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 2522 - Rent Adjustments › Section 2522.6 - Orders where the legal regulated rent or other facts are in dispute, in doubt, or not known, or where the legal regulated rent must be fixed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the legal
					 regulated rent or any fact necessary to the determination of the legal
					 regulated rent, or the dwelling space, required services or equipment required
					 to be provided with the housing accommodation is in dispute between the owner
					 and the tenant, or is in doubt, or is not known, the DHCR at any time upon
					 written request of either party, or on its own initiative, may issue an order
					 in accordance with the applicable provisions of this code determining the
					 facts, including the legal regulated rent, the dwelling space, required
					 services, and equipment required to be provided with the housing
					 accommodations.
(b)
(1) Such order shall determine such facts or
					 establish the legal regulated rent in accordance with the provisions of this
					 Code. Where such order establishes the legal regulated rent, it shall contain a
					 directive that all rent collected by the owner in excess of the legal regulated
					 rent shall be refunded to the tenant, or any prior tenant, pursuant to the
					 procedures and requirements set forth by Section
					 2526.1 or Section
					 2526.7 of this Title. Orders issued
					 pursuant to this section shall be based upon the law and Code provisions in
					 effect on March 31, 1984, if the complaint was filed prior to April 1,
					 1984.
(2) Where either:
(i) no base date, as defined in Section
					 2526.7 of this Title, can be
					 determined, and the rent charged on June 14, 2015 cannot be determined,
					 or
(ii) the rent is the product of
					 a fraudulent scheme to deregulate the apartment, or
(iii) a rental practice proscribed under
					 section 2525.3 (b), (c) and
					 (d) of this Title has been committed, the
					 rent shall be established at the lowest of the following amounts set forth in
					 subparagraph (i), (ii), (iii), or (iv) of paragraph (3) of this subdivision,
					 Section 2526.7 of this Title, or Section
					 2526.1 of this Title. Section
					 2526.1 of this Title shall only be
					 applicable for complaints filed prior to June 14, 2019.
(3) These amounts are:
(i) the lowest rent registered pursuant to
					 section 2528.3 of this Code for a
					 comparable apartment in the building in effect on the date the complaining
					 tenant first occupied the apartment; or
(ii) the complaining tenant's initial rent
					 reduced by the percentage adjustment authorized by section
					 2522.8 of this Code; or
(iii) the last registered rent paid by the
					 prior tenant; or
(iv) if the
					 documentation set forth in subparagraphs (i) through (iii) of this paragraph is
					 not available or is inappropriate, an amount based on data compiled by the
					 DHCR, using sampling methods determined by the DHCR, for regulated housing
					 accommodations.
(4) This
					 subdivision shall also apply where the owner purchases the housing
					 accommodations subsequent to judicial or other sales.