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 2202 - Adjustments; Determination Of Rents And Services › Section 2202.22 - Orders where maximum rent or other facts are in dispute, in doubt or not known, or where maximum rents must be fixed or established

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the maximum rent or any fact
					 necessary to the determination of the maximum rent, or the dwelling space,
					 essential services, furniture, furnishings or equipment required to be
					 furnished with the accommodation, is in dispute between the landlord and
					 tenant, or is in doubt, or is not known, or is required by section
					 2201.1(d) or (e)
					 of this Title to be fixed or established, the administrator at any time, upon
					 written request of either party or on his own initiative, may issue an order
					 determining the facts, including the amount of the maximum rent, the dwelling
					 space, essential services, furniture, furnishings and equipment required to be
					 furnished with the accommodations. Where the administrator determines that the
					 accommodations are subject to control, he shall also fix or establish the
					 maximum rent therefor, together with the dwelling space, essential services,
					 furniture, furnishings and equipment required to be furnished with the
					 accommodations, unless such maximum rent had been previously fixed or
					 established by the State Rent Commission or by the administrator.
(b) Where:
(1) no registration statement has been filed
					 under the Federal Act, or the State Rent Act, or the City Rent Law, as required
					 by these regulations; or
(2) no
					 proper or timely registration statement has been filed as required by these
					 regulations; or
(3) no statement
					 has been filed as required by section
					 2203.9 of this Title; or
(4) no proper or timely statement has been
					 filed as required by said section; or
(5) the administrator in a proceeding
					 pursuant to subdivision (a) of this section is unable to otherwise determine
					 the maximum rent; or
(6) the
					 maximum rent must be fixed or established by the administrator;
he may issue an order fixing or establishing the maximum
						rent, having regard for the maximum rents for comparable housing accommodations
						or any other factors bearing on the equities involved, consistent with the
						purpose of the Rent Law, including but not limited to the factor that such
						housing accommodations were created from housing accommodations which were
						vacated, on or after November 22, 1963, other than by voluntary surrender of
						possession or in the manner provided by Part 2204 of this Title. Where the
						housing accommodations were created from such accommodations, the administrator
						may give due consideration to the limitation on the amount of the rent
						adjustment which may be ordered, pursuant to the provisions of section
						2202.3(a)(1) of
						this Part, in considering the equities involved. Such order shall fix or
						establish the maximum rent as of May 1, 1950, or the date of first renting,
						whichever is later, and may contain a directive that all rent collected in
						excess of the maximum rent fixed or established under this subdivision during
						the period beginning no earlier than two years prior to the date of the filing
						of the tenant's statement of violations, if any, or the date of the
						commencement of the proceeding to fix or establish the maximum rent, whichever
						date is earlier, shall be refunded to the tenant, together with six percent
						interest from the date of each such excessive payment of rent, within 30 days
						after such order shall become final.