Research


Administrative History

The Federal Emergency Price Control Act of January 30, 1942 empowered the director of the Office of Price Administration (OPA) to establish such maximum rents for housing accommodations "as in his judgment will be generally fair and equitable and will effectuate the purposes of the Act" (Section 2b). Regulations were issued under which rents were stabilized by the maximum rent date (commonly known as the "freeze date") method of control. The freeze date in each case was that date when rents had already been increased above the normal level but had not yet reached what was considered an inflationary level. Landlords were required to register, with the various rent offices, the rents they received for their housing accommodations on the freeze date, which then became the maximum legal rents for these accommodations.

The Federal Emergency Price Control Act was extended from year to year and was administered, in turn, by the Office of Price Control, Office of Temporary Controls, and the Office of the Housing Expediter. As the war drew to a close, federal authorities began to decontrol defense-rental areas. By May 1, 1950, thirty counties or parts of counties in New York State had been decontrolled under federal directives.

Certain areas were designated as defense-rental areas and rent control regulations were declared to be in effect in these areas when the housing shortage, as a result of wartime activities, had upset the normal balance of economic relationship between landlord and tenant. On May 31, 1943, general rent regulations were issued for the entire nation in two parts, one for housing and one for hotels and rooming houses. Defense-rental areas in New York State were brought under federal rent control between June 1, 1942 and November 1, 1946. For the Westchester County defense-rental area, the maximum rent date was August 1, 1944 and the effective date of the regulation was November 1, 1944.

Anticipating such decontrol, the New York State legislature created, in 1945, a joint legislative committee to study rental and housing conditions in the state. Following the recommendations of the committee and because of the uncertainty surrounding the continuation of federal rent regulations, the state legislature, in 1950, passed the Emergency Housing Rent Control Law (Chapter 250 of the Laws of 1950). Under this law, federal and local rent control was replaced by state control effective May 1, 1956. The Temporary State Housing Commission was authorized to administer this act and was empowered to adopt rules and regulations to carry out the purposes of the act. These rules included the regulation of practices relating to the recovery of possession (Rent and Eviction Regulations) and the re-control of areas previously decontrolled by federal law.

In 1964 the functions and powers of the Temporary State Housing Rent Commission were transferred (Chapter 244 of the Laws of 1964) to the Division of Housing and Community Renewal, effective July 1, 1964. The division created an Office of Rent Administration that was responsible for reviewing regulations of the New York City Department of Rent and Housing Maintenance. The main office was situated in New York City, with local rent offices located in Albany, Buffalo, Hempstead, and White Plains. In 1971 the legislature amended the emergency Housing Rent Control Law and enacted a vacancy decontrol law (Chapter 374 of the Laws of 1971) which provided that any apartment presently under rent control would no longer be subject to such control if voluntarily vacated on or after July 1, 1971.