§ 5. Housing accommodations subject to regulation. a. A declaration of\nemergency may be made pursuant to section three as to all or any class\nor classes of housing accommodations in a municipality, except:\n (1) housing accommodations subject to the emergency housing rent\ncontrol law, or the local emergency housing rent control act, other than\nhousing accommodations subject to the New York city rent stabilization\nlaw of nineteen hundred sixty-nine;\n (2) housing accommodations owned or operated by the United States, the\nstate of New York, any political subdivision, agency or instrumentality\nthereof, any municipality or any public housing authority;\n (3) housing accommodations in buildings in which rentals are fixed by\nor subject to the supervision of the state division of housing and\ncommunity renewal under other provisions of law or the New York city\ndepartment of housing preservation and development or the New York state\nurban development corporation, or, to the extent that regulation under\nthis act is inconsistent therewith aided by government insurance under\nany provision of the National Housing Act;\n (4) (a) housing accommodations in a building containing fewer than six\ndwelling units, other than any plot or parcel of land in cities having a\npopulation of one million or more which had been rented prior to May\nfirst, nineteen hundred fifty, for the purpose of permitting the tenant\nthereof to construct or place his own dwelling thereon and heretofore or\nhereafter decontrolled, exempt, not subject to control or exempted from\nregulation and control under the provisions of the emergency housing\nrent control law or the local emergency housing rent control act and on\nwhich plot or parcel of land there exists a dwelling owned and occupied\nby a tenant of such plot or parcel;\n (b) for purposes of this paragraph four, a building shall be deemed to\ncontain six or more dwelling units if it is part of a multiple family\ngarden-type maisonette dwelling complex containing six or more dwelling\nunits having common facilities such as a sewer line, water main or\nheating plant and operated as a unit under common ownership,\nnotwithstanding that certificates of occupancy were issued for portions\nthereof as one- or two-family dwellings.\n (5) housing accommodations in buildings completed or buildings\nsubstantially rehabilitated as family units on or after January first,\nnineteen hundred seventy-four; provided that an owner claiming exemption\nfrom rent stabilization on the basis of a substantial rehabilitation,\nwhere the work for such rehabilitation was initiated on or after the\nfirst day of January, two thousand twenty-four, shall seek approval from\nstate division of housing and community renewal within one year of the\ncompletion of the substantial rehabilitation, and ultimately obtain such\napproval, which shall be denied on the following grounds:\n (a) the owner or its predecessors in interest have engaged in\nharassment of tenants in the five years preceding the completion of the\nsubstantial rehabilitation;\n (b) the building was not in a substandard or seriously deteriorated\ncondition requiring substantial rehabilitation; or\n (c) any additional grounds as set forth by regulation;\n (5-a) housing accommodations located outside of a city with a\npopulation of one million or more in any such buildings that were vacant\nand unoccupied on June first, two thousand nineteen and had been vacant\nand unoccupied for at least the one-year period immediately preceding\nsuch date;\n (6) housing accommodations owned or operated by a hospital, convent,\nmonastery, asylum, public institution, or college or school dormitory or\nany institution operated exclusively for charitable or educational\npurposes on a non-profit basis other than (i) those accommodations\noccupied by a tenant on the date such housing accommodation is acquired\nby any such institution, or which are occupied subsequently by a tenant\nwho
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