reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.3 - Conditional rental

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
					 shall require a tenant or prospective tenant to purchase or lease, or agree to
					 purchase or lease, furniture or any other personal property, such as shares to
					 an apartment prior to an approved plan of cooperative conversion, as a
					 condition of renting housing accommodations.
(b) No person shall require a tenant or
					 prospective tenant to agree as a condition of renting a housing accommodation,
					 that the housing accommodation shall not be used as the tenant's primary
					 residence.
(c) No person shall
					 require a tenant or prospective tenant to sign a lease or other rental
					 agreement in the name of a corporation or for professional or commercial use as
					 a condition of renting a housing accommodation when the apartment is to be used
					 as the primary residence of the prospective tenant for residential
					 purposes.
(d) The term person as
					 used in this section shall include an agent or any other employee of a landlord
					 acting with or without the authority of his employer.
(e) The term person as used in this section
					 shall also include a tenant in occupancy of housing accommodations who attempts
					 to sell furniture or any other property to an incoming tenant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.4 - Security deposits

Current through Register Vol. 46, No. 28, July 10, 2024
Regardless of any contract, agreement, lease or other
						obligation heretofore or hereafter entered into, no person shall demand,
						receive or retain a security deposit for or in connection with the use or
						occupancy of housing accommodations, which exceeds the rent for one month in
						addition to the authorized collection of rent; provided, however, that where a
						lease in effect on December 1, 1983 validly required a greater security
						deposit, such requirement may continue in effect during the term of such lease
						and any renewals thereof with the same tenant. However, no owner shall demand,
						receive or retain a security deposit or advance payment for or in connection
						with the use or occupancy of a housing accommodation by any tenant who is 65
						years of age or older, which exceeds the rent for one month for any lease or
						lease renewal entered into after July 1, 1996. Such security deposits shall be
						subject to the following conditions:
(a) the security deposit shall be deposited
					 in an interest-bearing account in a banking organization;
(b) the person depositing such security
					 deposit shall be entitled to receive, as administrative expenses, a sum
					 equivalent to one percent per annum upon the security money so
					 deposited;
(c) at the tenant's
					 option, the balance of the interest paid by the banking organization shall be
					 applied for the rental of the housing accommodation, or held in trust until
					 repaid, or annually paid to the tenant; and
(d) the owner otherwise complies with the
					 provisions of article 7 of the General Obligations Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.5 - Disclosure by employees

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any officer or employee of the
						division, or for any official advisor or consultant to the division, to
						disclose, otherwise than in the course of official duty, any information
						obtained under the act, or to use any such information for personal
						benefit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.6 - Conduct with intent to cause the tenant to vacate

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any landlord or any person
						acting on his behalf, with intent to cause the tenant to vacate, to engage in
						any course of conduct (including, but not limited to, interruption or
						discontinuance of essential services or filing of false documents with or
						making false statements to the division) which interferes with or disturbs or
						is intended to interfere with or disturb the comfort, peace, repose or quiet of
						the tenant in his use or occupancy of the housing
						accommodations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.7 - Subletting; assignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
					 accommodations subject to these regulations may be sublet in accordance with
					 the provisions, and subject to the limitations, of section
					 226-b of
					 the Real Property Law provided the additional provisions of this section are
					 complied with and provided further that the prime tenant can establish that at
					 all times he has maintained the housing accommodation as his primary residence
					 and intends to occupy it as such at the expiration of the sublease.
(b) The rental charged to the subtenant shall
					 not exceed the legal regulated rent plus a 10-percent surcharge payable to the
					 prime tenant if the housing accommodation is sublet with the prime tenant's
					 furniture. Where a prime tenant violates the provisions of this subdivision,
					 the subtenant shall be entitled to damages as provided in section
					 2506.1 of this Title.
(c) The tenant may not sublet a housing
					 accommodation for more than a total of two years, including the term of the
					 proposed sublease, out of the four-year period preceding the termination date
					 of the proposed sublease, but this provision shall not apply to any sublease
					 commencing prior to July 1, 1983. The term of a proposed sublease may, if
					 lawful under this section, extend beyond the term of the prime tenant's lease,
					 and a landlord may not refuse consent to a sublease solely because it extends
					 beyond such term. A sublease which so extends shall be subject to the prime
					 tenant's right to a renewal lease.
(d) The prime tenant, rather than the
					 subtenant, retains the right to (1) a renewal lease, whether or not the term of
					 the sublease extends beyond the term of the prime tenant's lease; and (2) the
					 rights and status of a tenant in occupancy with respect to conversion to
					 condominium or cooperative ownership.
(e) An owner may terminate the tenancy of a
					 tenant who sublets or assigns contrary to the terms of this section, but no
					 action or proceeding based upon the nonprimary residence of a tenant may be
					 commenced prior to the expiration date of his lease.
(f) Upon the consent of an owner to an
					 assignment, regardless of whether or not the lease is a renewal lease, the
					 legal regulated rent payable to the owner effective upon the date of such
					 assignment may be increased by:
(1) the
					 increase provided for in section
					 2502.7 of this Title; and
(2) which may be further increased by the
					 vacancy allowance, if any, provided in the rent guidelines board order in
					 effect at the time of the commencement date of the lease.
Such increases shall remain part of the legal regulated
						rent for any subsequent renewal lease.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.8 - Occupancy by persons other than tenant of record or tenant's immediate family

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
					 accommodations subject to the act and this Subchapter may be occupied in
					 accordance with the provisions and subject to the limitations of section
					 235-f of
					 the Real Property Law.
(b) The
					 rental amount that a tenant may charge a person in occupancy pursuant to
					 section
					 235-f of
					 the Real Property Law shall not exceed such occupant's proportionate share of
					 the legal regulated rent charged to and paid by the tenant for the subject
					 housing accommodation. For the purposes of this subdivision, an occupant's
					 proportionate share shall be determined by dividing the legal regulated rent by
					 the total number of tenants named on the lease and the total number of
					 occupants residing in the subject housing accommodation. However, the total
					 number of tenants named on the lease shall not include a tenant's spouse, and
					 the total number of occupants shall not include a tenant's family member or an
					 occupant's dependent child. Regardless of the number of occupants, tenants
					 named on the lease shall remain responsible for payment to the owner of the
					 entire legal regulated rent. The charging of a rental amount to an occupant
					 that exceeds that occupant's proportionate share shall be deemed to constitute
					 a violation of this Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.2 - Orders to enforce the act and this Chapter

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon notice
					 and reasonable opportunity to be heard, the division may issue orders it deems
					 appropriate to enforce the act and this Chapter.
(b) If the division finds that any landlord
					 has knowingly engaged in acts prohibited by the act and regulations or orders
					 issued thereunder, it may assess the landlord and order it to pay each tenant
					 affected by such acts the reasonable costs and attorney fees of the proceeding
					 plus a penalty not in excess of $250 for each such act. If the landlord has not
					 instituted a proceeding pursuant to article 78 of the Civil Practice Law and
					 Rules and has not paid the assessment and penalties upon the expiration of the
					 time to do so, each affected tenant may offset against any rent thereafter due
					 the landlord the unpaid amount not in excess of 20 percent thereof per
					 month.
(c) If a landlord is found
					 by the division:
(1) to have violated an
					 order of the division, the division may impose by administrative order after
					 hearing, civil penalties at minimum in the amount of $1,000 but not to exceed
					 $2,000 for the first such offense and at minimum $2,000 not to exceed $3,000
					 for each subsequent offense; or
(2)
					 to have harassed a tenant to obtain vacancy of a housing accommodation, the
					 division may impose by administrative order after hearing, a civil penalty at
					 minimum in the amount of $2,000 not to exceed $3,000 for the first such offense
					 and at minimum $10,000 not to exceed $11,000 for each subsequent offense or for
					 a violation consisting of conduct directed at the tenant of more than one
					 housing accommodation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.3 - Injunctions by Supreme Court

Current through Register Vol. 46, No. 28, July 10, 2024
The division may commence proceedings in the Supreme
						Court to enjoin violations of the act, of this Chapter, or orders issued
						pursuant thereto. In any such proceedings, the division shall not be required
						to post bond. In addition, any tenant or tenants who allege they have been
						overcharged may commence proceedings to enjoin such overcharge, and for such
						other relief as may be proper.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.4 - Oaths, subpoenas, hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
The division may administer oaths, issue subpoenas,
						conduct investigations, make inspections and designate officers to hear and
						report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.5 - Confidentiality of information

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall safeguard the confidentiality of
						information furnished to it at the request of the person furnishing such
						information, unless such information must be made public in the interest of
						establishing a record for the future guidance of persons subject to the
						act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.6 - Inspection and records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 who rents or offers for rent, or acts as a broker or agent for the rental of
					 any housing accommodations shall, as the division may from time to time
					 require, furnish information under oath or affirmation or otherwise, permit
					 inspection and copying of records and other documents and permit inspection of
					 any such housing accommodations.
(b) Any person who rents or offers for rent,
					 or acts as a broker or agent for the rental of any housing accommodations
					 shall, as the division may from time to time require, make and keep records and
					 other documents and make reports.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.7 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
In any action or proceeding before a court wherein a
						party relies for a ground of relief or defense or raises issues or brings into
						question the construction or validity of the act, this Chapter, or any order or
						requirement thereunder, the court having jurisdiction of such action or
						proceeding may at any stage certify such fact to the division. The division may
						intervene in any such action or proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2506 - Enforcement › Section 2506.8 - Determination of legal regulated rents; penalties; fines; assessment of costs; attorney's fees; rent credits; where the proceeding is commenced on or after June 14, 2019

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Base Date: For the purposes of this
					 section, the Base Date shall be the date of the most recent reliable annual
					 rent registration statement, filed and served upon a tenant six or more years
					 prior to the filing of a complaint of overcharge or the initiation of a
					 proceeding to determine the legal regulated rent of an apartment. Any
					 registration statement filed contemporaneously with a certification of service
					 shall be presumed to have been served upon the tenant in occupancy. In no event
					 shall the base date be prior to June 14, 2015. Absent an exception set forth in
					 2506.1, if no base date can be determined subsequent to June 14,2015, the base
					 date shall be June 14, 2015.
(2)
					 Reliable rent registration statement: A rent registration shall be considered
					 to be reliable if, prior to the filing of such registration statement, and
					 subsequent to June 14, 2015, the rent history contains no unexplained increases
					 in the rent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.1 - Proceedings instituted by landlord or tenant

Current through Register Vol. 46, No. 28, July 10, 2024
A proceeding is instituted by a landlord or a tenant with
						the filing of an application for adjustment of rent, or for other relief
						provided by the act or this Chapter. Such application shall be verified or
						certified by the applicant and filed upon the appropriate form issued by the
						division in accordance with the instructions contained in such
						forms.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.2 - Proceedings instituted by the division

Current through Register Vol. 46, No. 28, July 10, 2024
The division may institute, reclassify, or convert a
						proceeding on its own initiative whenever the division deems it necessary or
						appropriate pursuant to the act or this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.3 - Notice to the parties affected

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Except as provided by paragraph (2) of
					 this subdivision, where the application is made by an owner or tenant, the
					 division shall forward, as promptly as possible, a copy of such application to
					 all parties adversely affected thereby.
(2) Where an application is filed, pursuant
					 to section 2502.4(b) of this
					 Title, to increase the legal regulated rent, the division shall notify all
					 parties adversely affected thereby, and shall afford such parties the
					 opportunity to submit written responses thereto. Tenants shall have sixty (60)
					 days from the date of the mailing of notice of the proceeding to answer or
					 reply. The owner shall maintain a copy of the application, with supporting
					 documentation, on the premises so that tenants may examine it, or in the
					 alternative, a copy of the application, with supporting documentation, shall be
					 made available by the division for tenant examination upon request. Tenants'
					 written responses shall be considered by the division prior to a final
					 determination of the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
Except where otherwise provided for in this title, a
						person who has been served with a notice of a proceeding accompanied by an
						application or complaint shall have no less than 20 days from the date of
						mailing in which to answer or reply, except that in exceptional circumstances,
						the division may require a shorter period. Every answer or reply must be
						verified or affirmed, and an original and one copy shall be filed with the
						division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.5 - Action by division

Current through Register Vol. 46, No. 28, July 10, 2024
At any stage of a proceeding the division may:
(a) reject the application if it is
					 insufficient or defective;
(b) make
					 such investigation of the facts, conduct such inspections, hold such
					 conferences, and require the filing of such reports, evidence, affidavits or
					 other material relevant to the proceeding;
(c) forward to or make available for
					 inspection by either party any relevant evidence and afford an opportunity to
					 file rebuttal thereto;
(d) for good
					 cause shown, accept for filing any papers, even though not filed within the
					 time required by this Chapter;
(e)
					 require any person to appear or produce documents, or both, pursuant to a
					 subpoena issued by the division;
(f) consolidate two or more applications or
					 proceedings which have at least one ground in common;
(g) forward to either party a notice of
					 action proposed to be taken;
(h)
					 grant or order a hearing;
(i) on
					 its own motion or upon application of any affected landlord or tenant,
					 consolidate proceedings applicable to the same building or group of buildings
					 or development, notwithstanding that the housing accommodations affected may be
					 subject to differing regulations; and in any such consolidated proceedings the
					 determination with respect to any housing accommodation shall be made in
					 accordance with the appropriate law or regulation applicable to such
					 acccommodations;
(j) on its own
					 initiative, or at the request of a court of competent jurisdiction, or for good
					 cause shown upon application of any affected party, expedite the processing of
					 a matter;
(k) sever issues within a
					 proceeding for purposes of issuing an order and determination with respect to
					 certain issues while reserving other issues for subsequent
					 determination;
(l) stay proceedings
					 upon such terms as may be appropriate; or
(m) permit a tenant to withdraw a
					 complaint.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.6 - Determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The district
					 rent administrator, on such terms and conditions as he may determine, may:
(1) dismiss the application if it fails
					 substantially to comply with the provisions of the act or this
					 Chapter;
(2) grant or deny the
					 application, in whole or in part;
(3) issue an appropriate order in a
					 proceeding instituted on his own initiative; and
(4) issue conditional or provisional
					 determinations as he may deem appropriate under the circumstances. A copy of
					 any order issued shall be forwarded to all parties to the proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.7 - Pending proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Where a regulation is amended during the pendency of a
						proceeding, the determination shall be in accordance with the amended
						regulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.8 - Modification or revocation of orders

Current through Register Vol. 46, No. 28, July 10, 2024
The division, on application of either party or on its
						own initiative, and upon notice to all parties affected, may, prior to the date
						that a petition for judicial review has been commenced in the Supreme Court
						pursuant to article 78 of the Civil Practice Law and Rules, modify, supersede
						or revoke any order issued by the division under these or previous regulations
						where the division finds that such order was the result of illegality,
						irregularity in vital matters, or fraud. Where an order is modified, superseded
						or revoked by the division, it may also direct that all rent collected by the
						landlord and/or by predecessor and successor landlords in excess of the legal
						regulated rent be refunded to the tenant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.9 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A proceeding
					 for judicial review pursuant to article 78 of the Civil Practice Law and Rules
					 may be instituted only to review a final order of the division pursuant to
					 section 2506.2 of this Title. Such
					 proceeding shall be brought within 60 days after the issuance of the order. The
					 issuance date shall be defined as the date of the mailing of the
					 order.
(b) The petition for
					 judicial review shall be brought in the Supreme Court in the county in which
					 the subject housing accommodation is located and shall be served in the manner
					 prescribed by section
					 2510.12(c) of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.10 - Amendments to complaint or application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Right to amend. The division may
					 authorize an amendment to a complaint or application at any time on good cause
					 shown, except that an applicant or complainant shall have the right to amend
					 the application or complaint in writing prior to the time within which an
					 answer may be filed.
(b) Service.
					 Any amendment to an application or complaint shall be served upon all affected
					 parties in the same manner as the original application or complaint.
(c) Amended answer or reply. When an
					 application or complaint is amended after an answer has been filed, all
					 affected parties may file an amended answer or reply within the time provided
					 for the answer or reply.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2507 - Proceedings Before Division › Section 2507.11 - Advisory opinions and operational bulletins

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division may render advisory opinions
					 as to the division's interpretation of the act, this Subchapter or procedures,
					 on the division's own initiative or at the request of a party.
(b) In addition to the advisory opinion
					 issued under subdivision (a) of this section, the division may take such other
					 required and appropriate action as it deems necessary for the timely
					 implementation of the act and this Subchapter and for the preservation of
					 regulated rental housing in accordance with section
					 2500.13 of this Title. Such other
					 action may include the issuance and updating of schedules, forms, instructions,
					 and the official interpretative opinions and explanatory statements of general
					 policy of the commissioner, including operational bulletins, with respect to
					 the act and this Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2508 - Miscellaneous Procedural Matters › Section 2508.1 - When a notice of paper shall be deemed served

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices, orders, petitions for
					 administrative review, answers and other papers may be served personally, by
					 mail, or electronically, as provided in an Operational Bulletin issued pursuant
					 to section 2507.11 of this Title. Except as
					 otherwise provided by section
					 2510.2 of this Title, when service
					 other than by the division, is made personally or by mail, a contemporaneous
					 affidavit providing dispositive facts by the person making the service or
					 mailing shall constitute sufficient proof of service. When service is by
					 registered or certified mail, the stamped post office receipt shall constitute
					 sufficient proof of service. Once sufficient proof of service has been
					 submitted to the division, the burden of proving non-receipt shall be on the
					 party denying receipt.
(b) When a
					 notice of appearance has been filed by an attorney, service on the attorney
					 shall be deemed proper service as if made on the party or parties
					 represented.
(c) Unless otherwise
					 expressly provided in this Subchapter, no additional time is required for
					 service by mail of any notice, order, answer, lease offer or other papers,
					 beyond the time period set forth in this Subchapter and such time period
					 provided is inclusive of the time for mailing.
(d) Unless otherwise expressly provided in
					 this Subchapter, no additional time is required to respond or to take any
					 action when served by mail with any notice, order, answer, lease offer, or
					 other papers, beyond the time period set forth in this Subchapter and the time
					 to respond is commenced upon mailing of said notice, order answer, lease offer
					 or other paper.
(e) DHCR may
					 establish such other procedures for service and filing via electronic or online
					 methods via operational bulletin.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2508 - Miscellaneous Procedural Matters › Section 2508.2 - Delegation of authority

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Housing and Community Renewal and any
						officer of the division designated by the commissioner to carry out any power
						of the commissioner under the act or this Chapter may delegate the authority to
						carry out any of the duties and powers granted by the act or this
						Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2508 - Miscellaneous Procedural Matters › Section 2508.3 - Small building owners assistance unit

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall establish a small building owners
						assistance unit which shall provide assistance upon request to owners of
						buildings with rental housing accommodations. Such assistance shall include,
						but not be limited to, completing applications for adjustments in rents, filing
						registration statements, maintaining adequate business and financial records,
						and complying with provisions of law and regulations. For the purposes of this
						section, a small building owner shall mean an owner of a total of 50 housing
						accommodations or less.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2509 - Registration Of Housing Accommodations › Section 2509.1 - Initial registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
					 accommodations which become subject to the act after the initial registration
					 period must be registered within 90 days thereafter. The registration shall
					 include an actual, physical street address from which the owner or agent
					 conducts business and where the owner or an agent is authorized to accept
					 service of documents, subpoenas or requests. Registration of housing
					 accommodations subject to the Emergency Housing Rent Control Law immediately
					 prior to the date of filing the initial registration statement shall include,
					 in addition to the items set out in subdivision (b) of this section, where
					 existing, the maximum rent immediately prior to the date that such housing
					 accommodations became subject to the act.
(b) Copies of the registration shall be filed
					 with the division in such place or places as it may require. In addition, a
					 copy of the building services registration form shall be posted in a public
					 area of the building as prescribed therein, and a copy of each apartment
					 registration form must be mailed by the owner to the tenant in possession of
					 the housing accommodation to which it applies at the time of initial
					 registration, or to the first tenant in occupancy if the housing accommodation
					 is vacant at the time of initial registration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2509 - Registration Of Housing Accommodations › Section 2509.2 - Annual statement

Current through Register Vol. 46, No. 28, July 10, 2024
An annual registration statement shall be filed
						containing the current rent for each housing accommodation and such other
						information specified in section
						2509.1 of this Part as shall be
						required by the division, pursuant to the ETPA, TPR and section
						2507.11 of this Title. The owner
						shall provide each tenant then in occupancy with a copy of that portion of such
						annual statement as pertains to the tenant's housing accommodation. An owner
						seeking to file an amended registration statement for other than the present
						registration year must file an application pursuant to section
						2502.6(a) and Part
						2507 of this Title as applicable to establish the propriety of such amendment
						unless the amendment has already been directed by the division or is directed
						by another governmental agency that supervises such housing
						accommodation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2509 - Registration Of Housing Accommodations › Section 2509.3 - Penalty for failure to register

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The failure to properly and timely comply with the rent registration
					 requirements of this Part shall, until such time as such registration is
					 completed, bar an owner from applying for or collecting any rent in excess of
					 the base date rent, plus any increases allowable prior to the failure to
					 register. Such a bar includes but is not limited to rent adjustments pursuant
					 to section 2502.7 of this Title. The filing of
					 a late registration shall result in the prospective elimination of such
					 sanctions, and for proceedings commenced on or after July 1, 1991, provided
					 that increases in the legal regulated rent were lawful except for the failure
					 to file a timely registration, an owner, upon the service and filing of a late
					 registration, shall not be found to have collected rent in excess of the legal
					 regulated rent at any time prior to the filing of the late
					 registration.
(b) The failure to
					 pay any administrative fees imposed by the act shall constitute a charge due
					 and owing the city, town or village that has imposed such fees, and no penalty
					 for such failure to pay shall be imposed pursuant to this Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2509 - Registration Of Housing Accommodations › Section 2509.4 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Registration pursuant to this Part shall not be subject
						to the Freedom of Information Law, provided that registration information
						relative to a tenant, owner, lessor or subtenant shall be made available to
						such party or his authorized representative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.1 - Persons who may file

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 aggrieved by an order issued by a district rent administrator may file a
					 petition for administrative review (PAR) to the commissioner in the manner
					 provided in this Part.
(b) A joint
					 PAR, verified or affirmed by each person joining therein, may be filed by two
					 or more landlords or tenants, where at least one ground is common to all
					 persons so filing. The commissioner, in his discretion, may treat such PAR as
					 joint or several.
(c) The
					 commissioner may, in his discretion, consolidate two or more PAR's which have
					 at least one ground in common.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.2 - Time for filing a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
A PAR against an order of a rent administrator must be
						filed in person, by mail, or as otherwise provided by operational bulletin with
						the division within 35 days after the date such order is issued. A PAR served
						by mail must be postmarked not more than 35 days after the date of such order,
						to be deemed timely filed. If the prepaid postage on the envelope in which the
						PAR is mailed is by private postage meter, and the envelope does not have an
						official U.S. Postal Service postmark, then the PAR will not be considered
						timely filed unless received within the aforementioned 35 days or the
						petitioner submits other adequate proof of mailing within said 35 days, such as
						an official postal service receipt or certificate of mailing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.3 - Scope of review

Current through Register Vol. 46, No. 28, July 10, 2024
Review pursuant to this Part shall be limited to the
						facts or evidence before a district rent administrator as raised in the
						petition. Where the petitioner submits with the petition certain facts or
						evidence which he or she establishes could not reasonably have been offered or
						included in the proceeding prior to the issuance of the order being appealed,
						the proceeding may be remanded for determination to the district rent
						administrator to consider such facts or evidence. Proceedings remanded back to
						the division following an Article 78 may be reconsidered, at the discretion of
						the commissioner, without being remanded to the rent
						administrator.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.4 - Form and content of a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
A PAR may be filed only on a form prescribed by the
						division, which shall be verified or affirmed by the party filing same, or his
						or her duly designated representative, and which shall have attached thereto a
						complete copy of the order to be reviewed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.5 - Service and filing of a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each PAR shall be filed in an original and one copy at the Division of Housing
					 and Community Renewal, Office of Rent Administration, 92-31 Union Hall Street,
					 Jamaica, NY 11433, unless otherwise provided on the form prescribed by the
					 commissioner for such PAR.
(b) A
					 copy of the PAR shall be served by the division upon the adverse
					 party.
(c) A PAR will not be
					 accepted for filing unless accompanied by a complete copy for the order to be
					 reviewed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.6 - Time of filing an answer to a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
Any person served with a PAR as provided in section
						2510.5(b) of this
						Part may, within 20 days from the date of mailing a copy of the PAR by the
						division pursuant to section
						2510.5(b) of this
						Part, file a verified or affirmed answer thereto, by filing the same with the
						division. A copy of such answer to the PAR shall be served by the division upon
						the adverse party. The commissioner may, in his discretion, and for good cause
						shown, extend the time within which to answer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.7 - Action by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Within a reasonable time after the filing of the PAR and
						the answers, if any, the commissioner may:
(a) reject the PAR if it is insufficient or
					 defective;
(b) make such
					 investigation of the facts, hold such conferences, and require the filing of
					 such reports, evidence, affidavits or other material relevant to the proceeding
					 as he may deem necessary or appropriate;
(c) forward to or make available for
					 inspection by either party any relevant evidence and afford an opportunity to
					 file rebuttal thereto;
(d) for good
					 cause shown, accept for filing any papers, even though not filed within the
					 time required by this Part;
(e)
					 require any person to appear or produce documents, or both, pursuant to a
					 subpoena issued by the commissioner;
(f) grant or order a hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.8 - Final determination by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner, on such terms and
					 conditions as he may determine, may:
(1)
					 dismiss the PAR if it fails substantially to comply with the provisions of the
					 Act or this Part; or
(2) grant or
					 deny the PAR, in whole or in part, or remand the proceeding to the district
					 rent administrator for further action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.9 - Pending PAR's

Current through Register Vol. 46, No. 28, July 10, 2024
Where a regulation is amended during the pendency of a
						PAR, or an applicable statute is enacted or amended during the pendency of a
						PAR, the determination shall be in accordance with the amended regulation,
						statute or Code as it existed at the time the rent administrator's order was
						issued, unless the relevant law or regulation states
						otherwise.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.10 - Time within which the commissioner shall take final action

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissioner does not act finally within a period
						of 90 days after a PAR is filed, or within such extended period as provided for
						herein, the PAR may be "deemed denied" by the petitioner for the purpose of
						commencing a proceeding pursuant to section
						2510.12 of this Part. The
						commissioner may, however, grant one such extension, not to exceed 30 days,
						with the consent of the party filing the PAR; any further extension may only be
						granted with the consent of all parties to the PAR. Unless a proceeding for
						judicial review pursuant to article 78 of the Civil Practice Law and Rules has
						been commenced, the commissioner shall determine a PAR notwithstanding that
						such 90 day or extended period has elapsed.