Section
*260. Recovery of Rent for Certain Non-Complying Premises Restricted during Emergency Period
*261. Recovery of Possession of Certain Non-Complying Premises Restricted during Emergency Period
262. Alteration of Uncompleted Buildings
*264. Conversion of Certain Dwellings* NB Expired 49/07/01
Sec. *260. Recovery of Rent for Certain Non-Complying Premises Restricted during Emergency Period
1. Legislative finding. It is hereby declared that in cities of this state with a population of over one million there exists an acute shortage of dwelling accommodations available to low-income families; that many dwellings formerly occupied by them have been and are continuing to be vacated and demolished because of structural inadequacy or danger, obsolescence and dilapidation, or because owners have refused to comply with the law, or for other reasons; that the freedom of contract has been impaired in consequence thereof, and unjust, unreasonable and oppressive increases in the rents of dwelling accommodations available to such families are being and will continue to be exacted; that world war II has necessitated an almost complete paralysis of building construction; that the extent of construction of decent, safe and sanitary dwellings, conforming with the minimum standards prescribed by law, has failed to produce a sufficient number of dwellings for the accommodation of families unable to pay higher rentals; that there has been a rapid absorption of rentable vacancies in said dwellings and a sharp increase in rentals; that such communities are threatened with wholesale evictions; that an emergency exists by reason of these conditions, which constitute a menace to the health, safety, morals, welfare and comfort of the citizens of the state, undermine the standard of living of a large number thereof, tend to impair and impede the enforcement of existing statutes, cause overcrowding and congestion, foster crime, encourage the spread of vice and disease and increase the death rate; that adequate housing accommodations to relieve the hardships and suffering resulting therefrom cannot be sufficiently provided, with or without public assistance, during the period of the emergency as herein declared; and the necessity for legislative intervention, by the enactment of the provisions of this section and their application until July first, nineteen hundred forty-nine, is hereby declared as a matter of legislative determination, and the provisions of this section shall remain in force and effect only until such date.
2. For the period during which any old-law tenement or any converted dwelling shall fail to comply with the applicable provisions of article six or seven, as the case may be, no rent therefor or for any part thereof shall be recovered by the owner, nor shall any action or special proceeding be maintainable for such rent or to recover possession of such dwelling or part thereof for non-payment of rent, except rent at such rate as shall not exceed the lowest rent charged therefor for any month between September thirtieth, nineteen hundred thirty-seven, and April first, nineteen hundred forty-three.
3. In any such action or special proceeding in which there shall be interposed a defense that the dwelling fails to comply with the applicable provisions of article six or seven or that the rent demanded exceeds the lowest rent charged for any month between September thirtieth, nineteen hundred thirty-seven, and April first, nineteen hundred forty-three, the burden of proof shall be upon the party seeking to recover rent or possession.
4. A certification by the department of the results of a search made by the department shall be admissible as presumptive evidence of the existence or non-existence of any violation of article six or seven as in such certificate specified.
Sec. *261. Recovery of Possession of Certain Non-Complying Premises Restricted during Emergency Period
1. Legislative finding. The public emergency which existed at the time of the enactment of and which was declared in chapter six hundred seventy-five of the laws of nineteen hundred thirty-eight, and in acts amendatory thereof, having continued and still existing, there having been and there being an acute shortage of such dwellings, and the intents and purposes of such provisions having, in a great many instances, been circumvented by landlords giving their tenants thirty days' notice terminating their tenancy and instituting proceedings for their removal, the necessity for legislative intervention, by the enactment of the provisions of this section, and their application, until July first, nineteen hundred forty-nine, is hereby declared as a matter of legislative determination, and the provisions of this section shall remain in force and effect only until such date.
2. For the period during which any old-law tenement or any converted dwelling shall fail to comply with the applicable provisions of article six or seven, no action or proceeding by an owner to recover possession of such dwelling or any part thereof from a tenant and to remove such tenant therefrom for the reason that the tenant holds over and continues in possession of the demised dwelling or any part thereof after the expiration of his term without the permission of the owner, shall be maintainable except:
a. A proceeding to recover such possession upon the ground that the person is holding over and is objectionable, in which case the owner shall establish to the satisfaction of the court that the person holding over is objectionable; or
b. A proceeding when the owner of record of the dwelling, being a natural person, seeks in good faith to recover possession of a room or rooms therein for the immediate and personal occupancy by himself and his family as a dwelling; or
c. A proceeding where the petitioner shows to the satisfaction of the court that he desires in good faith to recover the dwelling for the purpose of altering or demolishing the same with the intention of providing or constructing more dwelling units, plans for which shall have been duly approved by the department in accordance with the provisions of any applicable local law.
d. In pending proceedings for the recovery of such dwelling on the grounds that the occupant holds over after the expiration of his term, a warrant shall not be issued unless the petitioner establishes to the satisfaction of the court that the proceeding is one mentioned in the exceptions enumerated in this subdivision.
3. The provisions of this section shall not be construed to apply to an action or proceeding by an owner to recover possession of such dwelling or any part thereof from a tenant and to remove such tenant therefrom for the reason that the tenant holds over and continues in possession of the demised dwelling or any part thereof without the permission of the owner after a default in the payment of the rent.
Sec. 262. Alteration of Uncompleted Buildings
The provisions of this chapter relating to multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, shall not apply to any fireproof building structurally enclosed but uncompleted on April first, nineteen hundred forty-five, conforming to the provisions of the local zoning law or resolution applicable to an apartment hotel, in effect at the time of the approval of the original plans filed for the construction of such building, and which building shall thereafter be altered and completed as a class A multiple dwelling, in accordance with plans and amendments thereto approved by the department. Such building, if so altered and completed on or before July first, nineteen hundred forty-eight, may be lawfully occupied thereafter as a class A multiple dwelling if it conforms with the provisions of section twenty- five applicable to fireproof class A multiple dwellings occupied as such before April eighteenth, nineteen hundred twenty-nine.
Sec. 264. Conversion of Certain Dwellings
1. Notwithstanding any inconsistent provision of this chapter or of any other law, it shall be lawful until July first, nineteen hundred forty-nine, for any owner to convert a non- fireproof dwelling which is not of frame construction, not more than a basement and two additional stories in height, and not occupied by more than two families, for occupancy by not more than three families, in accordance with the provisions of this section, providing such dwelling was existing on April eighth, nineteen hundred forty-six, or was erected thereafter under plans on file with the department on or before such date.
2. The provisions of article six of this chapter shall not apply to conversion of dwellings under this section, except in so far as compliance therewith is expressly required as provided in or pursuant to this section.
3. Conversion of such dwellings under this section must be made:
a. In full compliance with the provisions of sections one hundred seventy-six, one hundred seventy-seven, and one hundred eighty-eight, of subdivision two of section one hundred eighty-nine, and of section two hundred;
b. In full compliance with the provisions of section one hundred eighty-five, except that if a cellar ceiling is plastered and in good repair only the area of the ceiling over any boiler located in the cellar and for three feet beyond need be covered with fire-retarding material;
c. In full compliance with the provisions of section one hundred eighty-seven unless such conversion was completed under authority of this section before July first, nineteen hundred forty-seven, and
d. In compliance with such additional provisions of article six of this chapter, and no other, as may be specifically required by, and in accordance with, rules and regulations of the department where the conversion is proposed to be made.
4. A plan of alteration to effect conversion of any such dwelling under this section shall be filed with such department and, when approved by it, shall constitute a lawful plan for three family occupancy of such dwelling.