N.Y. Comp. Codes R. & Regs. tit. 9 § 2100.10

Current through Register Vol. 46, No. 39, September 25, 2024

Section 2100.10 - Housing accommodations subject to rent control, but exempted from control by this Subchapter

This Subchapter shall not apply to the following housing accommodations only so long as they meet the specific requirements hereinafter set forth:

(a) Farming tenants. Housing accommodations situated on a farm and occupied by a tenant who is engaged for a substantial portion of his time in farming operations thereon.

(b) Service employees. Dwelling space occupied by domestic servants, superintendents, caretakers, managers, or other employees to whom the space is provided as part or all of their compensation without payment of rent and who are employed for the purpose of rendering services in connection with the premises of which the dwelling space is a part.

(c) Summer resort housing. Housing accommodations located in a resort community and customarily rented or occupied on a seasonal basis prior to October 1, 1945, which were not rented during any portion of the period beginning on November 1, 1943 and ending on February 29, 1944. This exemption shall apply only as long as the housing accommodations continue to be rented on a seasonal basis and shall be effective only from June 1 to September 30, inclusive.

(d) Nonprofit clubs. Rooms in a bona fide club certified by the administrator as exempt. The administrator may so certify if on written request of the landlord the club establishes that it is a nonprofit organization and is recognized as such by written statement of the Bureau of Internal Revenue; that it rents rooms only to members, bona fide guests of members, and members of bona fide clubs with which the club has reciprocal arrangements for the exchange of privileges; and that it is otherwise operated as a bona fide club.

(e) College fraternity or sorority houses. Rooms in a bona fide college fraternity or sorority house certified by the administrator as exempt. The administrator may so certify if, the landlord establishes that the fraternity or sorority is a bona fide organization operated for the benefit of students and not for profit as a commercial or business enterprise. This exemption shall not apply when the rooms are rented to persons who are not members of the fraternity or sorority.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2100.10