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 2204 - Evictions › Section 2204.7 - Alteration or remodeling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 certificate or an order authorizing subdivision shall be issued where the
					 landlord seeks in good faith to recover possession of a housing accommodation
					 for the immediate purpose of substantially altering or remodeling it, provided
					 that the landlord shall have secured such approval therefor as is required by
					 law, and the administrator determines that the issuance of the order granting
					 the certificate of eviction is not inconsistent with the purpose of the Rent
					 Law or these regulations. No certificate or order authorizing subdivision
					 involving alteration or remodeling shall be granted under this section unless
					 the administrator shall find that such alteration or remodeling is for the
					 purpose of subdividing an under-occupied housing accommodation containing six
					 or more rooms, exclusive of bathrooms and kitchen, into a greater number of
					 housing accommodations consisting of self-contained family units which meet the
					 requirements of section
					 2200.9 of this Title. An apartment
					 may be deemed under-occupied when there is less than one occupant for each
					 room, exclusive of bathrooms, kitchen and three additional rooms. Roomers or
					 boarders who are not members of the tenant's family shall not be counted as
					 occupants.
(b) Upon approval of
					 plans by the city agency having jurisdiction thereof, where such approval is
					 required, and before proceeding with such alteration or remodeling, application
					 shall be made to the administrator for an order directing the tenant occupying
					 such housing accommodation to remain in possession of an adequate portion
					 thereof, as determined by the administrator, and to surrender possession of the
					 remainder of said housing accommodation, with a time to be fixed by the
					 administrator. Where it is not practicable for the tenant to remain in
					 possession of a portion of the housing accommodation during the alteration, the
					 administrator may require the landlord to furnish a suitable temporary housing
					 accommodation to the tenant, not unreasonably distant from the premises being
					 altered, and available at a rent not greater than the rent then being paid by
					 the tenant, unless the tenant requests permanent relocation in his answer to
					 the landlord's application. Unless the tenant requests permanent relocation,
					 the order so granted shall be conditioned on the right of such tenant to first
					 occupancy of any housing accommodation resulting from such
					 alteration.
(c) Where the tenant
					 has requested relocation as provided in subdivision (b) of this section, or
					 where the tenant cannot be adequately housed in any portion of the housing
					 accommodation after alteration, a certificate or order authorizing subdivision
					 may only be issued on condition that the landlord comply with the relocation
					 requirements of section
					 2204.4(e) of this
					 Part. Such order shall also require the landlord to comply with the stipend
					 requirements of subdivisions (e) and (f) of such section.
(d) The administrator shall establish the
					 terms and conditions under which such alteration or remodeling may be made, and
					 shall establish the maximum rent to be paid by the tenant occupying such
					 suitable portion of such housing accommodation during the alteration, and shall
					 establish the maximum rent to be paid by such tenant for the first occupancy of
					 any housing accommodation selected by him in such subdivided housing
					 accommodation after it has been altered or remodeled. The administrator shall,
					 pursuant to section
					 2202.22(a) of this
					 Title, establish the maximum rent on the basis of the maximum rents for
					 comparable housing accommodations, after taking into consideration all other
					 factors bearing on the equities involved. The landlord shall file an
					 application under section
					 2200.9 of this Title for an order
					 of decontrol; provided, however, that such order of decontrol shall not apply
					 to that portion of the original housing accommodations occupied by a tenant in
					 possession at the time of the conversion, but only so long as such tenant
					 continues in occupancy.
(e) In the
					 case of housing accommodations in a structure or premises owned by a
					 cooperative corporation or association, where the landlord is the individual
					 owner of stock allocated to a housing accommodation, no certificate or order
					 shall be granted under this section unless the administrator shall also find
					 that the landlord has met the requirements of section
					 2204.5(c) of this
					 Part.
(f) The order in all such
					 cases shall grant the landlord permission to recover possession of the housing
					 accommodations without further application, should the tenant fail to abide by
					 the order of subdivision issued by the administrator.
(g) Sections
					 2204.4(g) and (h)
					 and 2204.8(a)(1) of
					 this Part shall not apply with respect to any building consisting of housing
					 accommodations falling within the limitations of section
					 2204.8(c) of this
					 Part.