the  accommodations  is contrary to the provisions of the tenant's lease  or other rental agreement.    2. No tenant shall be removed or evicted on grounds other  than  those  stated  in  subdivision one of this section unless on application of the

  landlord the commission shall issue an order granting a  certificate  of  eviction  in  accordance  with  its  rules  and regulations, designed to  effectuate the purposes of this act, permitting the landlord  to  pursue  his  remedies  at law. The commission shall issue such an order whenever  it finds that:    (a) the landlord seeks in good faith to recover possession of  housing  accommodations because of immediate and compelling necessity for his own  personal use and occupancy or for the use and occupancy of his immediate  family;  provided,  however,  this  subdivision  shall not apply where a  member of the household lawfully occupying the housing accommodation  is  sixty-two  years  of  age  or  older,  has  been  a  tenant in a housing  accommodation in that building for twenty  years  or  more,  or  has  an  impairment which results from anatomical, physiological or psychological  conditions, other than addiction to alcohol, gambling, or any controlled  substance,  which  are demonstrable by medically acceptable clinical and  laboratory diagnostic techniques, and which are expected to be permanent  and which prevent the tenant from engaging in  any  substantial  gainful  employment; or    (b)  the landlord seeks in good faith to recover possession of housing  accommodations for which the tenant's lease or  other  rental  agreement  has  expired or otherwise terminated, and at the time of termination the  occupants of the housing accommodations are subtenants or other  persons  who  occupied  under  a rental agreement with the tenant, and no part of  the accommodation is used by the tenant as his dwelling; or    (c) the landlord seeks in good faith  to  recover  possession  of  the  housing  accommodations  for  the  immediate  purpose  of  substantially  altering or remodeling them,  provided  that  the  landlord  shall  have  secured  such approval therefor as is required by law and the commission  determines that the issuance of the order granting  the  certificate  of  eviction is not inconsistent with the purpose of this act; or    (d)  the  landlord  seeks  in  good faith to recover possession of the  housing accommodations for the immediate purpose of demolishing them and  the commission determines (i) that such demolition is to be used for the  purpose of constructing new buildings or structures containing at  least  twenty   per   centum   more   housing   accommodations   consisting  of  self-contained family units than are contained in the  structure  to  be  demolished;   provided,   however,  where  as  a  result  of  conditions  detrimental to life or health  of  the  tenants,  violations  have  been  placed  upon  the structure containing the housing accommodations by the  local authorities having jurisdiction over such matters and the cost  of  removing  such  violations  would  substantially  equal  or  exceed  the  assessed valuation of the structure, the  new  buildings  or  structures  shall only be required to make provision for a greater number of housing  accommodations  consisting  of  self-contained  family  units  than  are  contained in the structure to be demolished; provided, further, that the  commission may by regulation impose  as  a  condition  to  granting  the  certificates  of  eviction that the landlord pay stipends to the tenants  in such amounts  as  the  commission  may  determine  to  be  reasonably  necessary,  which  amounts  may  vary  depending  upon  the  size of the  tenant's apartment and whether the  tenant  accepts  relocation  by  the  landlord;  or  (ii)  that  such  demolition  is  made for the purpose of  constructing  new   buildings   or   structures   other   than   housing  accommodations;  provided, however, that within the city of New York the  commission may  by  regulation  impose  conditions  (including  but  not  limited  to suitable relocation and the payment of stipends) to granting  the certificates of eviction. No  order  granting  the  certificates  of  eviction  pursuant to this paragraph shall be issued unless the landlord  shall have secured such approval therefor as is required by law and  the

  commission   determines   that   the  issuance  of  such  order  is  not  inconsistent with the purpose of this act.    3.  The commission may from time to time to effectuate the purposes of  this act adopt, promulgate, amend or rescind such rules, regulations  or  orders  as it may deem necessary or proper for the control of evictions.  It may require that an order  granting  a  certificate  of  eviction  be  obtained  from  it  prior to the institution of any action or proceeding  for the recovery of possession of any housing accommodation subject to a  maximum rent under this act upon the grounds  specified  in  subdivision  two  of  this  section  or  where it finds that the requested removal or  eviction is not inconsistent with the purposes of this act and would not  be likely to result in the circumvention or evasion  thereof;  provided,  however,  that  no  such  order  shall  be  required  in  any  action or  proceeding brought pursuant to the provisions of subdivision one of this  section.    The commission on its own initiative or on application of a tenant may  revoke or cancel an order granting such certificate of eviction  at  any  time  prior  to  the  execution  of a warrant in a summary proceeding to  recover possession of real property by a court whenever it finds that:    (a) the certificate of eviction was obtained by fraud  or  illegality;  or    (b)  the  landlord's  intentions or circumstances have so changed that  the premises, possession of which is sought, will not be  used  for  the  purpose specified in the certificate.    The commencement of a proceeding by the commission to revoke or cancel  an  order granting a certificate of eviction shall stay such order until  the final determination of the  proceeding  regardless  of  whether  the  waiting  period  in  the  order  has  already  expired. In the event the  commission  cancels  or  revokes  such  an  order,  the   court   having  jurisdiction  of  any  summary  proceeding instituted in such case shall  take appropriate action to dismiss the application for  removal  of  the  tenant from the real property and to vacate and annul any final order or  warrant granted or issued by the court in the matter.    4.  Notwithstanding  the  preceding  provisions  of  this section, the  state, any municipality, or housing authority may  nevertheless  recover  possession  of  any  housing  accommodations  operated  by it where such  action or proceeding is authorized by statute or regulations under which  such accommodations are administered.    5.  Any  order  of  the  commission  under  this  section  granting  a  certificate  of eviction shall be subject to judicial review only in the  manner prescribed by sections eight and nine.    6. Where after the commission has granted a  certificate  of  eviction  certifying  that  the landlord may pursue his remedies pursuant to local  law to acquire possession, and  a  tenant  voluntarily  removes  from  a  housing  accommodation  or  has  been  removed  therefrom  by  action or  proceeding  to  evict  from  or  recover   possession   of   a   housing  accommodation  upon  the ground that the landlord seeks in good faith to  recover possession of such accommodations  (1)  for  his  immediate  and  personal  use,  or  for  the  immediate  and personal use by a member or  members of his immediate family, and such landlord  or  members  of  his  immediate  family shall fail to occupy such accommodations within thirty  days after the tenant vacates, or such landlord shall lease or rent such  space or permit occupancy thereof by a third person within a  period  of  one  year  after  such  removal  of the tenant, or (2) for the immediate  purpose of withdrawing  such  housing  accommodations  from  the  rental  market  and  such landlord shall lease or sell the housing accommodation  or the space previously occupied thereby, or permit  use  ther