reglab/statecodes huggingface dataset:
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 2201 - Maximum Rents › Section 2201.5 - Biennial adjustment of maximum rents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective January 1, 1974 and biennially
					 thereafter, the administrator shall adjust the maximum rent for each housing
					 accommodation subject to these regulations to reflect the changes, if any, in
					 the components of the maximum gross building rental defined in section
					 2201.4(b) of this
					 Part. Such adjustment shall be made whether or not the property, or any housing
					 accommodation therein, received or was eligible for maximum base rents under
					 section 2201.4 of this Part.
(b) On or after January 1, 1974, the
					 administrator may require landlords of properties containing housing
					 accommodations subject to control under these regulations to report the actual
					 operating and maintenance expenses for such properties, in such form and manner
					 as he may prescribe, and may adjust the allowance for operating and maintenance
					 expenses in accordance with such data. In addition, the administrator may
					 provide for an alternative standard operating and maintenance expense allowance
					 based upon cumulative objective data.
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 2201 - Maximum Rents › Section 2201.6 - Collectibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) No new maximum rent established pursuant
					 to section 2201.4 of this Part, or adjustment
					 pursuant to section
					 2201.5,
					 2202.7,
					 2202.8, 2202.9 or
					 2202.10 of this Title, or any
					 combination thereof, shall increase the rent collectible from a tenant in
					 occupancy by more than 7 1/2 percent in any one calendar year, except as
					 provided in section
					 2202.7 of this Title.
(2) The base for computation of the
					 limitation provided in paragraph (1) of this subdivision shall be:
(i) as of January 1, 1972, the maximum rent
					 on December 31, 1971 (including any conditional increases then in effect), less
					 the amount of any rent exemption under section
					 2202.20 of this Title in effect on
					 December 31, 1971; and
(ii) after
					 January 1, 1972, the maximum rent collectible pursuant to this
					 section.
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 2202.1 - Maximum rents

Current through Register Vol. 46, No. 28, July 10, 2024
Maximum rents may be increased or decreased only by order
						of the administrator, or as otherwise provided by law.
(a) Where a maximum rent established pursuant
					 to this chapter on or after January first, two-thousand twenty, is higher than
					 the previously existing maximum rent, the landlord may not collect an increase
					 from a tenant in occupancy in any one year period of more than the lesser of
					 either seven and one-half percentum or an average of the previous five years of
					 one-year rent adjustments on rent stabilized apartments as established by the
					 rent guidelines board, pursuant to Rent Stabilization Law Section 26-510(b) .
					 If the period for which the rent is established exceeds one year, regardless of
					 how the collection thereof is averaged over such period, the rent the landlord
					 shall be entitled to receive during the first twelve months shall not be
					 increased by more than the lesser of either seven and one-half percentum or an
					 average of the previous five years of one-year rent adjustments on rent
					 stabilized apartments as established by the rent guidelines board, pursuant to
					 Rent Stabilization Law Section 26-510(b), over the previous rent. Any
					 additional annual rents shall not exceed the lesser of either seven and
					 one-half percentum or an average of the previous five years of one-year rent
					 adjustments on rent stabilized apartments as established by the rent guidelines
					 board, pursuant to Rent Stabilization Law Section 26-510(b), of the rent paid
					 during the previous year.
(b) No
					 annual rent increase authorized pursuant to this act shall exceed the average
					 of the previous five annual rental adjustments authorized by a rent guidelines
					 board for a rent stabilized unit pursuant to Rent Stabilization Law Section
					 26-510(b).
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 2202.2 - Effective date of orders adjusting rents

Current through Register Vol. 46, No. 28, July 10, 2024
No order increasing or decreasing a maximum rent
						previously established pursuant to these regulations shall be collectible until
						the first day of the first month beginning sixty (60) days from the date of
						mailing of notice of approval to the tenant except as hereinafter provided. If
						an application for an increase pursuant to section
						2202.8 of this Part is submitted on
						or after August 1, 1970 and is accompanied by a certified statement of
						expenditures with all required documentation, and no order is issued thereon
						within four months of the date of filing of an application based on assessed
						valuation (or on equalized assessed valuation on or after January 1, 1972), or
						eight months of the date of filing of an application based upon sales price,
						the increased rent requested shall be collectible by the landlord and shall be
						placed in an interest- bearing escrow account with a banking organization until
						the final determination of such application. The order of the district rent
						administrator shall be made effective as of the date on which the landlord is
						entitled to collect such requested rent increase for any housing accommodation
						in the building, pursuant to the permission granted by this section, and,
						notwithstanding any other provision of these regulations, shall be in
						accordance with the regulations in effect on such date. Where such order grants
						a rent increase which is less than the rent collected by the landlord as herein
						permitted, or denies the application, the excess rent collected shall be
						refunded to the tenants entitled thereto within 30 days from the date such
						order shall become final, together with interest from the date of each
						excessive payment of rent at the prevailing rate of interest paid by the
						banking organization in which such deposit is made. Any person serving as
						escrow agent shall not be liable except for fraud or
						misfeasance.
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 2202.3 - Grounds for increase of maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 This section and sections 2202.4 to
					 2202.12, inclusive, of this Part
					 set forth specific standards for the increase of a maximum rent. In applying
					 these standards and issuing an order adjusting a maximum rent, the
					 administrator shall take into consideration all factors bearing on the equities
					 involved, subject to the general limitation that the adjustment can be put into
					 effect without dislocation and hardship inconsistent with the purposes of the
					 Rent Law. On or after November 22, 1963, where any housing accommodations were
					 vacated other than by voluntary surrender of possession or in the manner
					 provided by Part 2204 of this Title, the administrator may, after having due
					 regard to the equities involved, bar adjustments of maximum rents for any and
					 all accommodations in such structure, pursuant to section
					 2202.4(b) and (c)
					 of this Part, except for work which:
(i) is
					 necessary in order to remove violations against the property;
(ii) is necessary to obtain a certificate of
					 occupancy, if such certificate is required by law; or
(iii) could have been performed with a tenant
					 in physical possession of the housing accommodation at the time that the work
					 was performed.
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 2202.6 - Increase in subtenants or occupants

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may grant an appropriate adjustment of
						a maximum rent where he finds that there has been, since March 1, 1959, a
						subletting without written consent from the landlord or an increase in the
						number of adult occupants who are not members of the immediate family of the
						tenant, and the landlord has not been compensated therefor by adjustment of the
						maximum rent by lease, or by order of the administrator, or pursuant to the
						State Rent Act or the Federal Act. Such adjustment shall be effective only
						during the period of subletting or increase in the number of
						tenants.
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 2202.7 - Unique or peculiar circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may grant an appropriate adjustment of
						a maximum rent where he finds that the presence of unique or peculiar
						circumstances materially affecting the maximum rent has resulted in a maximum
						rent which is substantially lower than rents generally prevailing in the same
						area for substantially similar housing accommodations; provided that the
						adjustment shall not result in a maximum rent higher than the rents generally
						prevalent in the same area of substantially similar housing
						accommodations.
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 2202.8 - Return on capital value

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 landlord may file an application for an increase in maximum rents on the ground
					 that the current maximum gross building rental established pursuant to section
					 2201.4 or 2201.5 of this Title does not equal
					 the sum of:
(1) the real estate taxes, water
					 charges and sewer rents on the property;
(2) the operating and maintenance expenses of
					 the property;
(3) an allowance for
					 the vacancy and collection losses on the property; and
(4) a return of 81/2 percent on capital value
					 which, except as provided in subdivisions (b) and (c) of this section, shall be
					 the equalized assessed value obtained by multiplying the current assessed value
					 of the property by the current equalization ratio established by the New York
					 State Board of Equalization and Assessment pursuant to article 12-A of the Real
					 Property Tax Law.
Increases or decreases in real estate taxes, water
						charges, sewer rents, and wages currently in effect may be projected in making
						such computation.
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 2202.9 - Unavoidable increases in operating costs in small structures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A landlord may
					 file an application for an adjustment of maximum rents on the ground that he
					 owns a building containing no more than 19 housing accommodations (whether or
					 not subject to control) and has incurred unavoidable increases in property
					 taxes, fuel, utilities, insurance, and repairs and maintenance, excluding
					 mortgage interest and amortization, and excluding allowances for depreciation,
					 obsolescence and reserves, which have occurred since the Federal date
					 determining the maximum rent. If, as determined by the administrator, the
					 landlord has not been fully compensated by increases in rental income
					 sufficient to offset such increases in operating costs, the administrator shall
					 grant an adjustment of the maximum rents.
(b) Where the administrator finds, in
					 considering the application under this section, that a present tenant is paying
					 a rent less than the maximum rent, the administrator, upon request of the
					 landlord, may reduce the maximum rent of the housing accommodation to the
					 amount actually being paid, or to the highest maximum rent for comparable
					 controlled housing accommodations in the structure, whichever is
					 higher.
(c) A further application
					 may not be filed under this section sooner than one year from the date of
					 filing of the last prior application for an increase with respect to such
					 property under this section, where such prior application resulted in the
					 granting of an increase.
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 2202.10 - Unavoidable increases in operating costs in other specified structures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A landlord may
					 file an application for an increase in maximum rents on the ground that he
					 operates a hotel or rooming house, or owns a cooperative apartment, and has
					 incurred unavoidable increases in property taxes and other costs, including
					 costs of operation of such hotel or rooming house, but excluding mortgage
					 interest and amortization and excluding allowances for obsolescence and
					 reserves and building depreciation, which have occurred since the Federal date
					 determining the maximum rent or the date the landlord commenced the operation
					 of the property, whichever is later. If, as determined by the administrator,
					 the landlord has not been fully compensated by increases in rental income from
					 the controlled housing accommodations sufficient to offset such increases in
					 operating costs as are allowable to such controlled housing accommodations, the
					 administrator shall grant an adjustment of the maximum rents.
(b) Where the administrator finds, in
					 considering an application under this section, that a present tenant is paying
					 a rent less than the maximum rent, the administrator, upon request of the
					 landlord, may reduce the maximum rent of the housing accommodation to the
					 amount actually being paid, or to the highest maximum rent for comparable
					 controlled housing accommodations in the structure, whichever is
					 higher.
(c) A further application
					 may not be filed under this section sooner than one year from the date of
					 filing of the last prior application for an increase with respect to such
					 property under this section, or under the provisions of section
					 4
					 (4)(a)(3) of the State Rent Act, where such
					 prior application resulted in the granting of an increase.
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 2202.11 - Labor costs in excess of maximum base rent allowance

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may make an appropriate adjustment of a
						maximum rent where he finds that the actual labor expenses incurred or to be
						incurred (pursuant to a collective agreement or other obligation actually
						entered into by the landlord) exceed the provision for payroll expenses in the
						currently applicable operating and maintenance expense allowance under section
						2201.4 or 2201.5 of this Title. No adjustment
						pursuant to this section may be made within one year from the most recent
						adjustment in maximum rent pursuant to this section or section
						2202.8 of this
						Part.
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 2202.12 - Rehabilitation or improvement under government-financed program or other approved program

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may grant an appropriate adjustment
						where he finds that there has been a rehabilitation or improvement of
						substandard or deteriorated housing accommodations which has been financed
						under a governmental program providing assistance through loans, loan insurance
						or tax abatement, or which has been undertaken under any other rehabilitation
						program not so financed but approved by the administrator.
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 2202.13 - Fuel cost adjustments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As of
					 June 14, 2019, fuel pass-along to tenants under rent control is prohibited.
					 Notwithstanding any other provision of law, rule, regulation, charter or
					 administrative code, tenants of housing accommodations which are subject to
					 rent control under this chapter shall not be subject to a fuel adjustment or
					 pass-along increase in rent and any such increase to such tenant shall be null
					 and void.
(b) The basis for the
					 1980 rent increases shall be as follows:
(1)
					 The heating fuel price increase for the period April 9, 1979 through December
					 31, 1979 for the particular type of fuel used by the landlord in the building,
					 multiplied by 75 percent of the lesser of:
(i) the amount of heating fuel actually
					 delivered for the building between January 1 and December 31, 1979, divided by
					 the number of rooms in the building to determine the annual fuel consumed per
					 room; or
(ii) the annual maximum
					 fuel consumption standard per room for such particular type of fuel, as
					 promulgated by the city in 1980.
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 2202.14 - Grounds for decrease of maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator at any time, on his own initiative or
						on application of the tenant, may order a decrease of the maximum rent
						otherwise allowable, on the grounds stated in sections 2202.15 through
						2202.18 of this
						Part.
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 2202.15 - Decrease of first rents

Current through Register Vol. 46, No. 28, July 10, 2024
Where a maximum rent has been established for a housing
						accommodation:
(a) pursuant to section
					 4 (3)
					 of the State Rent Act, and a proper and timely registration statement had been
					 filed as had been required by the Federal Act or by the State Rent Commission;
					 or
(b) pursuant to section
					 2201.1(b) or (c)
					 of this Title, and a proper and timely registration statement has been filed as
					 required by section
					 2203.3 of this Title;
the administrator may order a decrease in the maximum
						rent where such maximum rent is substantially higher than the maximum rents for
						comparable housing accommodations, giving due consideration to any other
						factors bearing on the equities involved, consistent with the purposes of the
						Rent Law, including but not limited to the factors 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.
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 2202.17 - Rent decrease based on hazardous conditions

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may order a decrease of the maximum
						rent otherwise allowable, or take action as provided in section
						2202.19 of this Part, where a city
						agency having jurisdiction certifies that the housing accommodation is a fire
						hazard, or is in a continued dangerous condition or detrimental to life or
						health, or is occupied in violation of law. In such case, the maximum rent for
						the housing accommodation may be decreased in such amount as the administrator
						deems to be necessary or proper.
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 2202.18 - Decrease of inequitable rents for rooming house and single-room occupancy accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of these regulations,
						where a maximum rent has been established for a housing accommodation in a
						rooming house, or for a single-room occupancy accommodation, the administrator
						may order a decrease in the maximum rent, having regard for any factors bearing
						on the equities involved, consistent with the purposes of the Rent Law, to
						correct speculative, abnormal and unwarranted increases in
						rent.
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 2202.19 - Alternative provision in lieu of rent decrease

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever in the judgment of the
					 administrator such action is necessary or proper in order to effectuate the
					 purpose of the Rent Law, the administrator may, in lieu of decreasing the
					 maximum rents as provided in sections 2202.16 and
					 2202.17 of this Part, enter into a
					 contract wherein the landlord agrees in writing to deposit all income derived
					 from the property, including income from spaces and accommodations not
					 controlled, into an escrow or trust account supervised by the administrator, in
					 accordance with the conditions imposed by the administrator, for use in
					 maintaining or restoring essential services and equipment, for removing
					 violations against the property or housing accommodations therein, for making
					 such repairs as are necessary to remove a certification, from any city agency
					 having jurisdiction thereof, that the housing accommodation is a fire hazard,
					 or is in a continued dangerous condition or detrimental to life or health, or
					 is occupied in violation of law, and/or for such other uses as the
					 administrator deems necessary or proper for the preservation, repair or
					 maintenance of the property.
(b)
					 Where the landlord has entered into an escrow agreement as provided in
					 subdivision (a) of this section, the administrator shall issue orders adjusting
					 all controlled rents to the appropriate maximum rent, effective as of the first
					 day of the month following the execution of such agreement; provided, however,
					 that in the event the administrator shall determine that the landlord has
					 breached such agreement, the administrator may issue orders:
(1) decreasing the maximum rent pursuant to
					 such agreement;
(2) containing a
					 directive that rent collected by the landlord in excess of the rent thus
					 decreased be refunded to the tenants; and
(3) containing such other determinations and
					 directives as are necessary to effectuate the purposes of this
					 section.
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 2202.20 - Senior citizen rent increase exemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No increase in maximum rent, pursuant to
					 section 2201.3,
					 2201.4,
					 2201.5,
					 2201.6,
					 2202.8,
					 2202.9,
					 2202.10, 2202.11 or
					 2202.13 of this Title, shall be
					 collectible from a tenant to whom there has been granted a rent increase
					 exemption order, pursuant to this section, which became effective prior to the
					 effective date of such increase, except as provided in such exemption order or
					 as modified by subsequent exemption order.
(b) No increase in the legal regulated rent
					 of housing accommodations subject to the provisions of title YY of the New York
					 City Administrative Code, and the Rent Stabilization Code promulgated
					 thereunder, shall be collectible from a tenant to whom there has been issued a
					 currently valid exemption order pursuant to said Administrative Code or
					 pursuant to this section, except as provided in such order or as modified by
					 subsequent exemption order, where such increase is a lawful increase provided
					 under a two-year lease executed pursuant to title YY of the New York City
					 Administrative Code and Rent Stabilization Code, or under such other terms as
					 regards housing accommodations subject to the hotel stabilization provisions of
					 title YY51 of the New York City Administrative Code:
(1) pursuant to an order of the New York City
					 Rent Guidelines Board; or
(2) based
					 upon an owner hardship rent increase order issued by the Conciliation and
					 Appeals Board.
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 2202.21 - Decrease of services; application, order or report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Until the accommodations become vacant,
					 the landlord shall maintain the same dwelling space, essential services,
					 furniture, furnishings and equipment as are required under section
					 2201.2 of this Title, unless and
					 until he has filed an application to decrease the dwelling space, essential
					 services, furniture, furnishings or equipment and an order permitting such
					 decrease has been entered thereon by the administrator.
(b) On or after May 1, 1955, the removal of
					 furniture or furnishings from housing accommodations rented as furnished,
					 whether or not such removal is consented to by the tenant, shall constitute a
					 decrease in service.
(c) When the
					 accommodations become vacant, the landlord may, prior to renting to a new
					 tenant, decrease the dwelling space, essential services, furniture, furnishings
					 or equipment. Within 10 days after so renting, the landlord shall file a
					 written report with the district rent administrator showing such
					 decrease.
(d) The order on any
					 application under subdivision (a) of this section may require an appropriate
					 decrease in the maximum rent. Any maximum rent for which a report is required
					 by subdivision (c) of this section may be decreased in accordance with the
					 provisions of section
					 2202.16 of this Part.
(e) If the landlord shall have failed to file
					 an application or a proper and timely report, as required by subdivision (a) or
					 (c) of this section, the maximum rent shall be deemed in doubt and the
					 administrator may issue an order fixing the maximum rent pursuant to section
					 2202.22 of this Part.
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 2202.24 - Retroactive adjustments

Current through Register Vol. 46, No. 28, July 10, 2024
Where an order establishing or adjusting a maximum rent,
						or the portion thereof collectible from a particular tenant, is effective as of
						a date prior to the date of its issuance:
(a) Any rent to which the landlord shall be
					 entitled for such prior period shall be payable by the tenant in installments,
					 except that a tenant who vacates the premises when rent for such prior period
					 has not been fully paid shall be obligated to pay the balance forthwith. The
					 installment of back rent payable for each month (or other rental payment
					 period) shall not exceed the difference per month (or other rental payment
					 period) between the rent established by the order and the prior rent.
(b) Any excess rent paid by the tenant for
					 such prior period shall be credited to the tenant in full, commencing with the
					 rental payment immediately following the issuance of the order.
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 2202.25 - Rent adjustments upon succession

Current through Register Vol. 46, No. 28, July 10, 2024
Where all tenants occupying a housing accommodation on
						June 19, 1997 have permanently vacated such housing accommodation, and a
						primary-resident family member of such vacating tenant or tenants (first
						successor) is entitled to and continues to occupy the housing accommodation
						subject to the protections of this Subchapter, as provided in section
						2204.6 of this Title, and
						thereafter permanently vacates, as defined in section
						2204.6 of this Title, the housing
						accommodation, if such accommodation continues to be subject to the Rent Law
						and this Subchapter after such first successor vacates, and a primary-resident
						family member (second successor) is entitled to and continues to occupy the
						housing accommodation subject to the protections of this Subchapter, as
						provided in section
						2204.6 of this Title, the maximum
						collectable rent shall be increased by a sum equal to the allowance then in
						effect for vacancy leases for housing accommodations subject to the Rent
						Stabilization Law of Nineteen Hundred Sixty-Nine, including the amount allowed
						by paragraph 5-a of subdivision c of section 26-511 of such Law. Such increase
						shall be in addition to any other increases provided for in this Subchapter,
						including adjustments pursuant to section
						2202.4 of this Part, and shall be
						applicable in like manner to the maximum collectible rent that may be charged
						each second subsequent succeeding family member.
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 2202.26 - Surcharge for the installation and use of washing machines, dryers and dishwashers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a
					 tenant requests permission from the landlord to install a washing machine,
					 dryer or dishwasher, whether permanently installed or portable, and the
					 landlord consents, the landlord may collect surcharges, without notification to
					 or approval by the administrator in an amount specified in an operational
					 bulletin to be issued by the administrator pursuant to section
					 2209.8 of this Title. The
					 surcharges authorized by this section shall not be part of the maximum
					 rent.
(b)
(1) Where a prior installation by a tenant of
					 a washing machine, dryer or dishwater comes to the attention of the landlord
					 and the landlord consents to the continued use of the washing machine, dryer or
					 dishwasher, the surcharges provided for in this section shall only be available
					 prospectively.
(2) Under no
					 circumstances shall servicing or replacement of such washing machine, dryer or
					 dishwasher become a service required to be provided by the landlord pursuant to
					 this Subchapter.
(3) Where there is
					 in effect a prior practice of charging for installation of a tenant-owned
					 washing machine, dryer or dishwasher, the landlord may continue the charge,
					 which may also continue to be included in the maximum rent, if such was the
					 prior practice.
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 2202.27 - Surcharges for submetered electricity or other utility service

Current through Register Vol. 46, No. 28, July 10, 2024
Where a landlord acts as a provider of a utility service
						(including, but not limited to electricity, gas, cable, or telecommunications),
						the landlord may collect surcharges which shall not be part of the maximum rent
						and shall not be subject to this Subchapter.
As of June 14, 2019, fuel pass-along to tenants under
						rent control is prohibited. Notwithstanding any other provision of law, rule,
						regulation, chapter or administrative code, tenants of housing accommodations
						which are subject to rent control under this chapter shall not be subject to a
						fuel adjustment or pass-along increase in rent and any such increase to such
						tenant shall be null and void.
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 2202.28 - Schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The reasonable
					 costs that may be recovered for qualified major capital improvements (MCI) may
					 not exceed the recoverable costs, as determined by DHCR. In making such
					 determination, DHCR shall refer to such reasonable costs as specified in the
					 Reasonable Cost Schedule found in Operational Bulletin 2020-1. The Reasonable
					 Cost Schedule shall provide the recoverable cost of MCIs that fall within the
					 following main three categories:
1. Major
					 Systems;
i. The maximum recoverable costs
					 shall be presented for the following classes of work:
(a) Plumbing;
(b) Gas Repipe;
(c) Wiring;
(d) Windows;
(e) Boiler/Burner;
(f) Hot Water Heater;
(g) Elevator Replacement; and
(h) Elevator Modernization.
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 2203 - Registration And Records › Section 2203.1 - Registration of housing accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise specifically provided
					 by these regulations, every landlord of housing accommodations rented or
					 offered for rent shall file a written statement, on the form provided therefor,
					 containing such information as the administrator may require, to be known as a
					 registration statement, unless a registration statement was filed under the
					 Federal Act or the State Rent Act, or unless the maximum rent for such housing
					 accommodations is required, by section
					 2201.1(d) or (e)
					 of this Title, to be fixed or established by the administrator.
(b) Notwithstanding subdivision (a) of this
					 section, every landlord of a building or property containing dwelling units
					 subject to title YY of the New York City Administrative Code, and housing
					 accommodations subject to these regulations, shall file a registration
					 statement, no later than September 21, 1984, for each housing accommodation
					 subject to these regulations, on a form prescribed by the administrator
					 containing such information as the administrator may require.
(c) Every landlord, of a building or property
					 in which all residential units are subject to these regulations on April 1,
					 1984, but thereafter one or more of said residential units becomes subject to
					 title YY of the New York City Administrative Code, shall file a registration
					 statement for each residential unit which remains subject to these regulations
					 by September 21, 1984, or within 90 days from the date the first residential
					 unit becomes subject to title YY of the New York City Administrative Code,
					 whichever is later, on a form prescribed by the administrator containing such
					 information as the administrator may require.
(d) The registration required in subdivisions
					 (b) and (c) of this section shall not establish the legal maximum rent unless
					 an order setting forth the legal maximum rent is issued by the Division of
					 Housing and Community Renewal.
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 2203 - Registration And Records › Section 2203.2 - Report on decontrol of certain housing accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The landlord of a housing accommodation
					 specified in section
					 2200.2(f)(11), (12) and
					 (17) of this Title shall file a report of
					 such decontrol, upon forms prescribed by the administrator, within 30 days
					 following the date of vacancy on or after June 30, 1971, or the date of first
					 rental of such accommodations after decontrol (whichever date shall be
					 prescribed in such form), or June 1, 1962, whichever date is later, unless a
					 decontrol report was heretofore filed as required by the State Rent
					 Commission.
(b) The landlord of a
					 housing accommodation specified in section
					 2200.2(f)(13) of
					 this Title shall file a report of such decontrol, upon forms prescribed by the
					 administrator, within 30 days following the date of first rental of such
					 accommodation after decontrol, or June 1, 1962, whichever date is later, unless
					 a decontrol report was heretofore filed as required by the State Rent
					 Commission; and shall file such additional reports, upon forms prescribed by
					 the administrator, as may be required, showing changes in the rental of, and
					 the essential services, furniture, furnishings and equipment provided for, such
					 accommodation.
(c) The landlord of
					 a housing accommodation specified in section
					 2202.2(f)(14) of
					 this Title shall:
(1) file a report of the
					 eligibility of a housing accommodation for decontrol under such section no
					 later than April 30, 1964;
(2) file
					 a report of decontrol within 30 days after decontrol; and
(3) file an additional report prior to
					 December 30, 1965, or within 30 days after the anniversary date of decontrol,
					 whichever shall be the later, showing changes in the rental of, and the
					 essential services, furniture, furnishings and equipment provided for, such
					 accommodation, and any change or rearrangement of living space. Such reports
					 are to be filed upon forms prescribed by the administrator.
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 2203 - Registration And Records › Section 2203.3 - First rent

Current through Register Vol. 46, No. 28, July 10, 2024
For housing accommodations first rented after April 15,
						1962, unless a registration statement was filed with the State Rent Commission
						on or before April 30, 1962, a registration statement, upon forms prescribed by
						the administrator, shall be filed by May 15, 1962, or within 15 days after
						first renting, whichever is later.
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 2203 - Registration And Records › Section 2203.4 - Change of ownership

Current through Register Vol. 46, No. 28, July 10, 2024
Where, since the filing of the registration statement for
						any housing accommodation, there has been a change in the identity of the
						landlord, by transfer of title or otherwise, and no notice of such change has
						been filed, the successor landlord shall file a notice, on a form provided for
						that purpose, within 15 days after the change. 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. 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 whether in a rent control or rent stabilized
						administrative proceeding, 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2203 - Registration And Records › Section 2203.5 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
Any notice, order or other process or paper directed to
						the person named in the registration statement as the landlord at the address
						given therein or, where a notice of change in identity has been filed, to the
						person named as landlord and at the address given in the most recent such
						notice, shall constitute notice to the person who is then the
						landlord.
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 2203 - Registration And Records › Section 2203.6 - Notices to attorneys at law

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Whenever a person is involved in a proceeding before the administrator, and an
					 attorney at law has filed a notice of appearance for such person in such
					 proceeding, all subsequent written communications or notices to such person
					 (other than subpoenas) shall be sent to such attorney at law at the address
					 designated in such notice of appearance. The notice of appearance to be filed
					 by an attorney at law who represents a party in a proceeding before the
					 administrator shall be on a form prescribed by the administrator, unless
					 proceedings are instituted before the administrator by formal application
					 pursuant to these regulations and the representation of such attorney at law
					 and his mailing address are stated in such application in the space allotted
					 for the mailing address of the represented party. The service of written
					 communications and notices upon such attorney at law shall be deemed full and
					 proper service upon the party or parties so represented.
(b) Whenever an attorney at law shall
					 represent the same party or parties in more than one proceeding before the
					 Division of Housing and Community Renewal, separate notices of appearance shall
					 be filed in each proceeding. For the purposes of this section, a protest
					 against an order of the district rent administrator shall be deemed a separate
					 proceeding.
(c) This section shall
					 not apply to preliminary investigations conducted by the
					 administrator.
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 2203 - Registration And Records › Section 2203.7 - Failure to file

Current through Register Vol. 46, No. 28, July 10, 2024
Where the landlord has failed to file a proper and timely
						registration statement as required by this Part, the administrator may
						establish the maximum rent pursuant to section
						2202.22 of this Title, and if such
						maximum rent has been established, no rent increase may be obtained under any
						provision of these regulations until compliance with this
						Part.