[Adopted 11-19-1979 by resolution]
The Board of Trustees, following a public hearing held on the enactment of the Emergency Tenant Protection Act of 1974, declares a housing emergency in the Village of Mount Kisco based on a finding of a vacancy rate of less than 5% and enacts the Emergency Tenant Protection Act of 1974, effective November 19, 1979, applicable to buildings containing 16 or more housing units as described in the attachment entitled "Apartments in Mount Kisco Subject to the Emergency Tenant Protection Act of 1974."[1]
[1]
Editor's Note: For the text of the Emergency Tenant Protection Act of 1974, see § 8621 et seq. of the Unconsolidated Laws. As to the attachment mentioned here, consult the office of the Village Clerk.
[Added 4-26-1993 by L.L. No. 3-1993]
A. 
The Board of Trustees of the Village/Town of Mount Kisco, having considered the effect of rent regulation on the availability of rental housing in the Village/Town of Mount Kisco, hereby finds and determines as follows:
(1) 
According to the 1990 census, approximately 25% of the housing units in the Village/Town of Mount Kisco are in condominiums or cooperatives, as those terms are defined herein.
(2) 
In many cases, the conversion to such condominium or cooperative ownership occurred subsequent to the adoption of the Emergency Tenant Protection Act (ETPA) in the village.
(3) 
As a result, many housing units which were occupied by tenants at the time of the adoption of ETPA in the village are now owner-occupied condominium and cooperative units, as the term is defined hereinafter.
(4) 
Because ETPA requires a mandatory lease for a one-year term or a two-year term at the tenant's choice, the offering of renewal leases and the establishment of rent unrelated to the operating costs of the unit's owners, this class of housing has been largely lost from the supply of rental housing and accommodations within the village.
(5) 
Non-owner-occupied units in such buildings subject to condominium and cooperative offering plans when vacated by rental tenants protected by ETPA do not become available to the rental market but instead are sold and become owner-occupied units.
(6) 
It is the policy of the Village/Town of Mount Kisco to maximize the availability of housing in the village.
(7) 
It is the policy of the Village/Town of Mount Kisco to promote the availability of decent housing for persons living on limited or fixed incomes.
(8) 
The restrictions of ETPA, as the same are applied to owner-occupied condominium and cooperative units in the village, tend to exacerbate rather than ameliorate the shortage of available residential rental housing units in the village.
(9) 
The regulation of rents pursuant to ETPA of owner-occupied condominium and cooperative units does not serve to abate the public emergency which required the regulation of rents in residential housing units.
B. 
By reason of the foregoing findings and determinations:
(1) 
Owner-occupied condominium and cooperative units which are not currently occupied by or leased to ETPA protected tenants are hereby removed from regulation under ETPA effective immediately.
(2) 
Except as otherwise provided herein, owner-occupied condominium and cooperative units which are currently leased to or occupied by ETPA protected tenants shall be and hereby are removed from regulation under ETPA effective December 31, 1994.
(3) 
The foregoing notwithstanding, no owner-occupied condominium and cooperative unit which is currently regulated under ETPA and is presently leased to and occupied by a person who is more than 62 years of age or a disabled person as that term is defined herein or receiving assistance under the Federal Section 8 Housing Assistance Program shall be removed from regulation under ETPA until such time as such person vacates the unit.
C. 
For purposes of this section, the following terms shall have the meanings ascribed to them herein:
CONDOMINIUM
Shall have the meaning ascribed to it in the Condominium Act of the State of New York.
[1]
COOPERATIVE
A corporation formed for the purpose of owning dwelling units intended to be occupied in the first instance by the shareholders of the entity as proprietary lessees.
DISABLED PERSON
A person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques and which are expected to be permanent and which prevent the person from engaging in any substantial gainful employment on May 1, 1993.
OWNER-OCCUPIED CONDOMINIUM AND COOPERATIVE UNIT
Any cooperative or condominium unit in the village which has been occupied as the primary residence of the party named as grantee on the condominium deed or as owner on the cooperative shares attributable to the unit for a period of at least six months.
[1]
Editor's Note: See Real Property Law § 339-d.