Fact
Sheet #8 - Emergency Tenant Protection Act of 1974 (ETPA)
Chapter 576 Laws of 1974 as Last Amended
This
bulletin provides only general information concerning ETPA. For specific
information, refer to the full text of the Act.
In
Nassau, Rockland and Westchester counties, rent stabilization applies to
non-rent controlled apartments in buildings of six or more units built
before January 1, 1974 in localities that have declared an emergency and
adopted ETPA. In order for rents to be placed under regulation, there has
to be a rental vacancy rate of less than 5% for all or any class or classes
of rental housing accommodations. Some municipalities limit ETPA to buildings
of a specific size, for instance, buildings with 20 or more units.
Certain
types of housing accommodations are not included in the provisions of ETPA,
for example: housing accommodations in buildings containing less than six
dwelling units; rent controlled apartments; motor courts; tourist homes;
nonprofit units; governmentally supervised housing; and housing accommodations
in buildings completed on, or after, January 1, 1974.
The
Rent Regulation Reform Act of 1993 (RRRA) exempts certain apartments from
regulation. See Fact Sheet #1, "Rent Control
and Rent Stabilization," for information on the deregulation
of high rent apartments and the deregulation of high rent apartments occupied
by high income tenants. Apartments in buildings converted to co-op or condo
ownership that are or become vacant on or after July 7, 1993 are exempt
from rent regulation.
Each
municipality declaring an emergency and adopting local legislation pays
the cost of administering ETPA. In turn, each municipality can charge the
owners of housing accommodations a fee up to $10 per unit per year as the
Act provides.
The
local rent guidelines boards (one each in Nassau, Rockland, and Westchester
counties) set maximum allowable rates for rent increases in stabilized
apartments. These guidelines rates are set once a year and are effective
for leases beginning on or after October 1st of each year.
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 6/18/07
RGB page updated 7/29/08
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