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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.7 - Time of filing answer to protest

Current through Register Vol. 46, No. 28, July 10, 2024
Any person served with a protest as provided in section
						2108.6(b) of this
						Part may, within 15 days from the date of service, file a verified answer
						thereto, by filing the same with the administrator, together with proof of
						service of a copy thereof upon the party filing the protest. The administrator
						may, in his discretion, and for good cause shown, extend the time within which
						to answer.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.8 - Action by administrator

Current through Register Vol. 46, No. 28, July 10, 2024
Within a reasonable time after the filing of the protest
						and the answers, if any, the administrator may:
(a) reject the protest if it is insufficient
					 or defective;
(b) make such
					 investigation of the facts, hold such conferences, and require the filing of
					 such reports, evidence, affidavits, or other material relevant to the
					 proceeding;
(c) forward to or make
					 available for inspection by either party any relevant evidence and afford an
					 opportunity to file rebuttal thereto;
(d) for good cause shown accept for filing
					 any papers, even though not filed within the time required by this
					 Subchapter;
(e) require any person
					 to appear or produce documents or both pursuant to a subpoena issued by the
					 administrator;
(f) grant or order a
					 hearing.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.9 - Final determination by the administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator, on such terms and conditions as he may
						determine, may:
(a) dismiss the
					 protest if it fails substantially to comply with the provisions of the act or
					 this Subchapter;
(b) grant or deny
					 the protest, in whole or in part, or remand the proceeding to the local rent
					 administrator for further action;
(c) in the event that the administrator
					 denies any such protest in whole or in part, the administrator shall inform the
					 party or parties filing the protest of the grounds upon which such decision is
					 based, and of any economic data and other facts of which the administrator has
					 taken official notice.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.10 - Pending protests and remit proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Where a provision of these regulations are amended or an
						applicable statute is enacted or amended during the pendency of a protest or a
						proceeding remitted by a court after judicial review, the determination shall
						be in accordance with the statute or regulation as it existed at the time the
						rent administrator's order was issued, unless the relevant law or regulation
						states otherwise.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.11 - Time within which the Administrator shall take final action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
					 administrator does not act finally within a period of 90 days after a protest
					 if[FN*] filed, or within such extended period as may be fixed by the
					 administrator with the consent of the party filing the protest, the protest
					 shall be deemed to be denied.
(b)
					 If the administrator does not act finally within a period of 90 days after the
					 entry of an order of remand to the administrator by the court in a proceeding
					 pursuant to section
					 2108.13, infra, or within such
					 extended period as may be fixed by the administrator with the consent of the
					 party filing the petition for review under article 78 of the Civil Practice
					 Act, the order previously made by the administrator shall be deemed reaffirmed.
[FN*] So in original. Apparently should read
						"is".
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.12 - Stays

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The filing of a
					 protest against an order, other than an order adjusting, fixing or establishing
					 a maximum rent, within 33 days after the date of the issuance of such order
					 shall stay such order until the final determination of the protest by the
					 administrator. Where the protest is against an order granting a certificate of
					 eviction it shall stay such order as herein provided regardless of whether the
					 waiting period provided in the order has already expired.
(b) The commencement of a proceeding by the
					 administrator to revoke or cancel an order granting a certificate of eviction
					 shall stay such order until the final determination of the proceeding
					 regardless of whether the waiting period in the order has already
					 expired.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.13 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
The filing and determination of a PAR is a prerequisite
						to obtaining judicial review of any provision of this Subchapter or any order
						issued thereunder, except as provided by section 8 of the act. A proceeding for
						review may be instituted under article 78 of the Civil Practice Law and Rules
						provided the petition is filed within 60 days after the issuance date of the
						final determination of the PAR.
Issuance date
is defined as
						the date of mailing of the order. Service of the petition upon the Division of
						Housing and Community Renewal shall be made by either:
(a) personal delivery of the notice of
					 petition and petition to counsel's office at the commission's office, 641
					 Lexington Avenue, New York, NY 10022, or such other address as may be
					 designated by the administrator, and delivering a copy thereof to an Assistant
					 Attorney General at an office of the New York State Attorney General within the
					 State; or
(b) by such other method
					 as is authorized by the Civil Practice Law and Rules.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.14 - Modification or revocation of orders on protest

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
The commissioner, on application of either party or on
						his own initiative, and upon notice to all parties affected, may, prior to the
						date that a petition for judicial review has been commenced in the Supreme
						Court pursuant to article 78 of the Civil Practice Law and Rules, modify,
						supersede or revoke any order issued by him under these or previous regulations
						where he finds that such order was the result of illegality, irregularity in
						vital matters, or fraud. Where an order is modified, superseded or revoked by
						the commissioner he may also direct that all rent collected by the landlord
						and/or by predecessor and successor landlords in excess of the maximum rent be
						refunded to the tenant within 30 days.
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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.15 - Protests against an order of the State rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
Any person aggrieved by an order issued under this
						Subchapter by the State rent administrator may file a protest to the State
						Commissioner of Housing and Community Renewal in the same manner as provided in
						this Subchapter for the filing of a protest against an order of a local rent
						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 B - Rent And Eviction Regulations › Part 2108 - Administrative Review › Section 2108.16 - PARs; time periods, address of office of rent administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wherever the
					 term protest is used in this Part, such term shall be deemed to mean petition
					 for administrative review (PAR).
(b) Wherever reference is made in this Part
					 to a period of time of 33 days, such period of time shall be deemed to be 35
					 days.
(c) Wherever reference is
					 made in this Part to a period of time of 15 days, such period of time shall be
					 deemed to be 20 days.
(d) Except as
					 is otherwise provided in section
					 2108.13 of this Part, wherever
					 reference is made in this Part to the Office of Rent Administration, the
					 address of such office shall be 92-31 Union Hall Street, Jamaica, NY
					 11433.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.1 - When a notice or paper shall be deemed served

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices, orders, petitions for
					 administrative review, answers and other papers may be served personally, by
					 mail, or electronically, as provided in an operational bulletin issued pursuant
					 to section 2109.8 of this Part. Except as
					 otherwise provided by section
					 2108.2 or Part 2110 of this Title,
					 when service, other than by the commission, is made personally or by mail, a
					 contemporaneous affidavit providing dispositive facts by the person making the
					 service or mailing shall constitute sufficient proof of service. When service
					 is by registered or certified mail the stamped post office receipt shall
					 constitute sufficient proof of service. Once sufficient proof of service has
					 been submitted to the commission, the burden of proving nonreceipt shall be on
					 the party denying receipt.
(b) In
					 any proceedings under this Subchapter any notice, order or other process or
					 paper directed to the person named as landlord on the registration statement on
					 file in the local rent office, at the mailing address given thereon, or where a
					 notice of change of identity has been filed in the local rent office, to the
					 person named therein as landlord and at the address given in such notice of
					 change of identity most recently filed, shall constitute notice to such
					 landlord.
(c) Where a notice of
					 appearance has been filed by an attorney, service on the attorney shall be
					 deemed proper service as if made on the party or parties represented.
(d) Unless otherwise expressly provided in
					 this Title, no additional time is required for service by mail of any notice,
					 order, answer, lease offer or other papers, beyond the time period set forth in
					 this Subchapter and such time period provided is inclusive of the time for
					 mailing.
(e) Unless otherwise
					 expressly provided in this Title, no additional time is required to respond or
					 to take any action when served by mail with any notice, order, answer, lease
					 offer, or other papers, beyond the time period set forth in this Subchapter and
					 the time to respond is commenced upon mailing of said notice, order answer,
					 lease offer or other paper.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.2 - Power of subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator or any officer or agent designated by
						the administrator, may administer oaths and affirmations and may, whenever
						necessary, by subpoena require any person to appear and testify or to appear
						and produce documents, or both, at any designated place.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.3 - Production of documents

Current through Register Vol. 46, No. 28, July 10, 2024
The production of a person's documents at any place other
						than his place of business shall not be required in any case in which, prior to
						the return date specified in the subpoena issued with respect thereto, such
						person either has furnished the administrator with a copy of such documents
						certified by such person under oath to be a true and correct copy, or has
						entered into a stipulation with the administrator as to the information
						contained in such documents.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.4 - Action by commission on failure to obey subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
In case of contumacy or refusal to obey a subpoena served
						upon any person, the supreme court in, or for any judicial district in which
						such person is found or resides or transacts business upon application by the
						administrator, shall have jurisdiction to issue an order requiring such person
						to appear and give testimony or to appear and produce documents, or both; and
						any failure to obey such order of the court may be punished by such court as a
						contempt thereof.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.5 - Privilege against self-incrimination

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall be excused from attending and testifying
						or from producing documents or other evidence in obedience to the subpoena of
						the administrator or of any duly authorized officer or agent thereof, on the
						ground that the testimony or evidence required of him may tend to incriminate
						him or subject him to a penalty or forfeiture, but no person shall be
						prosecuted or subjected to any penalty or forfeiture for or on account of any
						transaction, matter or thing concerning which he is compelled, after having
						claimed his privilege against self-incrimination, to testify or produce
						evidence, except that such person so testifying shall not be exempt from
						prosecution and punishment for perjury committed in so testifying. The immunity
						herein provided shall extend only to natural persons so compelled to
						testify.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.6 - Disclosure of information by the administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator shall not publish or disclose any
						information obtained under the act or this Subchapter that the administrator
						deems confidential or with reference to which a request for confidential
						treatment is made by the person furnishing such information, unless the
						administrator determines that the withholding thereof is contrary to the public
						interest.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.7 - Delegation of authority

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may delegate in writing to the local
						rent administrator, or any other person or persons, the authority to carry out
						any of the duties and powers granted to him by the act or this
						Subchapter.
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 B - Rent And Eviction Regulations › Part 2109 - Miscellaneous Procedural Matters › Section 2109.8 - Opinions and official interpretations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Official interpretations of general
					 applicability with respect to the provisions of the act or this Subchapter
					 shall be issued only by the administrator. No interpretation shall be given in
					 response to any hypothetical question.
(b) Any person desiring an opinion as to the
					 applicability of the act or this Subchapter to a specific factual situation,
					 shall make a request in writing for such opinion to the local rent
					 administrator for the locality within which the housing accommodations involved
					 are situated. Such request shall set forth in full the facts out of which the
					 question arises and shall state the name and post-office address of the person
					 or persons making the request and the location of the housing accommodations
					 involved. If there is a pending or closed proceeding in the particular office,
					 or if the inquirer has previously requested an opinion on the same or
					 substantially the same facts, his request shall so indicate. No opinion shall
					 be given in response to any hypothetical question.
(c) Any opinion or official interpretation
					 shall remain in full force and effect unless and until revoked or modified in
					 writing by the official issuing it or 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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual income.
					 For the purposes of this section, annual income shall mean the Federal adjusted
					 gross income as reported on the New York State income tax return.
(b) Total annual income. For the purposes of
					 this section, total annual income means the sum of the annual incomes of all
					 persons who occupy the housing accommodation as their primary residence other
					 than on a temporary basis, excluding bona fide employees of such occupants
					 residing therein in connection with such employment and excluding bona fide
					 subtenants in occupancy pursuant to the provisions of section
					 226-b of
					 the Real Property Law. Where a housing accommodation is sublet, the annual
					 income of the sublessor shall be considered.
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.2 - Income certification forms (ICFs) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.3 - Procedure where total annual income as certified on ICF exceeds threshold (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.4 - Procedure where tenant fails to return ICF or landlord disputes certification (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.5 - Determination by Department of Taxation and Finance (DTF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.6 - Procedure where tenant fails to provide information for determination by Department of Taxation and Finance (DTF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.7 - Mailing of submissions relating to high-income decontrol (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Rent And Eviction Regulations › Part 2110 - Procedures For High Income Rent Decontrol › Section 2110.8 - Jurisdictional authority

Current through Register Vol. 46, No. 28, July 10, 2024
Repealed as of June 14, 2019
(a) Effective June 14, 2019, high rent high
					 income deregulation pursuant to the Emergency Housing Rent Control Law sections
					 8582(2)(m) and 8582-a, otherwise repealed by Chapters 36 and 39 of the Laws of
					 2019, is no longer applicable. Any apartment that was lawfully deregulated
					 pursuant to the Emergency Housing Rent Control Law sections 8582(2)(m) and
					 8582-a shall remain deregulated, notwithstanding that such sections were
					 repealed by Chapters 36 and 39 of the Laws of 2019. For the purposes of this
					 subdivision, lawful deregulation shall be defined as the issuance of an order
					 by the DHCR pursuant to Emergency Housing Rent Control Law sections 8582(2)(m)
					 and 8582-a, which were repealed by Chapters 36 and 39 of the Laws of 2019, and
					 the expiration of any time period contained in such order establishing the date
					 of deregulation which expired prior to June 14, 2019.
(b) Effective June 14, 2019, no further high
					 rent high income deregulation proceedings pursuant to this Title may be
					 commenced, and all pending applications shall be dismissed as not subject to
					 deregulation. For the purposes of this subdivision, an application shall not be
					 considered pending if the subject housing accommodation was lawfully
					 deregulated pursuant to such application prior to June 14, 2019, and such
					 lawful deregulation is subject to review as of June 14, 2019 in a Court of
					 competent jurisdiction, before the commissioner pursuant to a petition for
					 administrative review, or before the rent administrator subsequent to a remand
					 for further consideration by the either the commissioner or a court.
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 2200 - Scope › Section 2200.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations are adopted and promulgated pursuant to
						the powers granted to the Division of Housing and Community Renewal and
						pursuant to the City Rent and Rehabilitation Law (title Y of chapter 51 of the
						Administrative Code of the City of New York, formerly being chapter 41 and
						renumbered by chapter 100 of the Laws of 1963, as amended) and the Local
						Emergency Housing Rent Control Act (chapter 21 of the Laws of 1962) and the
						Omnibus Housing Act (chapter 403 of the Laws of 1983). As used in these
						regulations, the term
Rent Law
shall mean the Rent and
						Rehabilitation Law of the City of New York.
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 2200 - Scope › Section 2200.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall apply to all proceedings pending
						on August 8, 1984.
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 2200 - Scope › Section 2200.5 - Amendment or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
Any provision of these regulations may be amended or
						revoked by the administrator at any time.
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 2200 - Scope › Section 2200.6 - Filing of amendments

Current through Register Vol. 46, No. 28, July 10, 2024
Any amendment or revocation of these regulations shall be
						filed with the Department of State.
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 2200 - Scope › Section 2200.7 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of these regulations or the application
						of such provision to any person or circumstance shall be held invalid, the
						validity of the remainder of these regulations and the applicability of such
						provisions to other persons or circumstances shall not be affected
						thereby.
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 2200 - Scope › Section 2200.8 - District rent office designations and descriptions of portions of city under their jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall apply to all housing
						accommodations located in the City of New York. The rent districts subject to
						the jurisdiction of the several district rent administrators are described as
						follows:
District Rent Office
Rent District
Bronx
Borough of The Bronx
Brooklyn
Borough of Brooklyn
Lower Manhattan
Borough of Manhattan-south side of 110th Street and
								  below
Queens
Borough of Queens
Staten Island
Borough of Staten Island
Upper Manhattan
Borough of Manhattan-north side of 110th Street and
								  above
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 2200 - Scope › Section 2200.9 - Conversion after May 1, 1950

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Upon application of the landlord, the
					 administrator shall issue an order decontrolling additional housing
					 accommodations, other than rooming house accommodations, resulting from
					 conversion of housing accommodations on or after May 1, 1950, if there has been
					 a structural change involving substantial alterations or remodeling and such
					 change has resulted in additional housing accommodations consisting of
					 self-contained family units; 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; and provided, further, that any such order
					 of decontrol shall remain effective after April 30, 1962 only so long as the
					 housing accommodations are not occupied for other than single-family
					 occupancy.
(2) The term
					 self-contained family unit shall mean a housing accommodation with private
					 access, containing two or more rooms, consisting of at least one bedroom and a
					 living room/dining space area in addition to a kitchen (with cooking and
					 refrigeration facilities and a sink), a private bathroom (with a washbasin,
					 toilet and bathtub or enclosed shower), and at least one closet plus an
					 additional closet for each bedroom. Such accommodation shall contain a minimum
					 total area of 395 square feet, exclusive of the area of bathrooms and closets.
					 In lieu of a kitchen, the accommodation may include an enclosed kitchenette or
					 an area in the living room which is either recessed or semienclosed, provided
					 that all of the above-specified kitchen facilities and equipment are within
					 such recessed or semienclosed area. Where, however, the landlord establishes
					 that either the two-room or total floor area requirement, or both, cannot be
					 complied with because of unique or peculiar circumstances, the administrator
					 may waive this requirement if he finds that such waiver is not inconsistent
					 with the purposes of the Rent Law and these regulations and would not be likely
					 to result in the circumvention or evasion thereof.
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 2200 - Scope › Section 2200.10 - Substantial demolition after May 1, 1962

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon application of the landlord, the
					 administrator shall issue an order decontrolling all of the housing
					 accommodations resulting from substantial demolition of a building, provided
					 that:
(1) not less than 50 percent of the
					 housing after reconstruction shall consist of apartments suitable for occupancy
					 by larger families, or not less than 50 percent of the total floor area of all
					 of the housing after reconstruction shall be utilized for apartments suitable
					 for occupancy by larger families;
(2) all other housing accommodations in the
					 building shall comply with at least the minimum requirement for a
					 self-contained family unit, as defined in section
					 2200.9 of this Part; and
(3) all of the housing accommodations meet
					 all of the requirements of law and of the city agencies having jurisdiction
					 thereof, and over the occupancy of such 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 2200 - Scope › Section 2200.11 - Commercial or professional renting of controlled housing accommodations on or after May 1, 1955

Current through Register Vol. 46, No. 28, July 10, 2024
Any housing accommodation subject to these regulations
						which, on or after May 1, 1955, was or may be rented for commercial or
						professional use shall continue to be subject to control, unless the State Rent
						Commission issued an order exempting it from control during the periods of
						occupancy by the tenant, or an order is issued by the administrator exempting
						the housing accommodation from these regulations during the period of occupancy
						by the tenant. Such order shall be issued by the administrator where he finds
						the renting complies with the requirements of law and of city agencies having
						jurisdiction, and was made in good faith without any intent to evade the Rent
						Law or these regulations, and shall be effective as of the date of the
						commercial or professional renting, or May 1, 1962, whichever date 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 2200 - Scope › Section 2200.12 - Withdrawal from rental market

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in these regulations shall be construed to
						require any person to offer any housing accommodations for rent, but housing
						accommodations already on the market may be withdrawn only after an order is
						issued by the administrator under section
						2204.9 of this Title, if such
						withdrawal requires that a tenant be evicted from such
						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 2200 - Scope › Section 2200.13 - Effect of these regulations on leases and other rental agreements

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of any lease or other rental agreement
						shall remain in force pursuant to the terms thereof, except insofar as those
						provisions are inconsistent with the Rent Law or these
						regulations.
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 2200 - Scope › Section 2200.14 - Receipt for rent paid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 payment of rent need be made unless the landlord tenders a receipt. The
					 landlord shall issue to every tenant a rent receipt at the time of each rental
					 payment in the form of cash, or any instrument other than the personal check of
					 the tenant. The written receipt shall contain the date; the amount; the
					 identity of the premises and period for which paid; and the signature and title
					 of the person receiving the rent.
(b) A tenant may request, in writing, that a
					 landlord provide a receipt for rent paid by personal check. If such request is
					 made, the landlord shall provide the tenant with the receipt described in
					 section a of this subdivision. Such request shall, unless otherwise specified
					 by the tenant, remain in effect for the duration of the tenancy.
(c) The landlord shall maintain a record of
					 all cash receipts for rent for at least three years unless a longer period is
					 required by other provisions of this Title.
(d) If a payment of rent is personally
					 transmitted to a landlord, the receipt for such payment shall be issued
					 immediately to a tenant. If a payment of rent is transmitted indirectly to a
					 landlord, a tenant shall be provided with a receipt within fifteen days of the
					 landlord's receipt of a rent payment.
(e) If a landlord fails to receive payment
					 for rent within five days of the date specified in a lease agreement, such
					 landlord shall send the tenant, by certified mail, a written notice stating the
					 failure to receive such rent payment. The failure of the landlord, to provide a
					 tenant with a written notice of the non-payment of rent may be used as an
					 affirmative defense by such tenant in an eviction proceeding based on the
					 non-payment of 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 2200 - Scope › Section 2200.15 - 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 Rent Law or these regulations is 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 2200 - Scope › Section 2200.16 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There is hereby
					 imposed on every building containing housing accommodations subject to these
					 regulations a fee of $3 per controlled housing accommodation. For the purposes
					 of this section, the number of controlled housing accommodations is the number
					 of such accommodations shown on the report form R-23 filed by the landlord or,
					 if no such report was filed, as otherwise shown on the records of the Office of
					 Rent Control, less the number of units for which decontrol orders were issued,
					 or reports of decontrol properly filed pursuant to section
					 2203.2 of this Title, on or before
					 October 1, 1972.
(b)
					 Notwithstanding any other provision of these regulations, if the fee prescribed
					 by this section is not paid on or before December 1, 1972 (or, if a bill for
					 such fee is mailed to the landlord after November 15, 1972, within 17 days of
					 the date of mailing), no increase pursuant to section
					 2201.6 of this Title in the maximum
					 rent collectible from a tenant shall take effect with respect to any housing
					 accommodation in the building until three months after payment of the
					 fee.
(c) This section shall not
					 apply to any building with eight or fewer housing accommodations if such
					 building was owner-occupied on October 1, 1972.
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 2200 - Scope › Section 2200.17 - Biennial fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every landlord
					 shall pay a fee of $30 for each controlled housing accommodation in every
					 building containing housing accommodations subject to these regulations to
					 obtain an order establishing or adjusting the maximum rent, pursuant to section
					 2201.4 or 2201.5 of this Title, for each
					 successive two-year period commencing January 1, 1990. For the purposes of this
					 section, the number of controlled housing accommodations is the number of such
					 accommodations shown on the records of the Division of Housing and Community
					 Renewal, less the number of units for which decontrol orders were issued, or
					 reports of decontrol were properly filed pursuant to section 42 of the New York
					 City Rent and Eviction Regulations or section
					 2203.2 of this Title, on or before
					 October 1, 1981 or October 1st biennially thereafter for each successive
					 two-year period.
(b) The fee for
					 processing and obtaining any order with respect to establishing or adjusting
					 the maximum rent pursuant to section 2201.4 or
					 2201.5 of this Title shall be paid
					 within 30 days of the date of issuance of the landlord's order of eligibility
					 by the Division of Housing and Community Renewal, which shall in no event be
					 refunded. In addition to complying with every other requirement of these
					 regulations applicable to the establishment or adjustment of the maximum rent,
					 the landlord must pay such fee to be eligible for an order establishing or
					 adjusting the maximum rent.
(c)
					 Where a landlord has not paid the fee as required by this section, the
					 administrator may deny, defer or revoke the order establishing or adjusting the
					 maximum rent and any increase in the maximum collectible rent for the biennial
					 period for which the required fee was not paid.
(d) This section shall not apply to any
					 building with eight or fewer housing accommodations if any housing
					 accommodations in such building were owner-occupied on October 1st of the year
					 immediately preceding the biennial period commencing January 1, 1974.
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 2201.2 - Services included in maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
Every landlord shall furnish with housing accommodations
						the same dwelling space and the same essential services, furniture, furnishings
						and equipment as were furnished, or required to be furnished, on April 20, 1962
						or any subsequent date determining the maximum 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 2201 - Maximum Rents › Section 2201.3 - Compensable rent adjustment effective August 1, 1970

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding the provisions of section
					 2201.1 of this Part, effective
					 August 1, 1970:
(1) the maximum rent in effect
					 on July 31, 1970 shall be increased, for any individual housing accommodation
					 where it is less than $60 per month, by $10 per month for a housing
					 accommodation containing less than four rooms and by $15 per month where the
					 housing accommodation contains four or more rooms; or
(2) the maximum rent in effect on July 31,
					 1970 for any housing accommodation having a maximum rent on such date of $60 or
					 more per month:
(i) for which one or more but
					 less than two full 15-percent rent increases have been granted since May 1,
					 1953, pursuant to former section
					 33.2 of the New York City Rent and
					 Eviction Regulations, the maximum rent shall be increased by eight
					 percent;
(ii) for which no full
					 15-percent increase has been granted since May 1, 1953, pursuant to such former
					 section 33.2, the maximum rent shall be
					 increased by 15 percent; except that:
(a) if
					 there was no such increase for any individual housing accommodation made
					 subject to these regulations pursuant to section
					 2200.2(e)(2) or
					 (3) thereof, for which a first rent was
					 established after July 31, 1965 and before August 1, 1968, the maximum rent
					 shall be increased five percent; and
(b) if there was no such increase for any
					 individual housing accommodation made subject to these regulations, pursuant to
					 section 2200.2(e)(2) or
					 (3) thereof, for which a first rent was
					 established on or after August 1, 1968, there shall be no increase in the
					 maximum rent.
(i) For
					 the purposes of this section, the term
room
shall not include
					 bathroom, foyer, windowless room, and shall be limited to living room, kitchen
					 (other than an enclosed kitchenette or an area in the living room which is
					 either recessed or semienclosed), dining room (other than a dinette or dining
					 alcove) and bedrooms.
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 2201.4 - Maximum base rents effective January 1, 1972

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 Effective January 1, 1972, the administrator shall establish new maximum rents
					 for housing accommodations subject to these regulations. Subject to the
					 provisions of section
					 2201.6 of this Part governing
					 collectibility, such new maximum rent for each housing accommodation shall be
					 the maximum base rent derived by apportioning the maximum gross building rental
					 computed pursuant to subdivision (b) of this section among the individual
					 housing accommodations in the property in accordance with subdivision (e) of
					 this section.
(2) Except as
					 otherwise provided, the application of this section shall be based upon the
					 reports submitted pursuant to sections 2201.3 and
					 2203.9 of this Title, as modified
					 or adjusted by the administrator.
(3) This section shall not apply to housing
					 accommodations for which first rents were established pursuant to section
					 2201.1(b), 2202.3
					 or 2202.22 of this Title where the
					 rehabilitation or improvement of substandard or deteriorated housing
					 accommodations was financed under a governmental program providing assistance
					 through loans, loan insurance or tax abatement, or has been undertaken under
					 another rehabilitation program no so financed but approved by the
					 administrator.