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 B - Rent And Eviction Regulations › Part 2104 - Evictions › Section 2104.7 - Subdivision by alteration or remodeling

Current through Register Vol. 46, No. 28, July 10, 2024
A certificate or an order authorizing subdivision shall
						be issued where the landlord seeks in good faith to recover possession of
						housing accommodations for the immediate purpose of substantially altering or
						remodeling them, provided that the landlord shall have secured such approval
						therefor as is required by law. No certificate or order authorizing subdivision
						involving alteration or remodeling shall be granted under this section unless
						the administrator shall find:
(a) That
					 such alteration or remodeling is for the purpose of subdividing an
					 under-occupied housing accommodation containing six or more rooms, exclusive of
					 bathrooms and kitchen, into a greater number of housing accommodations
					 consisting of self-contained family units which meet the requirements of
					 section 2100.11 of this Title. An apartment
					 may be deemed under-occupied when there is less than one occupant for each
					 room, exclusive of bathrooms, kitchen and three additional rooms. Roomers or
					 boarders who are not members of the tenant's family shall not be counted as
					 occupants.
(b) Upon approval of
					 plans by the local authorities having jurisdiction thereof, where such approval
					 is required, and before proceeding with such alteration or remodeling,
					 application shall be made to the administrator for an order directing the
					 tenant occupying such housing accommodation to remain in possession of an
					 adequate portion thereof, as determined by the administrator, and to surrender
					 possession of the remainder of said housing accommodation, within a time to be
					 fixed by the administrator. Where it is not practicable for the tenant to
					 remain in possession of a portion of the housing accommodation, the
					 administrator may require the landlord to furnish suitable temporary housing
					 accommodations to the tenant during the alteration. The order so granted shall
					 be conditioned on the right of such tenant to first occupancy of any housing
					 accommodation resulting from such alteration or remodeling of such subdivided
					 housing accommodation.
(c) Where
					 the tenant cannot be adequately housed in any portion of the subdivided housing
					 accommodation, the landlord may secure a certificate or an order authorizing
					 subdivision where he shows that he is willing and able to relocate the tenant
					 in other suitable housing accommodations within the same city, village or town
					 not unreasonably distant from the premises being altered, and available at a
					 rent not greater than the rent now being paid by such tenant.
(d) The administrator shall establish the
					 terms and conditions under which such alteration or remodeling may be made and
					 shall establish the maximum rent to be paid by the tenant occupying such
					 suitable portion of such housing accommodation during the alteration, and shall
					 establish the maximum rent to be paid by such tenant for the first occupancy of
					 any housing accommodation selected by him in such subdivided housing
					 accommodation after it has been altered or remodeled. The administrator shall,
					 pursuant to section
					 2102.6(a) of this
					 Title, establish the maximum rent on the basis of the maximum rents for
					 comparable housing accommodations after taking into consideration all other
					 factors bearing on the equities involved. The landlord shall file an
					 application under section
					 2100.11 of this Title for an order
					 of decontrol; provided, however, that such order of decontrol shall not apply
					 to that portion of the original housing accommodations occupied by a tenant in
					 possession at the time of the conversion but only so long as such tenant
					 continues in occupancy.
(e) Where
					 the housing accommodation to be subdivided had a maximum monthly rent of $200
					 or more as of March 1, 1943, or the date of first renting thereafter, there
					 shall be no requirement that the tenant be relocated or given occupancy of any
					 of the housing accommodations created by the alteration or
					 subdivision.
(f) In the case of
					 housing accommodations in a structure or premises owned by a cooperative
					 corporation or association where the landlord is the individual owner of stock
					 allocated to a housing accommodation, no certificate or order shall be granted
					 under this section unless the administrator shall also find that the landlord
					 has met the requirements of section
					 2104.5(c) of this
					 Part.
(g) The order in all such
					 cases shall grant the landlord permission to recover possession of the housing
					 accommodations without further application should the tenant fail to abide by
					 the order of subdivision issued by the administrator.