Section 26-504. Application

This law shall apply to:
    a.  Class  A  multiple  dwellings  not  owned as a cooperative or as a
  condominium, except as provided in section three hundred  fifty-two-eeee
  of  the  general  business  law,  containing  six or more dwelling units
  which:
    (1) were completed after February first, nineteen hundred forty-seven,
  except dwelling units (a) owned or leased by, or financed by loans from,
  a public agency or public  benefit  corporation,  (b)  subject  to  rent
  regulation under the private housing finance law or any other state law,
  (c)  aided  by  government insurance under any provision of the national
  housing act, to the extent this  chapter  or  any  regulation  or  order
  issued  thereunder  is  inconsistent  therewith,  or  (d)  located  in a
  building for which a certificate of occupancy is  obtained  after  March
  tenth, nineteen hundred sixty-nine; or (e) any class A multiple dwelling
  which  on  June  first,  nineteen  hundred  sixty-eight was and still is
  commonly regarded as a hotel, transient hotel or residential hotel,  and
  which   customarily   provides  hotel  service  such  as  maid  service,
  furnishing and laundering of linen,  telephone  and  bell  boy  service,
  secretarial  or  desk  service  and  use  and  upkeep  of  furniture and
  fixtures, or (f) not occupied by the tenant, not including subtenants or
  occupants, as his  primary  residence,  as  determined  by  a  court  of
  competent  jurisdiction,  provided, however that no action or proceeding
  shall be commenced seeking to recover possession on the  ground  that  a
  housing  accommodation  is  not  occupied  by  the  tenant as his or her
  primary residence unless the owner or lessor  shall  have  given  thirty
  days  notice  to  the  tenant  of  his or her intention to commence such
  action  or  proceeding  on  such  grounds.  For  the  purposes  of  this
  subparagraph where a housing accommodation is rented to a not-for-profit
  hospital  for  residential  use, affiliated subtenants authorized to use
  such accommodations by such hospital shall be deemed to be  tenants,  or
  (g)   became  vacant  on  or  after  June  thirtieth,  nineteen  hundred
  seventy-one, or become vacant, provided  however,  that  this  exemption
  shall   not   apply   or   become  effective  with  respect  to  housing
  accommodations which the commissioner determines or finds became  vacant
  because  the  landlord  or  any person acting on his or her behalf, with
  intent to cause the tenant to vacate, engaged in any course  of  conduct
  (including  but  not  limited  to,  interruption  or  discontinuance  of
  essential services) which interfered with or disturbed or  was  intended
  to  interfere with or disturb the comfort, repose, peace or quiet of the
  tenant in his or her use or occupancy of the housing accommodations  and
  provided  further  that  any  housing  accommodations  exempted  by this
  paragraph shall be subject  to  this  law  to  the  extent  provided  in
  subdivision b of this section; or (2) were decontrolled by the city rent
  agency  pursuant to section 26-414 of this title; or (3) are exempt from
  control by virtue of item one, two, six or seven of subparagraph (i)  of
  paragraph two of subdivision e of section 26-403 of this title; and
    b.  Other  housing  accommodations  in  class  A  or  class B multiple
  dwellings made subject to this law  pursuant  to  the  emergency  tenant
  protection act of nineteen seventy-four.
    c. Dwelling units in a building or structure receiving the benefits of
  section  11-243 or section 11-244 of the code or article eighteen of the
  private housing finance  law,  not  owned  as  a  cooperative  or  as  a
  condominium,  except as provided in section three hundred fifty-two-eeee
  of the general business law and not subject to  chapter  three  of  this
  title. Upon the expiration or termination for any reason of the benefits
  of  section  11-243 or section 11-244 of the code or article eighteen of
  the private housing finance law any such dwelling unit shall be  subject
  to  this  chapter until the occurrence of the first vacancy of such unit

  after such benefits are no longer being received or if  each  lease  and
  renewal thereof for such unit for the tenant in residence at the time of
  the  expiration  of  the  tax benefit period has included a notice in at
  least twelve point type informing such tenant that the unit shall become
  subject  to  deregulation upon the expiration of such tax benefit period
  and states the approximate date on which  such  tax  benefit  period  is
  scheduled  to  expire, such dwelling unit shall be deregulated as of the
  end of the tax benefit period; provided, however, that if such  dwelling
  unit  would  have  been  subject to this chapter or the emergency tenant
  protection  act  of  nineteen  seventy-four  in  the  absence  of   this
  subdivision,  such  dwelling  unit  shall,  upon  the expiration of such
  benefits, continue to be subject to this chapter or the emergency tenant
  protection act of nineteen seventy-four to the same extent  and  in  the
  same manner as if this subdivision had never applied thereto.
    * NB Expires April 1, 2012