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 A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.11 - Receipt for rent paid

Current through Register Vol. 46, No. 28, July 10, 2024
Owners shall comply with the provisions of section
						235-e of
						the Real Property 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 A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.12 - Waiver of benefit void

Current through Register Vol. 46, No. 28, July 10, 2024
An agreement by the tenant to waive the benefit of any
						provision of the act or this Subchapter is void; provided, however, that based
						upon a negotiated settlement between the parties and with the approval of the
						division, or a court of competent jurisdiction, or where a tenant is
						represented by counsel, a tenant may withdraw, with prejudice, any complaint
						pending before the division. Such settlement shall be binding upon subsequent
						tenants. However, where the settlement encompasses surrender of occupancy by
						the tenant or the tenant is no longer in possession of the housing
						accommodation as of the date of the settlement, such settlement shall not be
						binding upon any subsequent tenant, except to the extent that the complaint
						being settled is subject to the time limitations set forth in the act and this
						Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.13 - Construction and implementation

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter shall be construed so as to carry out the
						intent of the act to ensure that such statute shall not be subverted or
						rendered ineffective, directly or indirectly, and to prevent the exaction of
						unjust, unreasonable and oppressive rents and rental agreements, and to
						forestall profiteering, speculation and other disruptive practices tending to
						produce threats to the public health, safety and general welfare; and that the
						policy herein expressed shall be implemented with due regard for the
						preservation of regulated rental housing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.14

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Establishment
(1) In each county
					 wherein any city having a population of less than one million or any town or
					 village has declared the existence of an emergency pursuant to the ETPA prior
					 to June 14, 2019, there shall exist a rent guidelines board to consist of
					 members appointed by the Commissioner of DHCR upon the recommendations of the
					 local county legislature. Such board shall serve as the rent guidelines board
					 for any city having a population of less than one million or any town or
					 village within such county which has declared the existence of an emergency
					 pursuant to the ETPA.
(2) Where a
					 city having a population of less than one million or any town or village
					 declares the existence of an emergency pursuant to the ETPA after June 14,
					 2019, and such city, town or village is the first municipality in the county to
					 declare such an emergency, the rent guidelines board shall initially consist of
					 members appointed by the Commissioner of DHCR upon the recommendations of the
					 local legislative body of the municipality declaring the emergency. Such
					 recommendations shall be made within thirty days of the declaration of
					 emergency. Once constituted, such board shall serve as the rent guidelines
					 board for such city, town or village so long as such municipality remains the
					 only municipality within the county to have adopted the ETPA. Following any
					 subsequent initial local declaration of emergency by a municipality within such
					 county, such board shall be reconstituted to ensure representation of all
					 municipalities within such county that have adopted ETPA. Such board shall be
					 reconstituted by the Commissioner of DHCR appointing all nine members of the
					 board upon the recommendations of the local county legislature. If such
					 recommendations are not made by the local county legislature within a
					 reasonable time after the second declaration of an emergency pursuant to the
					 ETPA by a municipality within such county, the Commissioner of DHCR may appoint
					 the initial members of the reconstituted board upon there commendations of the
					 local legislative bodies of the municipalities within the county that have
					 adopted ETPA. Thereafter, such board shall serve as the rent guidelines board
					 for any city having a population of less than one million and any town or
					 village within such county which has declared the existence of an emergency
					 pursuant to the ETPA.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2501 - Legal Regulated Rents › Section 2501.2 - Preferential rents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
					 amount of rent charged to and paid by the tenant is less than the legal
					 regulated rent for the housing accommodation, such rent shall be known as the
					 preferential rent. The amount of rent for such housing accommodation which may
					 be charged upon vacancy there of may, at the option of the owner, be based upon
					 either such preferential rent or an amount not more than the previously
					 established legal regulated rent, as adjusted by the most recent applicable
					 guidelines increases and other increases authorized by law.
(b) Such legal regulated rent as well as
					 preferential rent shall be set forth in the vacancy lease or renewal lease
					 pursuant to which the preferential rent is charged.
(c) Where the amount of the legal regulated
					 rent is set forth either in a vacancy lease or renewal lease where a
					 preferential rent is charged, the owner shall be required to maintain, and
					 submit where required to by DHCR, the rental history of the housing
					 accommodation immediately preceding such preferential rent to the present which
					 may be prior to the base date preceding the filing of a complaint.
(d) Any tenant who is subject to a lease in
					 effect on or after June 14, 2019, or is or was entitled to receive a renewal or
					 vacancy lease on or after such date, upon renewal of such lease, the amount of
					 rent for such housing accommodation that may be charged and paid shall be no
					 more than the rent charged to and paid by the tenant prior to that renewal, as
					 adjusted by the most recent applicable guidelines increases and any other
					 increases authorized by law.
(e)
					 Provided, however, that for buildings that are subject to this Title by virtue
					 of a regulatory agreement with a local government agency and which buildings
					 receive federal project based rental assistance administered by the United
					 States Department of Housing and Urban Development or a state or local section
					 eight administering agency, where the rent set by the federal, state or local
					 governmental agency is less than the legal regulated rent for the housing
					 accommodation, the amount of rent for such housing accommodation which may be
					 charged upon renewal or upon vacancy thereof, may be based upon such previously
					 established legal regulated rent, as adjusted by the most recent applicable
					 guidelines increases or other increases authorized by law; and further provided
					 that such vacancy shall not be caused by the failure of the owner or an agent
					 of the owner to maintain the housing accommodation in compliance with the
					 warranty of habitability set forth in subdivision one of section
					 two hundred
					 thirty-five-b of the real property 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 A - Emergency Tenant Protection Regulations › Part 2501 - Legal Regulated Rents › Section 2501.3 - Redetermination of initial legal regulated rent which includes payments reserved under a tax escalation clause for housing accommodations located in a property becoming subject to reduction of real property taxes

Current through Register Vol. 46, No. 28, July 10, 2024
Where the initial legal regulated rent for a housing
						accommodation includes payments reserved in the lease or other rental agreement
						under a tax escalation clause, whenever there is a reduction in the amounts of
						increases in the real property taxes which were previously in effect, the
						initial legal regulated rent shall be subject to redetermination to exclude
						such payments or such part thereof as is warranted, as provided for in sections
						2503.9 and 2503.10 of this
						Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.1 - Legal regulated rents

Current through Register Vol. 46, No. 28, July 10, 2024
Legal regulated rents may be increased or decreased only
						as hereinafter specified.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.2 - Effective date of adjustment of rents

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Title or set forth
						in the order, the legal regulated rent shall be adjusted effective the first
						rent payment date occurring 30 days after the filing of the application, or on
						the effective date of a lease or other rental agreement providing for the rent
						guidelines board annual rate of adjustment as filed with the division and as
						provided for in section
						2502.5 of this Part. Adjustments
						shall also be made upon vacancy as provided in section
						2502.7 of this Part. No rent
						adjustment may take place during a lease term unless a clause in the lease
						authorizes such increase, or as otherwise provided by law and 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 A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.3 - Application for adjustment of initial legal regulated rent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fair market rent appeals.
(1)
(i) The
					 tenant of a housing accommodation for which the initial legal regulated rent
					 was established under section
					 2501.1 of this Title based upon the
					 rent reserved in a lease or other rental agreement which became effective on or
					 after January 1, 1974 may file within 90 days after notice has been received
					 pursuant to section
					 2503.1 of this Title, an
					 application on forms prescribed by the division for adjustment of the initial
					 legal regulated rent on the allegation that such rent is in excess of the fair
					 market rent. This right is limited to the first tenant taking occupancy on or
					 after January 1, 1974, except where such tenant had vacated the housing
					 accommodation prior to the service by the owner of the notice required by
					 section 2503.1 of this Title. In such
					 event, any subsequent tenant shall also have a right to file an application for
					 adjustment of the legal regulated rent until the owner mails the required
					 notice and 90 days shall have elapsed without the filing of an application by a
					 tenant continuing in occupancy during said 90-day period. However, no fair
					 market rent appeal may be filed after six years from the date of initial
					 occupancy of the housing accommodation. Once a fair market rent appeal has been
					 filed, no subsequent tenant may file such appeal.
(ii) The tenant must allege in such appeal:
(a) that the initial rent is in excess of the
					 fair market rent; and
(b) facts
					 which, to the best of his or her information and belief, support such
					 allegation.
(iii) Such
					 appeal shall be dismissed where:
(a) it is
					 filed more than 90 days after the certified mailing to the tenant of the form
					 required by section
					 2503.1 of this Title; or
(b) it is filed more than six years from the
					 date of the initial stabilized tenancy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.4 - Adjustment of legal regulated rent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An owner may file an application to
					 increase the legal regulated rents of the building or building complex, on
					 forms prescribed by the division, on the following ground: Substantial
					 rehabilitation.
(2) Upon
					 application by the owner, the division may grant an appropriate adjustment of a
					 legal regulated rent where it finds that:
(i)
					 There has been since January 1, 1974 an increase in the rental value of the
					 housing accommodations as a result of a substantial rehabilitation of the
					 building or housing accommodations therein which materially adds to the value
					 of the property or appreciably prolongs its life, excluding ordinary repairs,
					 maintenance and replacements and that the legal regulated rent has not been
					 adjusted prior to the application based in whole or part upon the grounds set
					 forth in 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 A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.6 - 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)
(1) Where the legal regulated rent or any
					 fact necessary to the determination of the legal regulated rent, or the
					 dwelling space, essential services, or equipment required to be provided with
					 the accommodation, is in dispute between the owner and the tenant, or is in
					 doubt, or is not known, the division at any time upon written request of either
					 party, or on its own initiative, may issue an order in accordance with section
					 2506.1 or section
					 2506.8, as applicable, of this
					 Title, and other applicable provisions of this Subchapter, determining the
					 facts, including the legal regulated rent, the propriety of any amended
					 registration statements, the dwelling space, essential services and equipment
					 required to be provided with the housing accommodations. Such order shall
					 determine such facts or establish the legal regulated rent in accordance with
					 the provisions of this Title. Where such order establishes the legal regulated
					 rent, it_shall contain a directive that all rent collected by the landlord in
					 excess of the legal regulated rent shall b e refunded to the tenant or any
					 prior tenant, pursuant to the procedures and requirements set forth by section
					 2506.1 or section
					 2506.8 of this Title. Orders issued
					 pursuant to this section shall be based upon the law and the ETPA provisions in
					 effect on March 31, 1984, if the complaint was filed prior to April 1, 1984.
					 Where either
(i) no base date, as defined in
					 section 2506.8 of this Title, can be
					 determined, and the rent charged on June 14, 2015 cannot be determined,
					 or
(ii) a full rental history from
					 the base date is not provided, or
(iii) the base date rent is the product of a
					 fraudulent scheme to deregulate the apartment, or (iv) a rental practice
					 proscribed under section
					 2505.3 (b) or (c)
					 has been committed, the rent shall be established at the lowest of the
					 following amounts set forth in paragraph (2), in section
					 2506.1 of this Title, or in section
					 2506.8 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 A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.7 - Rent adjustments upon vacancy or succession

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The legal
					 regulated rent for any vacancy lease effective on or after June 14, 2019 shall
					 be as hereinafter provided in this subdivision. The previous legal regulated
					 rent for such housing accommodation shall be increased by the following:
(1) if the vacancy lease is for a term of one
					 year, the one-year guideline increase, as promulgated by the applicable Rent
					 Guidelines Board, can be applied to the previous legal regulated rent;
					 or
(2) if the vacancy lease is for
					 a term of two years, the two-year renewal guideline increase, as promulgated by
					 the applicable Rent Guidelines Board, can be applied to the previous legal
					 regulated rent.
(3) The increase
					 authorized in this paragraph may not be implemented more than one time in any
					 calendar year, notwithstanding the number of vacancy leases or lease
					 assignments entered into in such year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.8 - 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 owner to install a washing machine, dryer
					 or dishwasher, whether permanently installed or portable, and the owner
					 consents, the owner may collect surcharges, without notification to or approval
					 by the division in an amount specified in an operational bulletin to be issued
					 by the division pursuant to section
					 2507.11 of this Title. The
					 surcharges authorized by this section shall not be part of the legal regulated
					 rent.
(b)
(1) Where a prior installation by a tenant of
					 a washing machine, dryer or dishwasher comes to the attention of the owner and
					 the owner 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 owner 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 owner may continue the
					 charge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.9 - Surcharges for submetered electricity or other utility service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where an owner
					 acts as a provider of a utility service (including, but not limited to
					 electricity, gas, cable or telecommunications), the owner may collect
					 surcharges which shall not be part of the legal regulated rent, and shall not
					 be subject to this Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.10 - 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 VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.1 - Notice of initial legal regulated rent

Current through Register Vol. 46, No. 28, July 10, 2024
Every landlord of housing accommodations subject to this
						Subchapter, which are rented to a tenant on the local effective date, shall
						within 30 days after the local effective date give notice in writing by
						certified mail to the tenant of each such housing accommodation on a form
						provided by the division for that purpose, reciting the initial legal regulated
						rent for the housing accommodation and the tenant's right to file an
						application for adjustment of the initial legal regulated rent within 90 days
						after receipt of the notice. Compliance with section
						2509.1 of this Title shall also be
						considered compliance with this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.2 - Certification of services

Current through Register Vol. 46, No. 28, July 10, 2024
Every owner of housing accommodations subject to this
						Subchapter shall file annually with the division, on a form which it shall
						provide for that purpose, a written certification that he is maintaining and
						will continue to maintain all services furnished on May 29, 1974, the effective
						date of the act, or required to be furnished by any law, ordinance or
						regulation applicable to the premises. Compliance with section
						2509.2 of this Title shall also be
						in compliance with this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.3 - Failure to file a certification of services

Current through Register Vol. 46, No. 28, July 10, 2024
No owner shall be entitled to collect a rent guidelines
						board rent adjustment authorized under section
						2502.5 of this Title until the
						owner has filed a proper certification as required by section
						2503.2 of this Part, nor shall any
						owner be entitled to a rent restoration upon a restoration of services unless
						such restoration of services has been determined by the division in a
						proceeding commenced by an owner's application to restore rent or a proceeding
						commenced pursuant to section
						2506.2 of this Title, or in another
						proceeding pursuant to these regulations. Such restoration shall take effect on
						the date specified in the order of the division issued in such
						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 A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.4 - Failure to maintain services as certified

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A
					 tenant may apply to the division for a reduction of the legal regulated rent to
					 the level in effect prior to the most recent adjustment under section
					 2502.5(c) of this
					 Title, subject to the limitations of subdivisions (b) through (g) of this
					 section, and the division may so reduce the rent where it is found that the
					 owner has failed to maintain the services. If the division further finds that
					 the owner has knowingly filed a false certification, it shall, in addition to
					 abating the rent, assess the owner with the reasonable costs of the proceeding
					 including attorney's fees, and impose a penalty not in excess of $250 for each
					 false certification.
(2) Where an
					 application for a temporary rent adjustment pursuant to a major capital
					 improvement as set forth in section
					 2502.4(b) of this
					 Title has been granted, and collection of such rent adjustment commenced prior
					 to the effective date of the rent reduction order, the owner will not be
					 permitted to continue to collect the rent adjustment while the rent reduction
					 order is in effect.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.5 - Renewal of lease

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On a form
					 prescribed by the division signed and dated by the landlord, every landlord
					 shall notify the tenant in occupancy not more than 120 days and not less than
					 90 days prior to the end of the tenant's lease term, by certified mail, of such
					 termination of the lease term and offer to renew the lease at the legal
					 regulated rent permitted for such renewal lease and otherwise on the same
					 conditions as the expiring lease, and shall give such tenant a period of 60
					 days from the date of mailing of such notice to renew such lease and accept the
					 offer. The tenant's acceptance of such offer shall be entered on the designated
					 part of the prescribed form, and returned to the landlord by certified mail. In
					 the event that such 90-day notice expires after the expiration of the lease,
					 the provisions of subdivision (b) of this section shall govern.
(b)
(1)
					 Where the owner fails to offer a renewal of the lease in accordance with
					 subdivision (a) of this section, the tenant shall have the option of choosing:
(i) whether the one-or two-year term of such
					 lease whenever it is offered shall commence on the date a renewal lease would
					 have commenced had a timely offer been made; or
(ii) on the first rent payment date
					 commencing 90 days after the date that the owner does offer the lease to the
					 tenant on the prescribed notice form. The guidelines rate applicable in such
					 cases shall be the rate in effect on the first day subsequent to the expiration
					 of the last lease or the rate in effect when the lease is renewed; whichever is
					 lower.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.6 - Notices of appearance by attorney or other authorized representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an
					 attorney or other authorized representative appears for a party who is involved
					 in a proceeding before the division, such person must file a notice of
					 appearance which shall be on a form prescribed by the division, unless the
					 application which instituted the proceeding before the division stated the
					 representation of such person and his or her mailing address in the space
					 allotted for the mailing address of the represented party. An attorney who
					 appears for such party may instead use the letterhead stationery of his or her
					 office as a notice of appearance if the information contained therein
					 substantially conforms to the information required by the form. All subsequent
					 written communications or notices to such party (other than subpoenas) shall be
					 sent to such attorney or other authorized representative at the address
					 designated in such notice of appearance. The service of written communications
					 and notices upon such attorney or other authorized representative shall be
					 deemed full and proper service upon the party or parties so represented. If an
					 authorized representative appears, such notice of appearance must be
					 accompanied by a written authorization, duly verified or affirmed, by the party
					 represented.
(b) Whenever an
					 attorney or other authorized representative shall represent the same party or
					 parties in more than one proceeding before the division, separate notices of
					 appearance and authorizations shall be filed in each proceeding.
(c) Any submission signed by an attorney or
					 other authorized representative must state that such person has personal
					 knowledge of the facts contained in such submission, or if he or she does not
					 have such personal knowledge, the basis for such person's
					 information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.7 - Records and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except where a specific provision of this code requires the maintenance of rent
					 records for a longer period, 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 these regulations 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, any 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.
(b)
(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 2509 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 A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.8

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.
(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.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.9 - Notice of redetermination of initial legal regulated rent which includes payments reserved under a tax escalation clause, based upon reduction of real property tax increases

Current through Register Vol. 46, No. 28, July 10, 2024
Every landlord of housing accommodations subject to this
						Chapter, for which the initial legal regulated rent includes payments reserved
						under a tax escalation clause in the lease or other rental agreement shall
						whenever there is a reduction in the amounts of increases in the real property
						taxes which were previously in effect, on or before July 31, 1976 or within 60
						days after notice of such reduction and receipt of rebates from the taxing
						authority, whichever is later, give notice in writing by certified mail to the
						tenant of each such housing accommodation on a form provided by the division
						for that purpose, reciting the redetermined initial legal regulated rent for
						the housing accommodation, and the amount of the payments previously included
						in the initial legal regulated rent, which are excluded therefrom based upon
						the reduction of real property tax increases, and that all refunds of excess
						rent paid since the local effective date will be made in cash to the tenant or
						as a credit against future rents over a period not in excess of six months. In
						the event the initial legal regulated rent has been adjusted by the applicable
						Rent Guidelines Board rate in a one-, two- or three-year lease, the legal
						regulated rent provided in such lease.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2503 - Notices And Records › Section 2503.10 - Failure to serve notice of redetermination of initial legal regulated rent based upon reduction of real property tax increases

Current through Register Vol. 46, No. 28, July 10, 2024
A tenant may apply to the division for a redetermination
						of the initial legal regulated rent, and the legal regulated rent if there has
						been an adjustment by the applicable Rent Guidelines Board rate in a one-, two-
						or three-year lease, when the landlord has failed to serve the notice required
						under this Part. In determining such application, the division may direct the
						refund by the landlord to the tenant of excess rent paid since the local
						effective date, and may further order the landlord to pay the tenant such
						penalty as may be found under Part 2506 of this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2504 - Evictions › Section 2504.1 - Restrictions on removal of tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 So long as the tenant continues to pay the rent to which the landlord is
					 entitled, no tenant shall be removed from any housing accommodations 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 Chapter.
(b) It shall be unlawful for any person to
					 remove or attempt to remove any tenant or occupant from any housing
					 accommodations or to refuse to renew the lease or agreement for the use of such
					 accommodations, because such tenant or occupant has taken, or proposes to take,
					 action authorized or required by the act or any regulation, order or
					 requirement thereunder.
(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.
(d)
(1) In addition to any other limitations
					 imposed by these regulations, no proceeding to recover possession of any
					 housing accommodation based upon any wrongful acts or omission of a tenant,
					 pursuant to section
					 2504.2 of this Part, may be
					 maintained unless:
(i) the landlord has given
					 the tenant written notice (the notice to cure) stating the following:
(a) the wrongful acts or omission of the
					 tenant pursuant to section
					 2504.2 of this Part;
(b) the facts necessary to establish the
					 existence of said wrongful acts or omission; and
(c) the date certain by which the tenant must
					 cure said wrongful acts or omission, which date shall be no sooner than 10 days
					 following the date such notice to cure is served upon the tenant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2504 - Evictions › Section 2504.3 - Notices required in proceedings under sections 2504.2 and 2504.4(f) of this Part

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 housing accommodations by court process and no
					 action or proceeding shall be commenced for such purpose upon any of the
					 grounds permitted in section
					 2504.2 of this Part unless and
					 until the landlord shall have given written notice to the tenant and the
					 division as hereinafter provided.
(b) Every notice to a tenant to vacate or
					 surrender possession of housing accommodations shall state the ground under
					 section 2504.2 of this Part upon which the
					 landlord 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
					 2504.2(f) of this
					 Part, at least 15 days prior to the date specified therein for the surrender of
					 possession if the notice is served by mail, then five additional days, because
					 of service by mail, shall be added; or
(2) in the case of a notice on any other
					 ground pursuant to section
					 2504.2 of this Part, at least seven
					 calendar days prior to the date specified therein for the surrender of
					 possession; and, in any event, prior to the commencement of any proceeding for
					 removal or eviction. Such notice may be combined with a notice to cure if
					 required by section
					 2504.2 of this Part and, in such
					 case, the seven-day period provided herein may, if the notice so provides, be
					 included in the 10-day period specified in the notice to cure if the notice is
					 served by mail, then five additional days, because of service by mail, shall be
					 added; or
(3) in the case of a
					 notice pursuant to section
					 2504.4(f) of this
					 Part, at least 90 and not more than 120 days prior to the expiration of the
					 lease term.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2504 - Evictions › Section 2504.4 - Grounds for refusal to renew lease and proceed for eviction

Current through Register Vol. 46, No. 28, July 10, 2024
The landlord shall not be required to offer a renewal
						lease to a tenant, and may maintain an action or proceeding to recover
						possession in a court of competent jurisdiction only upon one or more of the
						following grounds:
(a) Occupancy by
					 owner or immediate family.
(1) An owner, who
					 is a natural person and demonstrates an immediate and compelling need to
					 recover possession of a housing accommodation for their own personal use and
					 occupancy of their residence or for the personal use and occupancy of their
					 immediate family as a primary residence.
(2) The provisions of this subdivision shall
					 not apply where a member of the household is 62 years of age or older, or has
					 been a tenant in a housing accommodation in that building for 15 years or more,
					 or has an impairment which results from anatomical, physiological or
					 psychological conditions, other than addiction to alcohol, gambling, or any
					 controlled substance, which are demonstrable by medically acceptable clinical
					 and laboratory diagnostic techniques, and which are expected to be permanent
					 and which prevent such person from engaging in any substantial gainful
					 employment.
(3) The provisions of
					 this subdivision shall only permit one of the individual owners of any building
					 to recover possession of only one dwelling unit for personal use and
					 occupancy.
(4) No action or
					 proceeding to recover possession pursuant to this subdivision shall be
					 commenced in court unless and until the owner shall have made application to
					 the division and the division has issued an order permitting the owner to
					 commence such action or proceeding in court and, in addition, where such order
					 is subject to certain conditions and terms, until such conditions and terms
					 have been complied with.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.1 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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 accommodations 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 act or this Chapter, or to offer, solicit, attempt or
					 agree to do any of the foregoing.
(b) The term rent as hereinbefore defined
					 shall also include the payment by a tenant of a fee or rental commission to a
					 landlord or to any person or real estate broker where such person or real
					 estate broker is an agent or employee of the landlord or is employed by the
					 landlord in connection with the operation of the building, or where such person
					 or real estate broker manages the building in which the housing accommodation
					 is located, or where the landlord or his employee refer the tenant to such
					 person or real estate broker for the purpose of renting the housing
					 accommodation. Where the landlord has listed the housing accommodation with
					 such person or real estate broker for rental purposes such fact shall be prima
					 facie evidence of the existence of an agency relationship between such other
					 person or real estate broker and the landlord for the purposes of this
					 section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2505 - Prohibitions › Section 2505.2 - Evasion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The legal
					 regulated rents and other requirements provided in this Chapter shall not be
					 evaded, either directly or indirectly, in connection with the renting or
					 leasing or the transfer of a lease of housing accommodations by requiring the
					 tenant to pay, or obligate himself 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.