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 2202.5 - Voluntary written agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The landlord and tenant in occupancy may voluntarily enter into a valid written
					 lease, on or after August 1, 1970, in good faith with respect to any housing
					 accommodation, which provides for an increase in the maximum rent on the basis
					 of specified increased services, furniture, furnishings or equipment having a
					 market value commensurate with the increased rent, which is not in excess of 15
					 percent of the maximum rent in effect on the date of execution of such lease,
					 and the lease is for a term of not less than two years. No increase pursuant to
					 this section shall be authorized with respect to a housing accommodation for
					 which an increase has been effected, pursuant to section
					 2201.3(c) of this
					 Title, on the basis of a vacancy of the housing accommodation until January 1,
					 1972, or one year after such increase has become effective as a result of such
					 vacancy, whichever date comes later. No increase shall be authorized unless a
					 report of lease is filed as required by subdivision (d) of this section, or
					 such report has been otherwise accepted by the administrator. Such lease or
					 such lease report:
(1) contains a
					 certification by the landlord that he is maintaining all essential services
					 furnished or required to be furnished as of the date determining the maximum
					 rent, and will continue to maintain such services so long as the increase in
					 maximum rent continues in effect;
(2) gives the landlord no right of
					 cancellation of said lease inconsistent with the provisions of these
					 regulations;
(3) does not provide
					 for the payment by the tenant of any rent in excess of the amount therein
					 provided, unless the maximum rent is thereafter increased:
(i) by order of the administrator pursuant to
					 section 2202.4(a) of this
					 Part; or
(ii) pursuant to
					 subdivision (b), (c), (d) or (e) of such section, where the improvement or
					 substantial rehabilitation of the building or housing accommodations therein
					 was either completed or in progress when such lease was executed; or
(iii) pursuant to a pending application for a
					 financial adjustment of the maximum rents for the subject building pursuant to
					 section 2201.3 of this Title, or section
					 2202.8,
					 2202.9, 2202.10 or
					 2202.11 of this Part; or
(iv) pursuant to a deferred financial
					 adjustment order which was not fully effective; and
(4) gives the tenant the right to cancel such
					 lease at any time after the expiration of the first two years thereof, by
					 giving the landlord at least 30 days' notice in writing, by registered or
					 certified mail of his intention to cancel such lease and surrender possession
					 of the housing accommodations.