reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2203 - Registration And Records › Section 2203.8 - Records and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Every landlord of a rooming house or hotel subject to these regulations, rented
					 or offered for rent, shall keep, preserve, and make available for examination
					 by the administrator, records showing the rents received for each housing
					 accommodation, the particular term and number of occupants for which such rents
					 were charged, and the name and address of each occupant.
(b) Every landlord shall keep, preserve, and
					 make available for examination by the administrator, records of the same kind
					 as he has customarily kept relating to the rents received for housing
					 accommodations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2203 - Registration And Records › Section 2203.9 - Other reports required to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Compensable adjustment of maximum rent.
(1)
					 The landlord of a building wherein the maximum rents for housing accommodations
					 therein are subject to adjustment, as provided in sections 2201.3 and
					 2202.11 of this Title, shall file a
					 report of such adjustment upon forms prescribed by the administrator.
(2) Prior to filing such report, the landlord
					 shall give the tenants at least five days' written notice of such rent
					 increase, upon forms prescribed by the administrator, as a condition to the
					 collection of such rent adjustment effective on the date of commencement of the
					 next rent payment period following the date of service of such
					 notice.
(3) No report may be
					 accepted by the administrator unless the landlord shall certify compliance with
					 the notice requirement of paragraph (2) of this subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2203 - Registration And Records › Section 2203.10 - Certification concerning alteration or demolition of buildings

Current through Register Vol. 46, No. 28, July 10, 2024
The landlord shall submit a certified statement to the
						Division of Housing and Community Renewal, upon forms prescribed by the
						administrator, before filing plans and applying for a building permit to alter
						or demolish all or part of a building containing housing accommodations subject
						to these regulations. Such certified statement shall be submitted at the
						earliest of the following dates:
(a)
					 not less than 30 days before commencement of any work for which the filing of
					 plans and obtaining of permits is required;
(b) at least 30 days and not more than 120
					 days prior to filing any such plans or applying for such permit; or
(c) within 30 days after the first
					 communication, written or oral, to any tenant or occupant of such building, of
					 the landlord's intention to alter or demolish.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2204 - Evictions › Section 2204.3 - Notices required in proceedings under section 2204.2

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except where the ground for removal or
					 eviction of a tenant is nonpayment of rent, no tenant shall be removed or
					 evicted from a housing accommodation by court process, and no action or
					 proceeding shall be commenced for such purpose upon any of the grounds stated
					 in section 2204.2 of this Part, unless and
					 until the landlord shall have given written notice to the tenant and to the
					 Division of Housing and Community Renewal, Office of Rent Administration, Gertz
					 Plaza, 92-31 Union Hall Street, Jamaica, New York 11433 as hereinafter
					 provided.
(b) Every such notice to
					 a tenant to vacate or surrender possession of a housing accommodation shall
					 state the ground under section
					 2204.2 of this Part upon which the
					 landlord relies for removal or eviction of the tenant, the facts necessary to
					 establish the existence of such ground, and the date when the tenant is
					 required to surrender possession.
(c) Within 48 hours after the notice is
					 served upon the tenant, an exact copy thereof, together with an affidavit of
					 service, shall be filed with the Division of Housing and Community Renewal,
					 Office of Rent Administration, Gertz Plaza, 92-31 Union Hall Street, Jamaica,
					 New York 11433. In computing such 48-hour period, any intervening Saturday,
					 Sunday or legal holiday shall be excluded.
(d) Every such notice shall be served upon
					 the tenant within the period of time hereinafter set forth prior to the date
					 specified therein for the surrender of possession, and prior to the
					 commencement of any proceeding for removal or eviction:
(1) Where the notice specifies one or more of
					 the grounds stated in paragraphs (a)(2)-(4) of section
					 2204.2 of this Part as the basis
					 for such removal or eviction, not less than 10 days, unless the tenant is a
					 weekly tenant in which case the notice required shall not be less than two
					 days.
(2) Where the notice
					 specifies one or more of the grounds stated in paragraphs (a)(1), (5) and (6)
					 of section 2204.2 of this Part as the basis
					 for such removal or eviction, not less than one month, unless the tenant is a
					 weekly tenant in which case the notice required shall not be less than seven
					 days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2204 - Evictions › Section 2204.4 - Proceedings for eviction with certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No tenant who continues to pay the rent
					 to which landlord is entitled shall be removed or evicted on grounds other than
					 those stated in section
					 2204.2 of this Part, unless on
					 application of the landlord (provided that where the housing accommodations are
					 located in a structure or building owned by a two or more persons not
					 constituting a cooperative corporation or association, the application shall be
					 consented to by all the coowners), the administrator shall issue a certificate
					 permitting the landlord to pursue his remedies at law at the expiration of the
					 applicable waiting period specified in subdivision (b) of this section. The
					 administrator shall issue an order granting a certificate if the removal or
					 eviction meets the requirements of section
					 2204.5,
					 2204.6,
					 2204.7,
					 2204.8 or
					 2204.9 of this Part. The
					 administrator may also issue orders granting certificates in other cases if the
					 requested removal or eviction is not inconsistent with the purposes of the Rent
					 Law or these regulations, and would not be likely to result in the
					 circumvention or evasion thereof, and may impose such terms and conditions,
					 including provisions for relocation and the payment of stipends to the tenants,
					 as the administrator may determine to be necessary or appropriate.
(b)
(1)
					 Certificates issued pursuant to these regulations shall authorize the landlord
					 to commence proceedings to remove or evict the tenant after the expiration of
					 the applicable waiting period hereinafter specified in this subdivision. Any
					 waiting period prescribed or fixed pursuant to this subdivision shall commence
					 upon the date of the issuance of the certificate by the administrator. Except
					 as otherwise provided in paragraph (2) of this subdivision, the applicable
					 waiting period shall be as follows:
(i) where
					 relocation is not required, three months; or
(ii) where relocation is required, four
					 months.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2204 - Evictions › Section 2204.8 - Demolition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to the
					 provisions of subdivision (b) of this section, a certificate shall be issued
					 where the landlord seeks in good faith to recover possession of housing
					 accommodations for the immediate purpose of demolishing them, provided that the
					 landlord shall have secured such approval therefor as is required by law, and
					 the administrator finds:
(1) that the
					 demolition is to be made for the purpose of constructing a building or
					 structure containing at least 20 percent more housing accommodations,
					 consisting of self-contained family units (as defined in section
					 2200.9 of this Title), than there
					 are apartments contained in the structure to be demolished, unless violations
					 have been filed against the structure containing the housing accommodations, by
					 city agencies having jurisdiction thereof, as a result of fire hazards or
					 conditions dangerous or detrimental to life or health of the tenants, and the
					 costs of removing such violations would substantially equal or exceed the
					 assessed valuation of the structure. In the latter case, the new buildings or
					 structures shall only be required to make provision for a greater number of
					 self-contained family units than there are apartments contained in the
					 structure to be demolished;
(2)
					 that such demolition is to be made for the purpose of constructing other than
					 housing accommodation; or
(3) that
					 such demolition is to be made for the purpose of carrying out a program of
					 clearance, replanning, reconstruction and neighborhood rehabilitation of
					 substandard and unsanitary areas pursuant to and under the conditions imposed
					 by article XV of the General Municipal Law, and the landlord is required to
					 relocate tenants under the supervision of the New York City Division of Real
					 Property or any other public agency having jurisdiction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2204 - Evictions › Section 2204.9 - Withdrawal of occupied housing accommodations from rental market

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certificate
					 shall be issued where the landlord establishes that he seeks in good faith
					 permanently to withdraw occupied housing accommodations from both the housing
					 and nonhousing markets, without any intent to rent or sell all or any part of
					 the land or structure, and:
(1) that he
					 requires the entire structure containing the housing accommodations or the land
					 for his own immediate use in connection with a business which, at the time of
					 the filing of the application for a certificate of eviction, he owns and
					 operates in the immediate vicinity of the property in question;
(2) that substantial violations which
					 constitute fire hazards or conditions dangerous or detrimental to the life or
					 health of the tenants have been filed against the structure containing the
					 housing accommodations, by city agencies having jurisdiction over such matters,
					 and that the cost of removing such violations would substantially equal or
					 exceed the assessed valuation of the structure;
(3) where the landlord is a hospital,
					 convent, asylum, public institution, college, school or any institution
					 operated exclusively for charitable or educational purposes on a nonprofit
					 basis, that the landlord requires the housing accommodations or the land, or
					 any part thereof, for its own immediate use in connection with its charitable,
					 religious or educational purposes, provided that no certificate shall be issued
					 for purposes of withdrawing accommodations for the immediate and personal use
					 and occupancy as housing accommodations by employees, students or members of
					 its staff; or
(4) that the
					 continued operation of the housing accommodations would impose other undue
					 hardship upon the landlord.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2205 - Prohibitions › Section 2205.2 - Evasion

Current through Register Vol. 46, No. 28, July 10, 2024
The maximum rents and other requirements provided in
						these regulations shall not be evaded, either directly or indirectly, in
						connection with the renting or leasing or the transfer of a lease of housing
						accommodations by requiring the tenant to pay, or obligate himself for
						membership or other fees, or by modification of the practices relating to
						payment of commissions or other charges, or by modification of the services
						furnished or required to be furnished with the housing accommodations, or
						otherwise.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2205 - Prohibitions › Section 2205.3 - Purchase of property as condition of renting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall require a tenant or
					 prospective tenant to purchase or agree to purchase furniture or any other
					 property as a condition of renting housing accommodations.
(b) 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.
(c) 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 any incoming tenant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2205 - Prohibitions › Section 2205.4 - Term of occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
No tenant shall be required to change his term of
						occupancy; for example, a tenant on a monthly basis shall not be required to
						change to a weekly basis, and a tenant on a weekly basis shall not be required
						to change to a daily basis.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2205 - Prohibitions › Section 2205.5 - 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 and
						occupancy of housing accommodations, except:
(a) if the demand, collection or retention of
					 such security deposit was permitted under the rent regulations promulgated
					 pursuant to the Federal Act, the State Rent Law or the local laws of the City
					 of New York, and said security deposit does not exceed the rent for one month
					 in addition to the authorized collection or rent; or
(b) if the demand, collection or retention of
					 such security deposit was pursuant to a rental agreement with the tenant, and
					 said security deposit does not exceed the rent for one month (or for one week
					 where the rental payment period is for a term of less than one month) in
					 addition to the authorized collection of rent, provided in all cases:
(1) that said security deposit shall be
					 deposited in a banking organization no later than July 15, 1960, or within 15
					 days after receipt thereof, whichever is later, which shall be placed in an
					 interest-bearing account on or before October 1, 1974 or the date of any
					 deposit made thereafter;
(2) the
					 person depositing such security money shall be entitled to receive, as
					 reimbursement for administrative expenses, a sum equivalent to one percent per
					 annum upon the security money so deposited;
(3) the balance of the interest paid by the
					 banking organization shall be held in trust until applied for the rental of the
					 housing accommodations, or until paid to the tenant not less often than
					 annually by check or cash;
and provided further, with respect to properties or
						building containing six or more family dwelling units, nothing set forth in
						this section shall be construed to relieve any person receiving or retaining
						any rent security deposit for or in connection with the use or occupancy of any
						dwelling unit therein from complying and continuing to comply with the
						requirements 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2205 - Prohibitions › Section 2205.6 - Lease with option to buy

Current through Register Vol. 46, No. 28, July 10, 2024
Where a lease of housing accommodations is entered into
						on or after May 1, 1962, and the tenant, as a part of such lease or in
						connection therewith, is granted an option to buy the housing accommodations
						which are the subject of the lease, the landlord, prior to the exercise by the
						tenant of the option to buy, shall not demand or receive, nor shall the tenant
						offer, payments in excess of the maximum rent, whether or not such lease
						allocates such portion or portions of the periodic payments therein provided
						for as payment on or for the option to buy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2205 - Prohibitions › Section 2205.7 - 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 of Housing and Community Renewal, or for any official advisor or
						consultant to the Division of Housing and Community Renewal, to disclose,
						otherwise than in the course of official duty, any information obtained under
						the Rent Law, 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.1 - Criminal penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who willfully violates any provision of
						section Y51-10.0 of the Rent Law shall be guilty of and punishable for a crime
						as specified in section
						1 (10)
						of the State Enabling Act, namely, such person shall be subject to a fine of
						not more than $5,000, or to imprisonment for not more than two years in the
						case of a violation of subdivision c of section Y51-10.0 of the Rent Law, and
						for not more than one year in all other cases, or to both such fine and
						imprisonment. The administrator may certify such facts, which in his opinion
						constitute such violation, to the district attorney having jurisdiction
						thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.2 - Injunctions

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may, whenever in his judgment any
						person has engaged in or is about to engage in acts or practices which
						constitute or will constitute a violation of any provision of section Y51-10.0
						of the Rent Law, apply to the Supreme Court for an order (a) enjoining such
						acts or practices, (b) enforcing compliance with such provision of said section
						or with an order issued by the administrator, or (c) directing the landlord to
						correct such violation of such provision; and upon sufficient showing, the
						Supreme Court may issue a temporary or permanent injunction, restraining order
						or other order, all of which shall be granted without bond. Jurisdiction shall
						not be deemed lacking in the Supreme Court because a defense is based upon
						order of an inferior court.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.3 - Civil penalties

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may, whenever any person has engaged in
						acts or practices which constitute a violation of any provision of section
						26-412 of the Rent Law or Part 2205 of this Title, or where more than six
						months have elapsed since the landlord's failure to use a certificate of
						eviction for the purpose for which it was issued, and either the administrator
						has not waived such failure to use such certificate for the designated purpose
						or the tenant has not commenced civil action against the landlord as provided
						in section 2206.7 of this Part, impose civil
						penalty by order after a hearing by reason of such violation and bring an
						action to recover same in any court of competent jurisdiction. Such penalty, in
						the case of a violation of subdivision d of section 26-412 of the Rent Law or
						section 2206.5 of this Part, shall be in
						the amount of not less than $2,000 nor more than $10,000 for each such offense
						or for a violation consisting of conduct directed at the tenants of more than
						one housing accommodation; and in the case of any other violation of such
						provisions of the Rent Law or this Subchapter, in the amount of $1,000 for the
						first offense and $2,000 for each subsequent offense. Such order shall be
						deemed a final determination for the purposes of judicial review as provided in
						section 26-411 of the Rent Law and section
						2208.12 of this Title. Such action
						shall be brought on behalf of the city, and any amount recovered shall be paid
						into the city treasury. Such right of action may be released, compromised or
						adjusted by the administrator at any time subsequent to the issuance of such
						administrative order.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.4 - Civil action by administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may, whenever in his judgment any
						person has engaged in acts or practices which constitute a violation of any
						provision of section Y51-10.0 of the Rent Law, commence an action to recover
						damages, as provided for in section
						2206.8 of this Part, in the event
						that (a) the tenant has not previously commenced such an action as therein
						provided, and (b) more than six months have elapsed since the occurrence of the
						violation or issuance of the order. An action instituted by the administrator
						shall constitute a bar to an action by the person aggrieved. The administrator
						shall pay over one half of the sum recovered in such action to the person
						aggrieved and one half to the city treasury, exclusive of costs and
						disbursements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.5 - Finding of harassment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 administrator may, subject to the provisions of subdivision (c) of this
					 section, make a finding of harassment whenever he determines the existence of a
					 violation of section
					 2205.1(b) of this
					 Title (section Y51-10.0d of the Rent Law), in which event the administrator
					 may:
(1) dismiss any pending application for a
					 certificate of eviction, and grant any subsequent application for such
					 certificate only upon such terms and conditions as he deems necessary to
					 prevent the circumvention or evasion of provisions of this Title;
(2) determine that such housing
					 accommodations or any replacement or subdivision thereof (whether or not by
					 demolition, alteration or substantial rehabilitation) shall constitute housing
					 accommodations subject to control under these regulations, notwithstanding any
					 definition of that term to the contrary; and
(3) refuse to credit any adjustments
					 increasing rent mandated by Part 2202 of this Title (section Y51-5.0 of the
					 Rent Law), and dismiss any application for an adjustment pursuant to said
					 section for such time and under such terms and conditions as the Division of
					 Housing and Community Renewal deems necessary to prevent circumvention or
					 evasion of the Rent Law and these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.6 - Revocation of orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 administrator may revoke any order or determination based upon any statement or
					 entry false in any material respect in any document or report submitted in any
					 proceeding before the Division of Housing and Community Renewal, or required to
					 be kept or filed under the Rent Law or these regulations or any requirements
					 thereunder.
(b) Where after the
					 State Rent Commission or the administrator has granted a certificate of
					 eviction and a tenant voluntarily removes from a housing accommodation, or has
					 been removed therefrom by action or proceeding to evict from or recover
					 possession of a housing accommodation, and the landlord or any successor
					 landlord of the premises does not use the housing accommodation for the purpose
					 specified in such certificate of eviction, the vacated accommodation or any
					 replacement or subdivision thereof shall, unless the administrator approves
					 such different purpose, be deemed a housing accommodation subject to control,
					 notwithstanding any definition of that term in these regulations to the
					 contrary. Such approval shall be granted whenever the administrator finds that
					 the failure or omission to use the housing accommodation for the purpose
					 specified in such certificate was not inconsistent with the purposes of the
					 Rent Law and these regulations, and would not be likely to result in the
					 circumvention or evasion thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.8 - Civil action by tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A tenant may
					 bring an action against his landlord, in any court of competent jurisdiction,
					 for a violation of subdivision a of section Y51-10.0 of the Rent Law:
(1) within two years from the date of
					 occurrence of an overcharge,defined to mean the amount by which the
					 consideration paid by a tenant to a landlord exceeds the applicable maximum
					 rent;
(2) within one year after the
					 landlord fails to pay a refund as ordered by the Division of Housing and
					 Community Renewal, such time to be calculated from 33 days after the date of
					 the issuance of the order or when the order becomes final, whichever is later;
					 or
(3) in the case of an act
					 proscribed by subdivision e of section Y51-10.0 of the Rent Law, within two
					 years after knowledge of such statement or omission and consequent violation
					 has been made known to the tenant or to the Division of Housing and Community
					 Renewal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.9 - Civil action by tenant for unlawful eviction or for surrender of possession as result of harassment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 tenant or occupant who is unlawfully removed by a landlord from any housing
					 accommodation may, within two years from the date of the occurrence, bring a
					 civil action against the landlord by reason of such unlawful removal. In such
					 action, the landlord shall be liable to the tenant for three times the damages
					 sustained on account of such removal, plus reasonable attorney's fees and costs
					 as determined by the court. The damages sustained by the tenant under this
					 subdivision shall be the difference between the rent paid for the housing
					 accommodation from which the tenant was evicted and the rental value of a
					 comparable housing accommodation on the open market. In addition to any other
					 damage, the cost of removal of the tenant's property shall be a lawful measure
					 of damages.
(b) Any tenant who has
					 vacated his housing accommodations, because the landlord or any person acting
					 on his behalf, with intent to cause the tenant to vacate, engaged in any course
					 of conduct (including but not limited to interruption or discontinuance of
					 essential services) which interfered with or disturbed, or was intended to
					 interfere with or disturb, the comfort, repose, peace or quiet of the tenant in
					 his use and occupancy of the housing accommodations, may, within 90 days after
					 vacating, apply to the administrator for a determination that the housing
					 accommodations were vacated as a result of such conduct and, within one year
					 after determination of such fact by the administrator as provided in section
					 2206.5(e) of this
					 Part, institute a civil action against the landlord by reason of such conduct.
					 In such action the landlord shall be liable to the tenant for three times the
					 damages sustained on account of such conduct, plus reasonable attorney's fees
					 and costs as determined by the court. The damages sustained by the tenant under
					 this subdivision shall be the difference between the rent paid for the housing
					 accommodation from which the tenant was evicted and the rental value of a
					 comparable housing accommodation on the open market. In addition to any other
					 damages, the cost of removal of the tenant's property shall be a lawful measure
					 of damages.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.10 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 court shall advance on the docket or otherwise expedite the disposition of any
					 action or proceeding brought before it under subdivision 10 of section
					 1 of the State Enabling
					 Act.
(b) Except as otherwise
					 provided therein, the provisions of sections
					 2206.2 through
					 2206.9 of this Part are cumulative.
					 The enforcement of one provision herein shall not constitute a bar to the
					 enforcement by action, proceeding or by making a finding or determination
					 pursuant to other provisions of these regulations.
(c) The administrator may direct that a
					 refund payment to the tenant, for rent collected in violation of subdivision a
					 of section Y51-10.0 of the Rent Law, include interest from the date of each
					 excessive payment of rent. Where the administrator has revoked an order or
					 determination premised on a false statement or entry, he may withhold issuance
					 of an order granting increase in maximum rent for such housing accommodations
					 until the landlord has complied with the refund directive, if any, provided for
					 in such order of revocation.
(d) No
					 person (including but not limited to any officer or employee of the Division of
					 Housing and Community Renewal) shall be held liable for damages or penalties in
					 any court, on any grounds for or in respect of anything done or omitted to be
					 done in good faith pursuant to any provision of the State Rent Act or the Rent
					 Law, or any regulation, order or requirement thereunder, notwithstanding that
					 subsequently such provision, regulation, order or requirement may be modified,
					 rescinded, or determined to be invalid. In any action or proceeding wherein a
					 party relies for ground of relief or defense or raises issue or brings into
					 question the construction or validity of any provision of the Rent Law, or any
					 regulation, order or requirement thereunder, the court having jurisdiction of
					 such action or proceeding may at any stage certify such fact to the Division of
					 Housing and Community Renewal. The administrator 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2206 - Enforcement › Section 2206.11 - 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 administrator 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 administrator 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.1 - Proceedings instituted by landlord or tenant in district rent office

Current through Register Vol. 46, No. 28, July 10, 2024
A proceeding is instituted in a district rent office by a
						landlord or a tenant with the filing of an application for adjustment of rent,
						for a certificate of eviction, or for other relief provided by the Rent Law or
						these regulations. Such application shall be verified by the applicant and
						filed with the district rent administrator for the district within which the
						housing accommodation is located, upon the appropriate form issued by the
						administrator 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.2 - Proceedings instituted by district rent administrator on his own initiative

Current through Register Vol. 46, No. 28, July 10, 2024
The district rent administrator may institute a
						proceeding on his own initiative whenever he deems it necessary or appropriate
						pursuant to the Rent Law or these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.3 - Notice to 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 a landlord or tenant, the
					 district rent administrator 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 2202.4(c), (d) or
					 (e) of this Title, to increase the maximum
					 rent, the district rent administrator shall notify all parties adversely
					 affected thereby, and shall afford such parties the opportunity to submit
					 written responses thereto. The landlord 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 city rent agency for tenant
					 examination upon prior request. Tenants' written responses shall be considered
					 by the city rent agency 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
A person who has been served with a copy of an
						application or a notice of a proceeding shall have seven days from the date of
						mailing within which to answer, except as otherwise provided in this section.
						Where the application was made pursuant to section
						2202.8 of this Title, a tenant
						shall have 15 days from the date of mailing within which to answer. Where a
						proceeding is commenced by the issuance of an order to show cause by the
						district rent administrator, a person who has been served with a copy of such
						order to show cause shall file his answer within the period specified in such
						order to show cause. Every answer must be affirmed, and an original and one
						copy shall be filed with the district rent administrator.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.5 - Action by district rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
At any stage of a proceeding, the district rent
						administrator may:
(a) reject the
					 application 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 these
					 regulations;
(e) require any person
					 to appear or produce documents, or both, pursuant to a subpoena issued by the
					 administrator;
(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 by the district rent
					 administrator;
(h) grant or order a
					 hearing, except that no multiple-tenant-initiated proceedings for reduction of
					 rents in a building may be determined without a hearing, unless such hearing is
					 waived:
(1) by the landlord by reason of his
					 failure to request same at the time of his answer; or
(2) by the tenants by reason of their failure
					 to request same at the time they reply to the landlord's answer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.6 - Final determination by district rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The district rent administrator, on such terms and
						conditions as he may determine, may:
(a) dismiss the application if it fails
					 substantially to comply with the provisions of the Rent Law or these
					 regulations;
(b) grant or deny the
					 application, in whole or in part; or
(c) issue an appropriate order in a
					 proceeding instituted on his own initiative.
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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.7 - Pending proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 matter, application, proceeding or protest, undertaken, filed or commenced by,
					 with or before the State Rent Commission, and transferred to the administrator
					 as provided by section l(11) and (13) of the State Enabling Act and sections
					 Y51-14.0 and Y51-15.0 of the Rent Law, shall be completed or determined by the
					 administrator in conformity with these regulations; except that, where any
					 application for a rent increase pursuant to section
					 4
					 (4)(a)(1) of the State Rent Act is
					 transferred to the administrator for determination:
(1) such application, solely for the purpose
					 of applying thereto section
					 2202.8(c) of this
					 Title, shall be treated as if it were sought to be filed on May 1, 1962,
					 provided that if the two-year minimum period prescribed by such section
					 terminates on any date between May 1, 1962 and September 1, 1962, both dates
					 inclusive, the administrator, notwithstanding any other provisions of these
					 regulations, shall treat such application, solely for the purpose of applying
					 such section thereto, as having been filed on the date next succeeding such
					 date of termination, and shall withhold determination of such application until
					 the next succeeding date; and
(2)
					 any such application shall be denied unless the landlord shall file with the
					 administrator, on or before May 31, 1962, a certificate of the Department of
					 Buildings and a certification by the landlord setting forth with respect to the
					 property the matters specified in section
					 2202.3(b) of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2207 - Proceedings Before District Rent Administrator › Section 2207.8 - Modification or revocation of orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as provided in subdivision (b) or (c) of this section, or except
					 pursuant to an order of remand issued by the administrator, the district rent
					 administrator or the authorized supervisor of any component of the Division of
					 Housing and Community Renewal may not modify, supersede or revoke any order
					 issued under these or previous regulations unless he finds that such order was
					 the result of illegality, irregularity in vital matters, or fraud, or unless he
					 shall make such finding as is required by subdivision (c) of section
					 2202.20 of this Title. Where an
					 order is modified, superseded or revoked by the district rent administrator, he
					 may also direct that rent collected by the landlord in excess of the maximum
					 rent be refunded to the tenant, together with six percent interest from the
					 date of each such excessive payment of rent, within 30 days after his action
					 shall become final. Where a rent exemption order issued pursuant to section
					 2202.20 of this Title is revoked as
					 provided by section
					 2202.20(h)(2) or
					 (3), such revocation order may also direct
					 the payment of back rent.
(b) The
					 district rent administrator, on his initiative or on application of a tenant,
					 may revoke or cancel an order granting a certificate of eviction (whether
					 issued by the State Rent Commission or under these regulations) at any time
					 prior to the execution of a warrant in a summary proceeding to recover
					 possession of real property by a court, whenever he finds that:
(1) the certificate of eviction was obtained
					 by fraud or illegality; or
(2) the
					 landlord's intentions or circumstances have so changed that the premises,
					 possession of which is sought, will not be used for the purpose specified in
					 the certificate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.1 - Persons who may file a petition for administrative review (PAR)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 aggrieved by these regulations, or by an order issued by a district rent
					 administrator, may file a PAR with the administrator in the manner provided in
					 these regulations.
(b) A joint PAR,
					 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
					 administrator, in his discretion, may treat such PAR as joint or
					 several.
(c) The administrator may,
					 in his discretion, consolidate two or more PAR's which have at least one ground
					 in common.