New York Law Review

8200 Realty Corp. v. Lindsay, 27 N.Y.2d 993 (1975): ETPA Extends to Units Previously Exempt from Rent Control

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8200 Realty Corp. v. Lindsay, 27 N.Y.2d 993 (1975)

The Emergency Tenant Protection Act of 1974 (ETPA) applies to apartments previously exempted from the Local Emergency Housing Rent Control Act, because such apartments are not considered “subject to” the older act.

Summary

This case concerns the applicability of the Emergency Tenant Protection Act of 1974 (ETPA) to an apartment previously exempt from rent control under the Local Emergency Housing Rent Control Act. The landlord argued that the apartment remained “subject to” the older act, even though exempted. The New York Court of Appeals held that an apartment temporarily exempted from the Local Emergency Housing Rent Control Act is not “subject to” it and, therefore, falls under the purview of the ETPA. This decision clarifies the scope of the ETPA, ensuring rent control extends to previously exempt units.

Facts

A tenant leased a nine-room apartment in 1966, using seven rooms for residential purposes and two for professional purposes. In 1966, the landlord obtained an order from the City Rent Commission exempting the apartment from rent control due to its partial commercial use, as long as the current tenant remained. The tenant argued that because the apartment was exempted from the prior legislation, it was now subject to the ETPA.

Procedural History

The case originated from a dispute over rent control applicability. The lower court determined the ETPA applied to the apartment. The landlord appealed, arguing the apartment remained “subject to” the prior rent control act despite the exemption. The New York Court of Appeals affirmed the lower court’s determination.

Issue(s)

Whether the Emergency Tenant Protection Act of 1974 (ETPA) applies to an apartment that was previously exempted from the Local Emergency Housing Rent Control Act due to commercial use.

Holding

Yes, because the court reasoned that an apartment explicitly exempted from the Local Emergency Housing Rent Control Act is not “subject to” that act, and therefore falls under the ETPA’s provisions.

Court’s Reasoning

The Court of Appeals emphasized the clear language of Section 3 of the ETPA and the New York City Council resolution, which included housing accommodations

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