reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.7 - Records and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as provided in subdivision (b) of this section, every owner subject to
					 this Code shall keep, preserve, and make available for examination, records
					 from the date immediately prior to the date the housing accommodation became
					 subject to the RSL, showing the individual housing accommodation services and
					 building-wide services provided or required to be provided on the applicable
					 base date.
(b) Except where a
					 specific provision of this Code requires the maintenance of rent records for a
					 longer period, or provides otherwise, including records of the useful life of
					 improvements made to any housing accommodation or any building, any owner who
					 has duly registered a housing accommodation pursuant to this Code shall not be
					 required to maintain or produce any records relating to rentals of such
					 accommodation more than six years prior to the most recent registration or
					 annual statement for such accommodation. However, an owner's election not to
					 maintain records shall not limit the authority of the division of housing and
					 community renewal and the courts to conduct a full examination of all available
					 records in order to determine legal regulated rents pursuant to this
					 subdivision.
(c)
(1) In the absence of collusion or any
					 relationship between a prior owner and an owner who purchases upon a judicial
					 sale, or such other sale effected in connection with, or to resolve, in whole
					 or in part, a bankruptcy proceeding, mortgage foreclosure action or other
					 judicial proceeding, such purchaser shall not be required to provide records
					 for the period prior to such sale, except where records sufficient to establish
					 the legal regulated rent are available to such purchaser. This subdivision
					 shall apply to an owner who purchases subsequent to such judicial or other
					 sale.
(2) Court-appointed
					 receivers. A receiver who is appointed by a court of competent jurisdiction to
					 receive rent for the use or occupation of a housing accommodation shall not, in
					 the absence of collusion or any relationship between such receiver and any
					 owner or other receiver, be required to provide records for the period prior to
					 such appointment, except where records sufficient to establish the legal
					 regulated rent are available to such receiver. This subdivision shall not be
					 construed to waive the purchaser's or receiver's obligation to register
					 pursuant to Part 2528 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.8 - Notice of change of ownership or address

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days after a change in
					 ownership, the new owner shall notify the DHCR of such change on a form
					 prescribed by the DHCR. Such form shall be signed by the new owner, listing the
					 address of the building or complex, the name, address and telephone number of
					 the new owner, and the date of the transfer of ownership. In addition to any
					 other address, the owner shall provide an actual, physical street address from
					 which it conducts business and where the owner or an agent is authorized to
					 accept service of documents, subpoenas or requests.
(b) Within thirty (30) days after a change in
					 the address of the managing agent, such managing agent, or, if there is no
					 managing agent, the owner of a building or group of buildings or development
					 shall give written notice to the DHCR and to all tenants of the new
					 address.
(c) In the absence of such
					 form, DHCR may serve all notices on the last registered owner or in any
					 proceeding where the owner has appeared, at such address given in the
					 proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2524 - Evictions › Section 2524.1 - Restrictions on removal of tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 As long as the tenant continues to pay the rent to which the owner is entitled,
					 no tenant shall be denied a renewal lease or be removed from any housing
					 accommodation by action to evict or to recover possession, by exclusion from
					 possession, or otherwise, nor shall any person attempt such removal or
					 exclusion from possession, except on one or more of the grounds specified in
					 this Code.
(b) It shall be unlawful
					 for any person to remove or attempt to remove any tenant from any housing
					 accommodation or to refuse to renew the lease or rental agreement for the use
					 of such housing accommodation, because such tenant has taken, or proposes to
					 take any action authorized or required by the RSL or this Code, or any order of
					 the DHCR.
(c) No tenant of any
					 housing accommodation shall be removed or evicted unless and until such removal
					 or eviction has been authorized by a court of competent jurisdiction on a
					 ground authorized in this Part or under the Real Property Actions and
					 Proceedings Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2524 - Evictions › Section 2524.2 - Termination notices

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 permitted in section
					 2524.3 or
					 2524.4 of Part, unless and until
					 the owner shall have given written notice to such tenant as hereinafter
					 provided.
(b) Every notice to a
					 tenant to vacate or surrender possession of a housing accommodation shall state
					 the ground under section
					 2524.3 or
					 2524.4 of this Part, upon which the
					 owner 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) Every such notice shall be served upon
					 the tenant:
(1) in the case of a notice based
					 upon section
					 2524.3(f) of this
					 Part, at least 15 days prior to the date specified therein for the surrender of
					 possession; or
(2) in the case of a
					 notice on any other ground pursuant to section
					 2524.3, at least seven calendar
					 days prior to the date specified therein for the surrender of possession, or in
					 the case of a notice pursuant to section
					 2524.4(c) of this
					 Part, at least 90 and not more than 150 days prior to the expiration of the
					 lease term; or
(3) in the case of a
					 notice pursuant to sections
					 2524.4(a) and
					 2524.5(a) of this
					 Part, at least 90 and not more than 150 days prior to the expiration of the
					 lease term, or in the case of a hotel permanent tenant without a lease, at
					 least 90 and not more than 150 days prior to the commencement of a court
					 proceeding; or
(4) in the case of a
					 notice pursuant to section
					 2524.4(b) of this
					 Part, at least 120 and not more than 150 days prior to the expiration of the
					 lease term, or within 120 days of the expiration of the tenant's lease term,
					 provided no summary proceeding can be commenced until the expiration of 120
					 days from the service of such notice, accompanied by a form prescribed by the
					 DHCR advising the tenant of the penalties set forth in section
					 2524.4(b) of this
					 Part for failure to use the housing accommodation for the charitable or
					 educational purposes for which recovery is sought.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2524 - Evictions › Section 2524.5 - Grounds for refusal to renew lease or discontinue hotel tenancy and evict which require approval of the DHCR

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The owner shall not be required to offer a renewal lease to a tenant or
					 continue a hotel tenancy, and shall file on the prescribed form an application
					 with the DHCR for authorization to commence an action or proceeding to recover
					 possession in a court of competent jurisdiction after the expiration of the
					 existing lease term, upon any one of the following grounds:
(1) Withdrawal from the rental market. The
					 owner has established to the satisfaction of the DHCR after a hearing, that he
					 or she seeks in good faith to withdraw any or all housing accommodations from
					 both the housing and nonhousing rental market without any intent to rent or
					 sell all or any part of the land or structure and:
(i) that he or she requires all or part of
					 the housing accommodations or the land for his or her own use in connection
					 with a business which he or she owns and operates; or
(ii) 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 governmental 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.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.1 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful, regardless of any contract, lease
						or other obligation heretofore or hereafter entered into, for any person to
						demand or receive any rent for any housing accommodation in excess of the legal
						regulated rent, or otherwise to do or omit to do any act, in violation of any
						regulation, order or requirement under the RSL or this Code, or to offer,
						solicit, attempt or agree to do any of the foregoing. In addition to the
						definition contained in section
						2520.6(c) of this
						Title, the term rent, as hereinbefore defined, shall also include the payment
						by a tenant of a fee or rental commission to an owner or to any person or real
						estate broker where such person or real estate broker is an agent or employee
						of the owner employed by the owner in connection with the operation or
						management of the building in which the housing accommodation is located, or
						where the owner or his or her employee refers the tenant to such person or such
						real estate broker employed by the owner in connection with the operation or
						management of the building, for the purpose of renting the housing
						accommodation, or where there is common ownership, directly or indirectly, or a
						financial interest between the owner and such person or real estate
						broker.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.2 - Evasion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The legal
					 regulated rents and other requirements provided in this Code shall not be
					 evaded, either directly or indirectly, in connection with the renting or
					 leasing or the transfer of a lease for housing accommodations by requiring the
					 tenant to pay, or obligate himself or herself 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.
(b)
(1)
					 Upon the receipt of rent in the form of cash or any instrument other than the
					 personal check of the tenant, it shall be the duty of the owner to provide the
					 tenant with a written receipt containing the following:
(i) the date;
(ii) the amount;
(iii) the identity of the premises and period
					 for which paid; and
(iv) the
					 signature and title of the person receiving the rent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.3 - Conditional rental

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No owner or
					 other person shall require a tenant or prospective tenant to purchase or lease,
					 or agree to purchase or lease, furniture or any other personal property, as a
					 condition of renting housing accommodations.
(b) No owner or other person shall require a
					 tenant, prospective tenant or a prospective permanent tenant to represent or
					 agree as a condition of renting a housing accommodation that the housing
					 accommodation shall not be used as the tenant's or prospective tenant's primary
					 residence, or the prospective permanent tenant's principal residence.
(c) No owner or other person shall require a
					 tenant or prospective tenant to sign a lease or other rental agreement in the
					 name of a corporation or for professional or commercial use as a condition of
					 renting a housing accommodation when the housing accommodation is to be used as
					 the primary residence of the prospective tenant for residential
					 purposes.
(d) No owner or other
					 person shall engage in any practice, including but not limited to illusory or
					 collusive rental practices which deprive a tenant in possession of his or her
					 rights under this Code.
(e) The
					 term other person as used in this section shall include an agent, or any other
					 employee of an owner, or any other entity, acting with or without the authority
					 of the owner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.4 - 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 owner, in addition to the
						authorized collection of rent, shall demand, receive or retain a security
						deposit or advance payment for or in connection with the use or occupancy of a
						housing accommodation which exceeds the rent for one month; provided, however,
						that where a greater security deposit was paid by the tenant in continuous
						occupancy since the date the housing accommodation became subject to the RSL,
						such deposit may continue in effect during the term of such lease and any
						renewals thereof with the same tenant. Such security deposit shall be subject
						to the following conditions:
(a) the
					 security deposit shall be deposited in an interest-bearing account in a banking
					 organization in New York State;
(b)
					 the person depositing such security money shall be entitled to receive, as
					 administrative expenses, a sum equivalent to one percent per annum upon the
					 security money so deposited;
(c) at
					 the tenant's option, the balance of the interest paid by the banking
					 organization shall be applied for the rental of the housing accommodation, or
					 held in trust until repaid, or annually paid to the tenant; and
(d) the owner otherwise complies with the
					 provisions 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 VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.5 - Harassment

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any owner or any person acting
						on his or her behalf, directly or indirectly, to engage in any course of
						conduct (including but not limited to interruption or discontinuance of
						required services, or illegal discontinuance of a current tenant's preferential
						rent, or unwarranted or baseless court proceedings, or filing of false
						documents with or making false statements to DHCR) which interferes with, or
						disturbs, or is intended to interfere with or disturb, the privacy, comfort,
						peace, repose or quiet enjoyment of the tenant in his or her use or occupancy
						of the housing accommodation, or is intended to cause the tenant to vacate such
						housing accommodation or waive or not exercise any right afforded under this
						Code including the right of continued occupancy and regulation under the RSC
						and RSL.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.6 - Subletting; assignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
					 accommodations subject to this Code rented by a tenant pursuant to an existing
					 lease may be sublet in accordance with the provisions, and subject to the
					 limitations, of section
					 226-b of
					 the Real Property Law, provided that the additional provisions of this section
					 are complied with and provided further that the tenant can establish that at
					 all times he or she has maintained the housing accommodation as his or her
					 primary residence and intends to occupy it as such at the expiration of the
					 sublease.
(b) The rental charged to
					 the subtenant by the tenant shall not exceed the legal regulated rent plus no
					 more than a 10-percent surcharge payable to the tenant if the housing
					 accommodation is sublet fully furnished. Where a tenant violates the provisions
					 of this subdivision, the subtenant shall be entitled to treble
					 damages.
(c) The tenant may not
					 sublet a housing accommodation for more than a total of two years, including
					 the term of the proposed sublease, out of the four-year period preceding the
					 termination date of the proposed sublease. The term of proposed sublease may,
					 if lawful under this section, extend beyond the term of the tenant's lease, and
					 an owner may not refuse consent to a sublease solely because it extends beyond
					 such term. A sublease which so extends shall be subject to the tenant's right
					 to a renewal lease.
(d) The tenant,
					 rather than the subtenant, retains:
(1) the
					 right to a renewal lease, whether or not the term of the sublease extends
					 beyond the term of the tenant's lease; and
(2) the rights and status of a tenant in
					 occupancy with respect to conversion to condominium or cooperative
					 ownership.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2525 - Prohibitions › Section 2525.7 - Occupancy by persons other than tenant of record or tenant's immediate family

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
					 accommodations subject to the RSL and this Code may be occupied in accordance
					 with the provisions and subject to the limitations of section
					 235-f of
					 the Real Property Law.
(b) The
					 rental amount that a tenant may charge a person in occupancy pursuant to
					 section
					 235-f of
					 the Real Property Law shall not exceed such occupant's proportionate share of
					 the legal regulated rent charged to and paid by the tenant for the subject
					 housing accommodation. For the purposes of this subdivision, an occupant's
					 proportionate share shall be determined by dividing the legal regulated rent by
					 the total number of tenants named on the lease and the total number of
					 occupants residing in the subject housing accommodation. However, the total
					 number of tenants named on the lease shall not include a tenant's spouse, and
					 the total number of occupants shall not include a tenant's family member or an
					 occupant's dependent child. Regardless of the number of occupants, tenants
					 named on the lease shall remain responsible for payment to the owner of the
					 entire legal regulated rent. The charging of a rental amount to an occupant
					 that exceeds that occupant's proportionate share shall be deemed to constitute
					 a violation of this Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2526 - Enforcement › Section 2526.2 - Orders to enforce the RSL and this Code

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon notice
					 and reasonable opportunity to be heard, the DHCR may issue orders it deems
					 appropriate to enforce the RSL and this Code.
(b) In addition to any other penalties
					 provided for in this Code, if the DHCR finds that any owner has knowingly
					 violated any provision of the RSL or this Code, it may assess a penalty of up
					 to $250 for each such violation against the owner.
(c) If the owner is found by the DHCR:
(1) to have violated an order of the DHCR,
					 the DHCR may impose, by administrative order after holding a hearing, a civil
					 penalty at minimum in the amount of one thousand but not to exceed two thousand
					 dollars for the first such offense, and at a minimum in the amount of two
					 thousand but not to exceed three thousand dollars for each subsequent offense;
					 or
(2) to have harassed a tenant to
					 obtain a vacancy of a housing accommodation, the DHCR may impose, by
					 administrative order after holding a hearing, a civil penalty which shall be at
					 a minimum in the amount of two thousand but not to exceed three thousand
					 dollars for the first such offense, and at minimum in the amount of ten
					 thousand but not to exceed eleven thousand dollars for each subsequent offense
					 or for a violation consisting of conduct directed at the tenants of more than
					 one housing accommodation. Such order shall be deemed a final determination for
					 the purposes of judicial review pursuant to Part 2530 of this Title. Such
					 penalty may, upon the expiration of the period for seeking review pursuant to
					 article 78 of the Civil Practice Law and Rules, be docketed and enforced in the
					 manner of a judgment of the Supreme Court; or
(3) not have utilized a housing accommodation
					 for the purpose intended under section
					 2524.4(b)(2) of
					 this Title, the DHCR shall impose, by administrative order after hearing, a
					 penalty in the amount of up to $ 1,000 for each such offense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2526 - Enforcement › Section 2526.3 - Injunctions by Supreme Court

Current through Register Vol. 46, No. 28, July 10, 2024
The DHCR may commence proceedings in the Supreme Court to
						enjoin violations of the RSL, this Code, or orders issued pursuant thereto. In
						any such proceedings, the DHCR shall not be required to post
						bond.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2526 - Enforcement › Section 2526.4 - Oaths, subpoenas, hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
The DHCR may administer oaths, issue subpoenas, conduct
						investigations, make inspections and designate officers to hear and
						report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2526 - Enforcement › Section 2526.5 - Confidentiality of information

Current through Register Vol. 46, No. 28, July 10, 2024
The DHCR shall safeguard the confidentiality of
						information furnished to it at the request of the person furnishing such
						information, unless such information must be made public or available to a
						governmental agency in the interest of establishing a record for the future
						guidance of persons subject to the RSL.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2526 - Enforcement › Section 2526.6 - Inspection and records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An owner
					 shall, as the DHCR 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 housing accommodations.
(b) An owner shall, as the DHCR 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 VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2526 - Enforcement › Section 2526.7 - Determination of legal regulated rents; penalties; fines; assessment of costs; attorney's fees; rent credits; where the proceeding is commenced on or after June 14, 2019

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Base Date: For the purposes of this
					 section, the Base Date shall be the date of the most recent reliable annual
					 rent registration statement, filed and served upon a tenant six or more years
					 prior to the filing of a complaint of overcharge or the initiation of a
					 proceeding to determine the legal regulated rent of an apartment. Any
					 registration statement filed contemporaneously with a certification of service
					 shall be presumed to have been served upon the tenant in occupancy. In no event
					 shall the base date be prior to June 14, 2015.
Absent an exception set forth in section
						2526.1 of this Part, if no base
						date can be determined subsequent to June 14, 2015, the base date shall be June
						14, 2015.
(2) Reliable rent
					 registration statement: A rent registration shall be considered to be reliable
					 if, prior to the filing of such registration statement, and subsequent to June
					 14, 2015, the rent history contains no unexplained increases in the
					 rent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.1 - Proceedings instituted by owner or tenant

Current through Register Vol. 46, No. 28, July 10, 2024
A proceeding is instituted by an owner or a tenant with
						the filing of an application or complaint for adjustment of rent, or for other
						relief provided by the RSL or this Code. Such application or complaint shall be
						verified or affirmed by the applicant or complainant and filed upon the
						appropriate form prescribed by the DHCR.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.2 - Proceedings instituted by the DHCR

Current through Register Vol. 46, No. 28, July 10, 2024
The DHCR may institute, reclassify, or convert a
						proceeding on its own initiative whenever the DHCR deem sit necessary or
						appropriate pursuant to the RSL or this Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.3 - Notice to the parties affected

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Except as provided in paragraph (2) of
					 this subdivision, where the application or complaint or any answer or reply
					 thereto is made by an owner or tenant, the DHCR shall serve all parties
					 adversely affected thereby with a copy of such application, complaint, answer
					 or reply.
(2) Where an application
					 is filed, pursuant to section
					 2522.4(b) of this
					 Title, to increase the legal regulated rent, the DHCR shall notify all parties
					 adversely affected thereby that such application has been filed, and shall
					 afford such parties the opportunity to submit written responses thereto.
					 Tenants shall have sixty (60) days from the date of the mailing of notice of
					 the proceeding to answer or reply. The owner 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 DHCR for tenant examination upon
					 request. Tenants' written responses shall beconsidered by the DHCR 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 VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
Except where otherwise provided for in this Code, a
						person who has been served with a notice of a proceeding accompanied by an
						application or complaint shall have no less than 20 days from the date of
						mailing in which to answer or reply, except that in exceptional circumstances,
						the DHCR may require a shorter period. Every answer or reply shall be verified
						or affirmed, and an original and one copy shall be filed with the
						DHCR.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.5 - Preliminary action by the DHCR

Current through Register Vol. 46, No. 28, July 10, 2024
At any stage of a proceeding the DHCR may:
(a) reject the application or complaint if it
					 is insufficient or defective;
(b)
					 make investigations of the facts, conduct inspections, hold conferences, and
					 require the filing of reports, evidence, affidavits, or other material relevant
					 to the proceeding;
(c) forward to
					 or make available for inspection by either party any relevant evidence, and
					 afford an opportunity to file a rebuttal thereto;
(d) for good cause shown, except where
					 prohibited by the RSL, accept for filing any papers, even though not filed
					 within the time required by this Code;
(e) require any person to appear or produce
					 documents or both pursuant to subpoena issued by the DHCR;
(f) consolidate two or more applications,
					 complaints, or proceedings which have at least one ground in common;
(g) forward to any party a notice of action
					 proposed to be taken;
(h) grant or
					 order a hearing;
(i) on its own
					 initiative or upon application of any affected owner or tenant, consolidate
					 proceedings applicable to the same building or group of buildings or
					 development, notwithstanding that the housing accommodations affected may be
					 subject to different regulations; in any such consolidated proceedings the
					 determination with respect to any housing accommodation shall be made in
					 accordance with the appropriate law or regulation applicable to such
					 accommodations. Proceedings once consolidated may be severed for good cause
					 shown;
(j) on its own initiative,
					 or at the request of a court of competent jurisdiction, or for good cause shown
					 upon application of any affected party, expedite the processing of a
					 matter;
(k) sever issues within a
					 proceeding for purposes of issuing an Order and Determination with respect to
					 certain issues while reserving other issues for subsequent
					 determination;
(l) stay proceedings
					 upon such terms as may be appropriate; or
(m) permit a tenant to withdraw a
					 complaint.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.6 - Determination

Current through Register Vol. 46, No. 28, July 10, 2024
The DHCR, on such terms and conditions as it shall
						determine, may:
(a) dismiss the
					 application or complaint if it fails to substantially comply with the
					 provisions of the RSL or this Code;
(b) grant or deny the application or
					 complaint in whole or in part;
(c)
					 issue an appropriate order in a proceeding instituted on DHCR's own
					 initiative;
(d) issue conditional
					 or provisional orders as may be deemed appropriate under the circumstances. A
					 copy of any order issued shall be forwarded to all parties to the proceeding by
					 the DHCR as the DHCR directs.
Any provision of this Code to the contrary
						notwithstanding, no order shall be deemed final and binding for purposes of
						judicial review except in accordance with Part 2529 of this
						Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.7 - Pending proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided herein or by the RSL, unless
						undue hardship or prejudice results therefrom, this Code shall apply to any
						proceeding pending before the DHCR, which proceeding commenced on or after
						April 1, 1984, or where a provision of this Code is amended, or an applicable
						statute is enacted or amended during the pendency of a proceeding, the
						determination shall be made in accordance with the changed
						provision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.8 - Modification or revocation of orders

Current through Register Vol. 46, No. 28, July 10, 2024
The DHCR, on application of either party, or on its own
						initiative, and upon notice to all parties affected, may issue a superseding
						order modifying or revoking any order issued by it under this or any previous
						Code where the DHCR finds that such order was the result of illegality,
						irregularity in vital matters or fraud.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.9 - When a notice or paper shall be deemed served

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices, orders, answers and other papers
					 may be served personally, by mail, or electronically, as provided in an
					 operational bulletin issued pursuant to section
					 2527.11 of this Title. Except as
					 otherwise provided by section
					 2529.2 of this Title, when service,
					 other than by the DHCR, is made personally or by mail, a contemporaneous
					 affidavit providing dispositive facts by the person making the service or
					 mailing shall constitute sufficient proof of service. When service is by
					 registered or certified mail, the stamped post-office receipt shall constitute
					 sufficient proof of service. Once sufficient proof of service has been
					 submitted to the DHCR, the burden of proving non receipt shall be on the party
					 denying receipt.
(b) Where a notice
					 of appearance has been filed by an attorney, in accordance with section
					 2523.6 of this Title, service on
					 the attorney shall be deemed proper service as if made on the party or parties
					 represented.
(c) Unless otherwise
					 expressly provided in this Part, no additional time is required for service by
					 mail of any notice, order, answer, lease offer or other papers, beyond the time
					 period set forth in this Part and such time period provided is inclusive of the
					 time for mailing.
(d) Unless
					 otherwise expressly provided in this Part, no additional time is required to
					 respond or to take any action when served by mail with any notice, order,
					 answer, lease offer, or other papers, beyond the time period set forth in this
					 Part and the time to respond is commenced upon mailing of said notice, order,
					 answer, lease offer or other paper.
(e) DHCR may establish such other procedures
					 for service and filing via electronic or online methods via operational
					 bulletin.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.10 - Amendments to complaint or application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Right to amend. The DHCR may authorize an
					 amendment to a complaint or application at any time on good cause shown, except
					 that an applicant or complainant shall have the right to amend the application
					 or complaint in writing prior to the time within which an answer may be
					 filed.
(b) Service. Any amendment
					 to an application or complaint shall be served upon all affected parties in the
					 same manner as the original application or complaint.
(c) Amended answer or reply. When an
					 application or complaint is amended after an answer has been filed, all
					 affected parties may file an amended answer or reply within the time provided
					 for the answer or reply.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2527 - Proceedings Before The Dhcr › Section 2527.11 - Advisory opinions and Operational Bulletins

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The DHCR may render advisory opinions as
					 to the DHCR's interpretation of the RSL, this Code or procedures, on the DHCR's
					 own initiative or at the request of a party.
(b) In addition to the advisory opinion
					 issued under subdivision (a) of this section, the DHCR may take such other
					 required and appropriate action as it deems necessary for the timely
					 implementation of the RSL and this Code, and for the preservation of regulated
					 rental housing in accordance with section
					 2520.3 of this Title. Such other
					 action may include the issuance and updating of schedules, forms, instructions,
					 and the official interpretative opinions and explanatory statements of general
					 policy of the commissioner, including operational bulletins, with respect to
					 the RSL and this Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2528 - Registration Of Housing Accommodations › Section 2528.1 - Initial registration

Current through Register Vol. 46, No. 28, July 10, 2024
Each housing accommodation subject to the RSL on April 1,
						1984, or thereafter, and not exempted from registration by the DHCR, shall be
						registered by the owner thereof with the DHCR within 90 days after such
						date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2528 - Registration Of Housing Accommodations › Section 2528.2 - Initial registration requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The initial registration shall be made on
					 forms prescribed or approved by the DHCR, and shall include:
(1) the address of the building or group of
					 buildings or development in which such housing accommodation is located and the
					 name of the tenant residing therein;
(2) the number of housing accommodations in
					 the building or group of buildings or development;
(3) the number of housing accommodations in
					 the building or group of buildings or development subject to the RSL and the
					 number of such housing accommodations subject to the City Rent Law;
(4) the rent charged on April 1, 1984, or the
					 rent charged on the date the housing accommodation became subject to the
					 requirements of this Part, and any changes in such rent between such date and
					 the date of registration;
(5) the
					 number of rooms in such housing accommodation; and
(6) all services provided for in the last
					 lease or rental agreement, provided or required to be provided on the
					 applicable base date, or thereafter.
(7) an actual, physical street address from
					 which it conducts business and where the owner or an agent is authorized to
					 accept service of documents, subpoenas or requests.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2528 - Registration Of Housing Accommodations › Section 2528.3 - Annual registration requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In such manner and at such time as shall be determined by
						the DHCR pursuant to section
						2527.11 of this Title:
(a) An annual registration shall be filed
					 containing the current rent for each housing accommodation not otherwise
					 exempt, a certification of services, and such other information as may be
					 required by the DHCR, pursuant to the RSL, RSC or section
					 2527.11 of this Title.
(b) Upon filing an annual registration, the
					 owner shall provide each tenant then in occupancy with a copy of that portion
					 of such annual registration applicable to the tenant's housing
					 accommodation.
(c) An owner seeking
					 to file an amended registration statement for other than the present
					 registration year must file an application pursuant to section
					 2522.6(b) and Part
					 2527 of this Title as applicable to establish the propriety of such amendment
					 unless the amendment has already been directed by DHCR or is directed by
					 another governmental agency that supervises such housing
					 accommodation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2528 - Registration Of Housing Accommodations › Section 2528.4 - Penalty for failure to register

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The failure to properly and timely comply with the rent registration
					 requirements of this Part shall, until such time as such registration is
					 completed, bar an owner from applying for or collecting any rent in excess of:
					 the base date rent, plus any lawful adjustments allowable prior to the failure
					 to register. Such a bar includes but is not limited to rent adjustments
					 pursuant to section
					 2522.8 of this Title. The late
					 filing of a registration shall result in the elimination, prospectively, of
					 such penalty, and for proceedings commenced on or after July 1, 1991, provided
					 that increases in the legal regulated rent were lawful except for the failure
					 to file a timely registration, an owner, upon the service and filing of a late
					 registration, shall not be found to have collected a rent in excess of the
					 legal regulated rent at any time prior to the filing of the late
					 registration.
(b) The failure to
					 pay any administrative fees imposed by the RSL shall constitute a charge due
					 and owing the City of New York, and no penalty for such failure to pay shall be
					 imposed pursuant to this code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2528 - Registration Of Housing Accommodations › Section 2528.5 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Registration information filed with the DHCR pursuant to
						this Part shall not be subject to the Freedom of Information Law, provided that
						such information relative to a tenant, owner, lessor or subtenant shall be made
						available to such party or his or her authorized
						representative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.1 - Persons who may file

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A petition for
					 administrative review (PAR) of an order issued by a rent administrator may be
					 filed by a party to the proceeding, or other necessary party, in the manner
					 provided in this Part, where such petition alleges the errors upon which such
					 order is based.
(b)
(1) A joint PAR, verified or affirmed by each
					 person joining therein, may be filed by two or more owners or tenants, where at
					 least one ground is common to all persons so filing. The commissioner, in his
					 discretion, may treat such PAR as joint or several.
(2) A PAR may also be filed by a
					 representative of a party, including an attorney at law, provided that said
					 representative duly verifies or affirms the PAR and provided that such
					 representative includes, at the time of the filing of the PAR, written evidence
					 of authorization to act in such representative capacity for the purpose of
					 filing the PAR.