New York Rent control / state preemption

Can cities in New York pass rent control?

No preemption. Under the ETPA, whether a housing emergency exists "shall be a matter for local determination within each city, town or village" (ETPA § 3(a)). Since the 2019 amendments (L. 2019, ch. 36), the act may be adopted by localities statewide (ETPA § 14), not only in New York City and Nassau, Rockland and Westchester counties.

Verified Source: Emergency Tenant Protection Act of 1974 § 3; § 14 (L. 1974, ch. 576, § 4, as amended by L. 2019, ch. 36) · last checked 2026-10-23