Cal. Civ. Code § 2
Legislative finding
Operative Text
§ 2. Legislative finding. The legislature hereby finds and declares that a serious public emergency continues to exist in the housing of a considerable number of persons in the state of New York, that such emergency necessitates the intervention of federal, state and local government in order to prevent speculative, unwarranted and abnormal increases in rents; that there continues to exist in many areas of the state an acute shortage of housing accommodations caused by continued high demand, attributable in part to new household formations and decreased supply, in large measure attributable to reduced availability of federal subsidies, and increased costs of construction and other inflationary factors; 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; that preventive action by the legislature continues to be imperative in order to prevent exaction of unjust, unreasonable and oppressive rents and rental agreements and to forestall profiteering, speculation and other disruptive practices tending to produce threats to the public health, safety and general welfare; that in order to prevent uncertainty, hardship and dislocation, the provisions of this act are necessary and designed to protect the public health, safety and general welfare; 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; and that the policy herein expressed shall be subject to determination of the existence of a public emergency requiring the regulation of residential rents within any city, town or village by the local legislative body of such city, town or village.
Section 2 of New York's Emergency Tenant Protection Act sets out the legislature's formal rationale for the law's existence. It declares that a continuing housing emergency — driven by high demand, reduced federal subsidies, rising construction costs, and inflationary pressures — justifies state intervention to prevent excessive rent increases and speculative practices that threaten public health, safety, and welfare. The provision also establishes that local governments (cities, towns, or villages) have the authority to determine whether a public emergency exists within their own boundaries, which in turn triggers the law's rent-regulation protections in those localities.
Plain English — not legal advice.
ETPA § 2 is the foundational legislative-findings section that explains why New York's rent-regulation framework was enacted and why it continues to apply. Operators managing properties in jurisdictions that have adopted ETPA protections should understand that the law's reach is tied to a local legislative body's ongoing determination of a housing emergency — meaning the regulatory environment can shift as those determinations are revisited. Compliant operators generally stay informed about whether their city, town, or village has made or renewed such a finding, since that determination governs whether the rest of the ETPA's requirements apply to their units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ETPA § 2 articulates the public-interest foundation underlying the rent protections that may apply to your housing. Because the section ties the law's activation to a local governing body's declaration of a housing emergency, tenants can look to whether their city, town, or village has made such a finding to understand whether ETPA-based protections are in effect where they live. Tenants who believe they are being charged excessive rents in a covered area may explore options such as raising an ETPA violation as a defense in a housing proceeding, filing a complaint with the applicable local rent board or agency, or reaching out to a tenant-rights organization for general information about how § 2's framework applies in their locality.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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