Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Citation: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Parent Document: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-02-09
Original Source: https://www.courtlistener.com/opinion/4855109/montera-v-kmr-amsterdam-llc/ ↗

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Footnote 3: Pre-HSTPA, the New York State legislature had declared a serious public emergency that existed "in the housing of a considerable number of people" (see Emergency Tenant Protection Act (ETPA) § 2 [1974]). Under legislative findings the ETPA states, in relevant part, that "a substantial number of persons residing in housing not presently subject to the provisions of this act or the emergency housing rent control law or the local emergency housing rent control act are being charged excessive and unwarranted rents and rent increases" and that "the transition from regulation to a normal market of free bargaining between landlord and tenant, while the ultimate objective of state policy, must take place with due regard for such emergency" (id.). In the HSTPA, the legislature reiterated that the "serious public emergency. . . continues to exist" (see L 2019, ch 36, part D). It also "recognize[d] that severe disruption of the rental housing market has occurred and threatens to be exacerbated as a result of the present state of the law in relation to the deregulation of housing accommodations upon vacancy" (id.).

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