N.Y. Real Property Law Section 214
Covered housing accommodations


Where this article applies, it shall apply to all housing accommodations except a:

1.

premises owned by a small landlord provided that in connection with any eviction proceeding in which the landlord claims an exemption from the provisions of this article on the basis of being a small landlord, such landlord shall provide to the tenant or tenants subject to the proceeding the name of each natural person who owns or is a beneficial owner of, directly or indirectly, in whole or in part, the housing accommodation at issue in the proceeding, the number of units owned, jointly or separately, by each such natural person owner, and the addresses of any such units, excluding each natural person owner’s principal residence; provided further that if the landlord is an entity, organized under the laws of this state or of any other jurisdiction, then such landlord shall provide to the tenant or tenants subject to the proceeding the name of each natural person with a direct or indirect ownership interest in such entity or any affiliated entity, the number of units owned, jointly or separately, by each such natural person owner, and the addresses of any such units, excluding each natural person owner’s principal residence;

2.

owner-occupied housing accommodation with no more then ten units;

3.

unit on or within a housing accommodation where such unit is sublet pursuant to § 226-B (Right to sublease or assign)section two hundred twenty-six-b of this chapter, or otherwise, where the sublessor seeks in good faith to recover possession of such housing accommodation for their own personal use and occupancy;

4.

unit on or within a housing accommodation where the possession, use or occupancy of which is solely incident to employment and such employment is being or has been lawfully terminated;

5.

unit on or within a housing accommodation where such unit is otherwise subject to regulation of rents or evictions pursuant to local, state or federal law, rule, or regulation;

6.

unit on or within a housing accommodation where such unit must be affordable to tenants at a specific income level pursuant to statute, regulation, restrictive declaration, or pursuant to a regulatory agreement with a local, state, or federal government entity;

7.

unit on or within a housing accommodation owned as a condominium or cooperative, or a unit on or within a housing accommodation subject to an offering plan submitted to the office of the attorney general, provided that nothing herein shall abrogate or otherwise limit any rights or obligations a tenant residing in a unit within a condominium or cooperative or a purchaser, owner, or offeror of a condominium or cooperative unit has pursuant to any other state law;

8.

housing accommodation for which a temporary or permanent certificate of occupancy was issued on or after the first of January, two thousand nine, for a period of time of thirty years following issuance of such certificate;

9.

unit on or within a housing accommodation that qualifies as a seasonal use dwelling unit pursuant to subdivisions four and five of General Obligations Law § 7-108 (Deposits made by tenants of non-rent stabilized dwelling units)section 7-108 of the general obligations law;

10.

housing accommodation in a hospital as defined in subdivision one of Public Health Law § 2801 (Definitions)section twenty-eight hundred one of the public health law, continuing care retirement community licensed pursuant to article forty-six or forty-six-A of the public health law, assisted living residence licensed pursuant to article forty-six-B of the public health law, adult care facility licensed pursuant to article seven of the social services law, senior residential community that have submitted an offering plan to the attorney general, and not-for-profit independent retirement community that offer personal emergency response, housekeeping, transportation and meals to their residents;

11.

manufactured home located on or in a manufactured home park as defined in Real Property Law § 233 (Manufactured home parks)section two hundred thirty-three of the real property law;

12.

hotel room or other transient use covered by the definition of a class B multiple dwelling under subdivision nine of Multiple Dwelling Law § 4 (Definitions)section four of the multiple dwelling law, regardless of whether such use is located in a jurisdiction in which the multiple dwelling law applies;

13.

dormitory owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school;

14.

housing accommodation within and for use by a religious facility or institution; and

15.

unit on or within a housing accommodation where the monthly rent is greater than the percent of fair market rent established pursuant to paragraph (a) of subdivision two of § 213 (Voluntary participation by local governments outside the city of New York)section two hundred thirteen of this article in a local law of a village, town, or city, other than the city of New York, adopting the provisions of this article pursuant to subdivision one of § 213 (Voluntary participation by local governments outside the city of New York)section two hundred thirteen of this article, or two hundred forty-five percent of the fair market rent, provided that fair market rent shall refer to the figure published by the United States department of housing and urban development, for the county in which the housing accommodation is located, as shall be published by the division of housing and community renewal no later than the first of August in any given year. The division of housing and community renewal shall publish the fair market rent and two hundred forty-five percent of the fair market rent for each unit type for which such fair market rent is published by the United States department of housing and urban development for each county in New York state in the annual publication required pursuant to subdivision seven of § 211 (Definitions)section two hundred eleven of this article. * NB Repealed June 15, 2034

Source: Section 214 — Covered housing accommodations, https://www.­nysenate.­gov/legislation/laws/RPP/214 (updated May 3, 2024; accessed May 18, 2024).

Accessed:
May 18, 2024

Last modified:
May 3, 2024

§ 214’s source at nysenate​.gov

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