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 2202.16 - Rent decrease for reduction of services, etc

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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 there
					 has been a substantial deterioration of the housing accommodations because of
					 the failure of the landlord to properly maintain the same, or there has been a
					 decrease in the dwelling space, essential services, furniture, furnishings or
					 equipment required under section
					 2201.2 of this Title. It shall be
					 no defense, to an application to decrease the maximum rent, that furniture or
					 furnishings were removed on or after May 1, 1955 from a furnished housing
					 accommodation with the consent of the tenant. The maximum rent for the housing
					 accommodation shall be decreased by that amount which the administrator finds
					 to be the reduction in the rental value of the housing accommodation because of
					 the substantial deterioration or decrease in dwelling space, essential
					 services, furniture, furnishings or equipment. The administrator may, however,
					 take into consideration all factors bearing on the equities involved.
(b) In any proceeding where the landlord has
					 complied with the requirements to paint and decorate the housing accommodation,
					 the order terminating this proceeding shall set forth the date when the
					 apartment shall again be due for a painting.
(c) The administrator may order a decrease of
					 the maximum rent, where there had been a previous increase of the maximum rent
					 on the basis of a prior tenant's installation or use of a television antenna,
					 and a new tenant has not availed himself of this service, by the amount of rent
					 increase formerly granted for such service; provided, however, that the present
					 tenant file an application for the decrease of the maximum rent within 90 days
					 from the date of taking possession of the housing accommodation.
(d) The administrator may order an
					 appropriate decrease of the maximum rent, where there has been a previous
					 increase of the maximum rent on the basis of the installation or use of cable
					 television services, and there is no lease or rental agreement, executed prior
					 to January 1, 1973 specifically providing for such installation or use,
					 presently in force, or such lease or rental agreement has terminated or
					 expired.
(e) the administrator may
					 order a decrease of the maximum rent based on an approved conversion from
					 master metering of electricity, with the cost of electricity included in the
					 rent, to individual metering of electricity, with the tenant paying separately
					 for electricity, and is in amounts set forth in a Schedule of Rent Reductions
					 for different-sized rent controlled housing accommodations included in
					 Operational Bulletin 2014-1 governing electrical conversions issued pursuant to
					 this section and section
					 2209.8 of this Title by DHCR, 92-31
					 Union Hall Street, Jamaica, Queens, New York, and available at DHCR's website
					 at
www.nyshcr.org
(
www.hcr.ny.gov
), and determined as follows:
(1) Direct Metering. Where the conversion is
					 to direct metering of electricity, with the tenant purchasing electricity
					 directly from a utility, such Schedule of Rent Reductions is based on the
					 median monthly cost of electricity to tenants derived from data from the United
					 States Census Bureau's " New York City Housing and Vacancy Survey," as
					 tabulated by the New York City Rent Guidelines Board, 1 Centre Street, Suite
					 2210, New York, New York, and available on its website at
					 rentguidelinesboard.cityofnewyork.us . The charge for electricity is not part
					 of the maximum rent and is not subject to this Subchapter. The resolution of
					 any dispute arising from the billing or collection of such charge is not within
					 the jurisdiction of the city rent agency. A conversion to direct metering is
					 required to include rewiring the building unless the owner can establish that
					 rewiring is unnecessary.
(2)
					 Submetering. Where the conversion is to submetering of electricity, with the
					 tenant purchasing electricity from the owner or a contractor retained by the
					 owner, who purchases electricity from a utility at the bulk rate, such Schedule
					 of Rent Reductions is based on the median monthly cost of electricity to
					 tenants derived from data from the United States Census Bureau's " New York
					 City Housing and Vacancy Survey," as tabulated by the New York City Rent
					 Guidelines Board, 1 Centre Street, Suite 2210, New York, New York, and
					 available on its website at rentguidelinesboard.cityofnewyork.us, adjusted to
					 reflect the bulk rate for electricity plus a reasonable service fee for the
					 cost of meter reading and billing, based on the maximum estimated fee included
					 in the Residential Electric Submetering Manual revised October 2001, published
					 by the New York State Energy Research and Development Authority, 17 Columbia
					 Circle, Albany, New York, and available on its website at
www.nyserda.org
, and reflected in
					 Operational Bulletin 2014-1 . The owner or contractor retained by the owner is
					 not permitted to charge the tenant more than the bulk rate for electricity plus
					 a reasonable service charge for the cost of meter reading and billing. The
					 charge for electricity as well as any related service surcharge is not part of
					 the maximum rent and is not subject to this Subchapter. The resolution of any
					 dispute arising from the billing or collection of such charge or surcharge is
					 not within the jurisdiction of the city rent agency. A conversion to
					 submetering does not require rewiring the building provided the owner submits
					 an affidavit sworn to by a licensed electrician that the existing wiring is
					 safe and of sufficient capacity for the building.
(3) Recipients of Senior Citizen Rent
					 Increase Exemptions (SCRIE) or Disability Rent Increase Exemptions (DRIE): For
					 a tenant who on the date of the conversion is receiving a SCRIE or DRIE
					 authorized by section 26-405(m) of the City Rent and Rehabilitation Law, the
					 rent is not reduced and the cost of electricity remains included in the rent,
					 although the owner is permitted to install any equipment in such tenant's
					 housing accommodation as is required for effectuation of electrical conversion
					 pursuant to this subdivision.
(i) After the
					 conversion, upon the vacancy of the tenant, the owner, without making
					 application to the city rent agency, is required to reduce the maximum rent for
					 the housing accommodation in accordance with the Schedule of Rent Reductions
					 set forth in Operational Bulletin 2014-1, and thereafter any subsequent tenant
					 is responsible for the cost of his or her consumption of electricity, and for
					 the legal rent as reduced, including any applicable major capital improvement
					 rent increase based upon the cost of work done to effectuate the electrical
					 conversion.
(ii) After the
					 conversion, if a tenant ceases to receive a SCRIE or DRIE, the owner, without
					 making application to the city rent agency, may reduce the rent in accordance
					 with the Schedule of Rent Reductions set forth in Operational Bulletin 2014-1,
					 and thereafter the tenant is responsible for the cost of his or her consumption
					 of electricity, and for the legal rent as reduced, including any applicable
					 major capital improvement rent increase based upon the cost of work done to
					 effectuate the electrical conversion, for as long as the tenant is not
					 receiving a SCRIE or DRIE. Thereafter, in the event that the tenant resumes
					 receiving a SCRIE or DRIE, the owner, without making application to the city
					 rent agency, is required to eliminate the rent reduction and resume
					 responsibility for the tenant's electric bills.
(4) Every three years, upon the publication
					 of a new New York City Housing and Vacancy Survey, and tabulation of the survey
					 data by the New York City Rent Guidelines Board, DHCR shall issue a new
					 Operational Bulletin governing electrical conversions setting forth rent
					 reductions based on the new survey data, and shall move to amend the
					 regulations to incorporate by reference the new Operational Bulletin, the new
					 New York City Housing and Vacancy Survey, and Rent guidelines Board tabulation.
					 At such time as New York State Energy Research and Development Authority issues
					 a new Residential Electric Submetering Manual setting forth a new maximum
					 estimated submetering service fee, DHCR shall move to amend the regulations to
					 incorporate that document by reference.