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 2500 - Scope › Section 2500.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Chapter, unless a different meaning
						clearly appears from the context, the following terms shall mean and
						include:
(a) Division. The State
					 Division of Housing and Community Renewal.
(b) County rent guidelines board. The board
					 created in each county pursuant to the Emergency Tenant Protection Act of 1974
					 to establish annually guidelines for rent adjustments under the act and this
					 Chapter.
(c) Housing accommodation.
					 Any building or structure, permanent or temporary, or any part thereof,
					 occupied or intended to be occupied by one or more individuals as a residence,
					 home, sleeping place, boarding house, lodging house or hotel, together with the
					 land and buildings appurtenant thereto, and all services, privileges,
					 furnishings, furniture and facilities supplied in connection with the
					 occupation thereof.
(d) Rent.
					 Consideration, charge, fee or other thing of value, including any bonus,
					 benefit or gratuity demanded or received for, or in connection with, the use or
					 occupancy of housing accommodations or the transfer of a lease for such housing
					 accommodations. Rent shall not include surcharges authorized pursuant to
					 section 2502.9 of this Title nor for the
					 purposes of any summary eviction proceeding such fees, charges or penalties,
					 however, any such excess payments even if denominated as fees, charges or
					 penalties may be considered a violation under Part 2505 or an overcharge under
					 Part 2506 of this Title.
(e) Legal
					 regulated rent. The rent charged on the base date set forth in subdivision (q)
					 of this section, plus any subsequent lawful increases and
					 adjustments.
(f) Person. An
					 individual, corporation, partnership, association, or any other organized group
					 of individuals or the legal successor or representative of any of the
					 foregoing.
(g) Owner. A landlord,
					 fee owner, lessor, sublessor, assignee, net lessee, or a proprietary lessee of
					 a housing accommodation in a structure or premises owned by a cooperative
					 corporation or condominium association, or an owner of a condominium unit or
					 the sponsor of such cooperative corporation or condominium association or
					 development, or any other person or entity receiving or entitled to receive
					 rent for the use or occupation of any housing accommodation, or an agent of any
					 of the foregoing, but such agent shall only commence a proceeding pursuant to
					 section 2504.4(b) and (c)
					 of this Title, in the name of such foregoing principals. Any separate entity
					 that is owned, in whole or in part, by an entity that is considered an owner
					 pursuant to this subdivision, and which provides only utility services shall
					 itself not be considered an owner pursuant to this Subchapter. Wherever the
					 term landlord is used hereinafter in this Subchapter, it shall be deemed to
					 mean owner. Except as is otherwise provided in sections
					 2502.3 and
					 2506.1(f) of this
					 Title, a court-appointed receiver shall be considered an owner pursuant to this
					 Subchapter.
(h) Tenant. A tenant,
					 subtenant, lessee, sublessee, or any other person entitled to the possession or
					 to the use or occupancy of any housing accommodation or entitled to occupy the
					 housing accommodation as a tenant pursuant to any other provision of these
					 regulations.
(i) Documents.
					 Records, books, accounts, correspondence, memoranda and other documents, and
					 copies, including microphotographic or electronically stored or transmitted
					 copies, of any of the foregoing.
(j) Municipality. A city, town or
					 village.
(k) Local legislative
					 body.
(1) In the case of a city, the council,
					 common council or board of aldermen, and the board of estimate, board of
					 estimate and apportionment or board of estimate and contract, if there be
					 one.
(2) In the case of a town, the
					 town board.
(3) In the case of a
					 village, the board of trustees.