N.Y. Real Property Law Section 211
Definitions

1.

The term “housing accommodation”, as used in this article shall mean any residential premises, including any residential premises located within a mixed-use residential premises.

2.

The term “landlord” as used in this article shall mean any fee owner, lessor, sublessor, assignor, court appointed receiver, or any other person or entity receiving or entitled to receive rent for the occupancy of any housing accommodation or an agent of any of the foregoing.

3.

(a) The term “small landlord” as used in this article shall mean a landlord of no more than (i) ten units in the state, or

(ii)

such other number of units in the state designated by local law pursuant to paragraph (b) of subdivision two of § 213 (Voluntary participation by local governments outside the city of New York)section two hundred thirteen of this article.

(b)

If a landlord is a single natural person, then that landlord is a small landlord if they own or are a beneficial owner of, directly or indirectly, in whole or in part, no more than the number of units established pursuant to paragraph (a) of this subdivision; if there is more than one natural person owner, then no one person may own or be a beneficial owner of, directly or indirectly, in whole or in part, more than the number of units established pursuant to paragraph (a) of this subdivision.

(c)

If a landlord is an entity, organized under the laws of this state or of any other jurisdiction, then that landlord is a small landlord if each natural person with a direct or indirect ownership interest in the entity or any affiliated entity owns no more than the number of units established pursuant to paragraph (a) of this subdivision. If an entity cannot provide the names of all natural persons with a direct or indirect ownership interest in the entity, such entity shall not qualify as a small landlord.

4.

The term “tenant” as used in this article shall mean a tenant, sub-tenant, lessee, sublessee, or any other person entitled to the lawful possession, use or occupancy of any housing accommodation. An individual shall not be considered a tenant for the purposes of this article if:

(a)

no landlord-tenant relationship exists, as established pursuant to any of the grounds set forth in Real Property Actions & Proceedings Law § 713 (Grounds where no landlord-tenant relationship exists)section seven hundred thirteen of the real property actions and proceedings law; or

(b)

the individual is an occupant, as defined in paragraph (b) of subdivision one of § 235-F (Unlawful restrictions on occupancy)section two hundred thirty-five-f of this chapter, who has not received the landlord’s express or implied consent to use the housing accommodation as their primary residence in exchange for payment of rent.

5.

The term “rent” as used in this article shall mean any consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the possession, use or occupancy of housing accommodations or the execution or transfer of a lease for such housing accommodations. The term “rent” shall not include any separate charges for services, amenities or facilities which the tenant pays in addition to rent, including but not limited to charges for fitness centers, parking, storage, or facility rentals, provided that such charges are not imposed or increased for the purposes of circumventing this article.

6.

The term “disabled person” as used in this article shall mean a person who 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 substantially limit one or more of such person’s major life activities.

7.

The term “inflation index” shall mean five percent plus the annual percentage change in the consumer price index for all urban consumers for all items as published by the United States bureau of labor statistics for the region in which the housing accommodation is located, as established for the most recent preceding calendar year as shall be published by the division of housing and community renewal no later than the first of August in any given year, provided further that for New York city and any village, town, or city that adopts the provisions of this article by local law pursuant to subdivision one of § 213 (Voluntary participation by local governments outside the city of New York)section two hundred thirteen of this article in the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester, such consumer price index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price index, and provided further that for any other village, town, or city that adopts the provisions of this article by local law pursuant to subdivision one of § 213 (Voluntary participation by local governments outside the city of New York)section two hundred thirteen of this article, such consumer price index shall be the Northeast Region consumer price index.

8.

The term “local rent standard” shall mean a rent increase equal to the inflation index or ten percent, whichever is lower. * NB Repealed June 15, 2034

Source: Section 211 — Definitions, (updated May 3, 2024; accessed Mar. 9, 2025).

Green check means up to date. Up to date

Accessed:
Mar. 9, 2025

Last modified:
May 3, 2024

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