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 A - Administration › Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings › Section 2051.1 - Proceedings before the hearings unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preliminary matters. After a proceeding
					 has been referred for hearing to the hearings unit, a review of the file shall
					 be made to insure that the proceeding was properly instituted and affected
					 parties have received proper notice, with an opportunity to answer, in
					 accordance with the rules governing proceedings before the Division of Housing
					 and Community Renewal (DHCR) as enunciated in the State Rent and Eviction
					 Regulations, the City Rent and Eviction Regulations, and the Tenant Protection
					 Regulations.
(b) Subsequent
					 pleadings - amendments to complaint, application or answer.
(1) Right to amend. The DHCR or the parties
					 shall have the right reasonably and fairly to amend the complaint, application
					 or answer.
(2) Applicant's right.
(i) The applicant, including a complainant,
					 has the right to amend the proceeding in writing prior to an answer being
					 filed.
(ii) The applicant has the
					 right to amend the complaint or application by addition or deletion in writing
					 after an answer has been filed at the discretion of the DHCR.
(iii) After a notice of hearing has been
					 served on the parties, amendments to the pleadings are subject to the
					 discrection of the administrative law judge.
(3) Authority to amend. The authority of the
					 DHCR to amend any aspect of the proceeding may be exercised by the
					 commissioner, counsel, or a deputy counsel, or the chief or deputy chief of the
					 Enforcement/Compliance Bureau, who may add new parties, particulars or charges
					 in their discretion or at the direction of the administrative law
					 judge.
(4) Service. Any amendment
					 to a proceeding shall be served upon all parties unless made upon the record at
					 a public administrative hearing.
(5) Amended answer. When a complaint is
					 amended after an answer has been filed but before the hearing, each respondent
					 may file an amended answer with the DHCR at least two business days prior to
					 the hearing. If the amendment of the complaint is made during the
					 two-business-day period prior to the scheduled hearing, or at the hearing, the
					 hearing may be adjourned for at least two business 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 A - Administration › Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings › Section 2051.2 - Action by the administrative law judge

Current through Register Vol. 46, No. 28, July 10, 2024
At any stage of a proceeding after a matter has been
						referred to the hearings unit, an administrative law judge or the chief
						administrative law judge may:
(a)
					 Recommend rejection of the complaint or application with or without prejudice,
					 at the discretion of the DHCR and without the conduct of a hearing, if it is
					 insufficient or defective.
(b)
					 Direct investigation of the facts, including inspections, hold conferences, and
					 require the filing of reports, evidence, affidavits or other material relevant
					 to the proceeding.
(c) Forward to
					 or make available for inspection by either party, any relevant evidence except
					 where protected by privilege, 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
					 regulation.
(e) Require any person
					 to appear or produce documents or both pursuant to a subpoena issued by the
					 DHCR.
(f) Forward to either party a
					 notice of action proposed to be taken.
(g) On his own motion or upon application of
					 any affected owner or tenant, direct the consolidation of proceedings which
					 have at least one ground in common, or which are applicable to the same
					 building or group of buildings or development, notwithstanding that the housing
					 accommodations affected may be subject to differing regulations; and in any
					 such consolidated proceedings, the determination with respect to any housing
					 accommodation shall be made in accordance with the appropriate law or
					 regulation applicable to such accommodations. Proceedings may be severed
					 subsequent to consolidation for good cause shown.
(h) Sever issues within a proceeding for
					 purposes of recommending the issuance of an order and determination with
					 respect to certain issues while reserving other issues for subsequent
					 recommended determination.
(i)
					 Recommend the issuance of conditional or provisional determinations as he may
					 deem appropriate under the circumstances. A copy of any order issued shall be
					 forwarded to all parties to the proceeding by the DHCR and otherwise as the
					 DHCR directs.
(j) Recommend the
					 termination of a proceeding based on the default of an applicant or
					 complainant.
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 A - Administration › Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings › Section 2051.3 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) The term administrative law judge means
					 any person appointed as a hearing officer or examiner to hear proceedings in
					 accordance with the provisions of the law and to conduct such other and further
					 hearings in connection therewith as may be required, and to report findings to
					 the commissioner or the district rent administrator as the case may
					 be.
(2) The term chief
					 administrative law judge shall mean that administrative law judge designated to
					 supervise the administrative law judges and designated as the chief of the
					 hearings bureau.
(3) Any word or
					 term which is defined in the law or regulations shall have the same meaning
					 when used herein.
(4) When used in
					 this Part, unless a different meaning clearly appears from the context, the
					 term law shall mean and include any one or more of the following: the Rent
					 Stabilization Law, the Emergency Tenant Protection Act of 1974, the New York
					 City Rent and Rehabilitation Law, the Emergency Housing Rent Control Law, and
					 all amendments thereto. The term regulationshall mean and include any one or
					 more of the following: the Rent Stabilization Code, the State and City Rent and
					 Eviction Regulations and the Emergency Tenant Protection 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 A - Administration › Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings › Section 2051.5 - Administrative review

Current through Register Vol. 46, No. 28, July 10, 2024
Persons who may file. Any person aggrieved by an order
						issued by a district rent administrator may file a petition for administrative
						review (PAR) with the commissioner in the manner provided in Operational
						Bulletin Number 84-1 and any supplements thereto.
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 A - Administration › Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings › Section 2051.6 - Limitations; severability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 Part shall not act in any manner so as to limit any powers of the commissioner
					 or any designated officer or employee of the DHCR as provided for by law or
					 regulation.
(b) If any provision of
					 this Part or the application thereof to any person or circumstance shall be
					 held invalid, the validity of the remainder of this Part and the applicability
					 thereof 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 B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244, as amd.
(a) These regulations are adopted and
					 promulgated pursuant to the powers granted to the Division of Housing and
					 Community Renewal, referred to herein otherwise as The Commission.
(b) Repealed
(c) Repealed
(d) Repealed
(e) Repealed
(f) Repealed
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 2100 - Scope › Section 2100.3 - Additional definitions

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244; L. 1971, ch. 371, 373, 374, 383, and
						599.
(a)
Administrator.
Prior to July 1, 1964, the State rent administrator or
						such other person or persons as the administrator may designate to carry out
						the powers and duties delegated to him by the act. Effective July 1, 1964, the
						Commissioner of Housing and Community Renewal or such other person or persons
						as he may designate to carry out the powers and duties previously delegated to
						the State rent administrator by the act and now delegated to the Division of
						Housing and Community Renewal by chapter 244 of the Laws of
						1964.
(b)
Office of
					 Rent Administration.
The Office of the Division of Housing and Community
						Renewal established by the Commissioner of Housing and Community Renewal to
						administer rent control under this Subchapter.
(1) State Rent Administrator of the Office of
					 Rent Administration of the Division of Housing and Community Renewal. The
					 person designated by the Commissioner of Housing and Community Renewal to
					 administer rent control under the regulations and to carry out any of the
					 duties delegated to him by the Commissioner of Housing and Community
					 Renewal.
(2) Director of Litigation
					 and Review of the Office of Rent Administration of the Division of Housing and
					 Community Renewal. The person designated by the Commissioner of Housing and
					 Community Renewal to carry out the duties related to protests, judicial review,
					 appeals, and enforcement of this Subchapter in the administration of rent
					 control.
(3) Director of Operations
					 of the Office of Rent Administration of the Division of Housing and Community
					 Renewal. The person designated by the Commissioner of Housing and Community
					 Renewal to supervise the operations of the local rent offices and local rent
					 administrators in the administration of rent control under this
					 Subchapter.
(4) Local rent
					 administrator. The person designated by the Commissioner of Housing and
					 Community Renewal to administer rent control in a local rent area set forth in
					 section 2100.8 of this
					 Part.
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 2100 - Scope › Section 2100.4 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter shall become effective March 15,
						1951.
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 2100 - Scope › Section 2100.5 - Amendment or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
Any provision of this Subchapter may be amended or
						revoked by the commissioner 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 B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.6 - Filing of amendments

Current through Register Vol. 46, No. 28, July 10, 2024
Such amendment or revocation shall be filed with the
						Secretary of State and shall take effect upon the date of filing unless
						otherwise specified therein.
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 2100 - Scope › Section 2100.7 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subchapter or the application of
						such provisions to any persons or circumstances shall be held invalid, the
						validity of the remainder of this Subchapter 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 B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.8 - Local areas subject to control.*

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
Except as hereinafter provided in sections
						2100.9 and
						2100.10 of this Subchapter (which
						describe housing accommodations not subject to rent control and housing
						accommodations exempted by this Subchapter), this Subchapter shall apply to all
						housing accommodations located in the counties, cities, towns and villages
						listed below, and as same may be hereafter amended.
Local rent administration
									 office
Local rent
									 areas
Albany
In Albany County, the Cities of Albany and
								  Watervliet, the following towns: Bethlehem, Green Island and New Scotland, and
								  the following villages: Green Island, Voorheesville.
In Rensselaer County, the City of Rensselaer, the
								  following towns: Hoosick and North Greenbush and the Village of Hoosick
								  Falls.
In Schenectady County, the Towns of Niskayuna and
								  Princetown.
Buffalo
In Erie County, the City of Buffalo, the Town of
								  Cheektowaga, and the Villages of Depew and Sloan.
Hempstead
Nassau County-all cities, towns, and
								  villages-except the Villages of East Rockaway, Garden City, Great Neck Estates,
								  Great Neck Plaza, Island Park, Lynbrook, Rockville Centre, Thomaston, and
								  Woodsburgh.
To June 1, 1974:
Syracuse Branch Office
In Monroe County, the Towns of Brighton, Greece and
								  Irondequoit.
In Oneida County, the City of Sherrill and the
								  following towns: Bridgewater, Deerfield, Floyd, Marcy, Marshall, Sangerfield,
								  Trenton, Vernon, Verona and Westmoreland.
Onondaga County.
White Plains
In Westchester County, the Cities of Mount Vernon,
								  New Rochelle, White Plains and Yonkers, the following towns: Cortland,
								  Eastchester, Greenburgh, Harrison, Mamaroneck, Ossining, Rye, and Yorktown and
								  the following villages: Ardsley, Croton-on-Hudson, Dobbs Ferry,
								  Hastings-on-Hudson, Larchmont, Mamaroneck, North Pelham, North Tarrytown,
								  Pelham Manor, Port Chester, Tarrytown, and Tuckahoe.
Footnotes
* For areas decontrolled by order, see Part 2150 of this
						Title.
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 2100 - Scope › Section 2100.10 - Housing accommodations subject to rent control, but exempted from control by this Subchapter

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter shall not apply to the following housing
						accommodations only so long as they meet the specific requirements hereinafter
						set forth:
(a) Farming tenants.
					 Housing accommodations situated on a farm and occupied by a tenant who is
					 engaged for a substantial portion of his time in farming operations
					 thereon.
(b) Service employees.
					 Dwelling space occupied by domestic servants, superintendents, caretakers,
					 managers, or other employees to whom the space is provided as part or all of
					 their compensation without payment of rent and who are employed for the purpose
					 of rendering services in connection with the premises of which the dwelling
					 space is a part.
(c) Summer resort
					 housing. Housing accommodations located in a resort community and customarily
					 rented or occupied on a seasonal basis prior to October 1, 1945, which were not
					 rented during any portion of the period beginning on November 1, 1943 and
					 ending on February 29, 1944. This exemption shall apply only as long as the
					 housing accommodations continue to be rented on a seasonal basis and shall be
					 effective only from June 1 to September 30, inclusive.
(d) Nonprofit clubs. Rooms in a bona fide
					 club certified by the administrator as exempt. The administrator may so certify
					 if on written request of the landlord the club establishes that it is a
					 nonprofit organization and is recognized as such by written statement of the
					 Bureau of Internal Revenue; that it rents rooms only to members, bona fide
					 guests of members, and members of bona fide clubs with which the club has
					 reciprocal arrangements for the exchange of privileges; and that it is
					 otherwise operated as a bona fide club.
(e) College fraternity or sorority houses.
					 Rooms in a bona fide college fraternity or sorority house certified by the
					 administrator as exempt. The administrator may so certify if, the landlord
					 establishes that the fraternity or sorority is a bona fide organization
					 operated for the benefit of students and not for profit as a commercial or
					 business enterprise. This exemption shall not apply when the rooms are rented
					 to persons who are not members of the fraternity or sorority.
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 2100 - Scope › Section 2100.11 - Conversions after May 1, 1950

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Any housing accommodations resulting from conversion of housing accommodations
					 created on or after May 1, 1950 shall continue to be subject to rent control
					 unless the administrator issues an order decontrolling them which he shall do
					 if there has been a structural change in a residential unit or units 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, only so long as such tenant continues in occupancy.
					 Such order shall be effective as of the date of the completion of such
					 conversion. Where the date of first renting is prior to the date of completion
					 the landlord may make application for an order establishing a maximum rent
					 pursuant to section
					 2102.6(a) of this
					 Title. Such maximum rent shall remain in effect until further order of the
					 administrator pursuant to this section.
(1)
					 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), having a minimum total area
					 of 410 square feet for the foregoing rooms, and a private bathroom (with a wash
					 basin, toilet and bathtub or enclosed shower). Such accommodation shall also
					 contain at least one closet plus an additional closet for each bedroom which
					 shall not be included in the computation of the total floor area. 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
					 semi-enclosed 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 where he finds that such waiver is not inconsistent with the
					 purposes of the act or this Subchapter 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 B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.12 - Withdrawal from rental market

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Subchapter shall be construed to require
						any person to offer any housing accommodations for rent, but housing
						accommodations already on the rental market may be withdrawn only after an
						order is issued by the administrator under section
						2104.9 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 B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.13 - 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 this Subchapter
						which may be rented on or after May 1, 1955 for commercial or professional use
						shall continue to be subject to control and the landlord may not collect more
						than the maximum rent until an order is issued by the administrator exempting
						the housing accommodation from this Subchapter during the period of occupancy
						by the tenant. Such order shall be issued by the Administrator where he finds
						that the renting was made in good faith without any intent to evade the Act or
						this Subchapter and shall be effective as of the date of the commercial or
						professional renting.
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 2100 - Scope › Section 2100.14 - Effect of this Subchapter 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 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 2100 - Scope › Section 2100.15 - 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 provided 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 B - Rent And Eviction Regulations › Part 2100 - Scope › Section 2100.16 - 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.
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 2100 - Scope › Section 2100.17 - Substitution of applicable dates

Current through Register Vol. 46, No. 28, July 10, 2024
Parts 2100 to 2109, inclusive, of this Subchapter are
						applicable to housing accommodations within the city of Albany; provided,
						however, that wherever March 1, 1950 appears therein, April 1, 1962 shall be
						substituted, and wherever May 1, 1950 appears therein, June 30, 1963 shall be
						substituted.
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 2100 - Scope › Section 2100.18 - Housing accommodations which are not the primary residence of the tenant in possession

Current through Register Vol. 46, No. 28, July 10, 2024
Any housing accommodations on or after May 1, 1972 which
						are not occupied by the tenant in possession as their primary residence shall
						continue to be subject to rent control unless the administrator issues an order
						decontrolling such accommodation, which the administrator shall do upon
						application by the landlord, whenever, it is established by any facts and
						circumstances which, in the judgment of the administrator, may have a bearing
						upon the question of residence, that the tenant maintains his primary residence
						at some place other than at such housing accommodation. For the purposes of
						determining primary residency, a tenant who is a victim of domestic violence,
						as defined in section
						four hundred
						fifty-nine-a of the social services law, who has left
						the unit because of such violence, and who asserts an intent to return to the
						housing accommodation shall be deemed to be occupying the unit as his or her
						primary residence. In addition, a tenant who has left the housing accommodation
						and is paying a nominal rent pursuant to Part 2102.4 of this Title shall be
						deemed to be occupying the unit as his or her primary
						residence.
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 2101 - Maximum Rents › Section 2101.2 - Maximum rents for housing accommodations in hotels

Current through Register Vol. 46, No. 28, July 10, 2024
In the City of Buffalo, the maximum rent payable by any
						hotel tenant is the rent established on March 1, 1950 by Local Law No. 3 of the
						City of Buffalo for the year 1947. This shall include any adjustment granted by
						the Temporary City Housing Rent Commission of the City of Buffalo pursuant to
						the provisions of the said local law; except that where there was no maximum
						rent established by such local law on March 1, 1950, the maximum rent payable
						by any hotel tenant shall be the amount of rent payable on that
						date.
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 2101 - Maximum Rents › Section 2101.3 - Maximum rents for housing accommodations, including equalization adjustment effective May 1, 1953

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding
					 the provisions of sections 2101.1 and
					 2101.2 of this Part, on and after
					 May 1, 1953, the maximum rent for any housing accommodations shall be not less
					 than the maximum rent in effect on March 1, 1943, pursuant to the Federal act
					 but, if no such maximum rent for a housing accommodation was in effect on March
					 1, 1943, then the maximum rent shall be the maximum rent first established
					 pursuant to the Federal act prior to July 1, 1947, plus 15 percent thereof as
					 such sum is adjusted to reflect:
(1) the
					 amount of any decreases in maximum rent required by order because of decreases
					 in dwelling space, services, furniture, furnishings or equipment or because of
					 substantial deterioration or failure to properly maintain such housing
					 accommodation; and
(2) the amount
					 of any increases in maximum rent authorized because of increases in dwelling
					 space, services, furniture, furnishings or equipment or because of major
					 capital improvements.
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 2101 - Maximum Rents › Section 2101.4 - Maximum rents on and after June 30, 1961 for housing accommodations where rent adjustments were ordered pursuant to section 2102.3(b)(5)

Current through Register Vol. 46, No. 28, July 10, 2024
Any adjustments in maximum rents ordered by the
						administrator on and after June 30, 1961, and resulting in an increase thereof
						solely by reason of the amendments made by chapter 337 of the Laws of 1961 to
						paragraph (a) of subdivision (4) of section 4 of the Act which provided for the
						application of the most recent equalization rate, rather than the equalization
						rate for the year 1954, are hereby rescinded and nullified, provided, however,
						that no right is conferred by this section to recover any such increase
						heretofore paid.
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 2101 - Maximum Rents › Section 2101.5 - Services included in the maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
Every landlord shall provide with housing accommodations,
						the same dwelling space and the same essential services, furniture, furnishings
						and equipment as were provided, or were required to be provided, on March 1,
						1950 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 B - Rent And Eviction Regulations › Part 2102 - Adjustments › Section 2102.1 - Maximum rents

Current through Register Vol. 46, No. 28, July 10, 2024
Maximum rents may be increased or decreased only by order
						of the administrator except as hereinafter specified, or as otherwise provided
						by law.
(a) Where a maximum rent
					 established pursuant to this chapter on or after January first, two-thousand
					 twenty, is higher than the previously existing maximum rent, the landlord may
					 not collect an increase from a tenant in occupancy in any one-year period of
					 more than the lesser of either seven and one-half percentum or an average of
					 the previous five years of one-year rent adjustments on rent regulated
					 apartments as established by the local county rent guidelines board, pursuant
					 to the Emergency Tenant Protection Act. If the period for which the rent is
					 established exceeds one year, regardless of how the collection thereof is
					 averaged over such period, the rent the landlord shall be entitled to receive
					 during the first twelve months shall not be increased by more than the lesser
					 of either seven and one-half percentum or an average of the previous five years
					 of one-year rent adjustments on rent regulated apartments as established by the
					 local county rent guidelines board, pursuant to Emergency Tenant Protection
					 Act, over the previous rent. Any additional annual rents shall not exceed the
					 lesser of either seven and one-half percentum or an average of the previous
					 five years of one-year rent adjustments on rent regulated apartments as
					 established by the local county rent guidelines board, Emergency Tenant
					 Protection Act, of the rent paid during the previous year. If there is no local
					 county rent guidelines board, the adjustments by the county rent guidelines
					 board in closest geographical proximity should be used.
(b) No annual rent increase authorized
					 pursuant to this act shall exceed the average of the previous five annual
					 rental adjustments authorized by a rent guidelines board for a rent stabilized
					 unit pursuant to section 4 of the emergency tenant protection act of nineteen
					 seventy-four.
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 2102 - Adjustments › Section 2102.2 - Effective date of orders adjusting rents

Current through Register Vol. 46, No. 28, July 10, 2024
No order increasing or decreasing a maximum rent
						previously established pursuant to this Subchapter shall be effective prior to
						the date on which the order is issued.
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 2102 - Adjustments › Section 2102.3 - Grounds for increase of maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) This section sets forth specific
					 standards for the increase of a maximum rent. In applying these standards and
					 entering an order adjusting a maximum rent, the Administrator shall take into
					 consideration all factors bearing on the equities involved, subject to the
					 general limitation that the adjustment can be put into effect without
					 dislocation and hardship inconsistent with the purposes of the Act.
(2) The Administrator shall have the power to
					 revoke or modify any adjustment granted hereunder if there has been a
					 substantial change in the basis upon which such adjustment was
					 granted.
(3) No landlord shall be
					 entitled to any increase in the maximum rent under this section unless the
					 landlord certifies that it is maintaining all essential services provided or
					 required to be provided with the housing accommodations involved as of the date
					 of the issuance of the order adjusting the maximum rent and that it will
					 continue to maintain such services so long as the increase in such maximum rent
					 continues in effect; nor shall any landlord be entitled to any increase in the
					 maximum rent in any case where a municipal department having jurisdiction
					 certifies that the housing accommodation is a fire hazard, or is in a continued
					 dangerous condition or detrimental to life or health, or is occupied in
					 violation of law.
(4) The total of
					 all adjustments for any individual housing accommodation granted under
					 subdivisions (g) and (i) of this section shall not exceed 15 per cent for any
					 12-month period, except as provided in paragraph (4) of subdivision (g) of this
					 section.
(5) That portion of the
					 amount of increase computed under subdivisions (g), (h) and (i) of this section
					 as is properly attributable to the controlled housing accommodations shall be
					 apportioned among them so that each bears an equitable portion thereof. In
					 making such apportionment and in fixing the increases in maximum rents the
					 Administrator shall give due consideration to all previous adjustments or
					 increases in maximum rents by lease or otherwise. Each controlled housing
					 accommodation shall bear no more than that portion of the amount of increase as
					 is properly attributable to such housing accommodation, whether or not the
					 amount so attributed shall be fully collectible by reason of existing
					 lease.
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 2102 - Adjustments › Section 2102.4 - Grounds for decrease of maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator at any time, on his own initiative, or
						on application of the owner or tenant, may order a decrease of the maximum rent
						otherwise allowable, only on the grounds that:
(a)
(1)
					 Where a maximum rent has been established for a housing accommodation, other
					 than in a rooming house, pursuant to section
					 2101.1(d) of this
					 Title, and the landlord has filed a proper and timely registration statement
					 pursuant to section
					 2103.3 of this Title, the
					 administrator may order a decrease in the maximum rent where such maximum rent
					 is substantially higher than the maximum rents for comparable housing
					 accommodations, giving due consideration to any factors bearing on the equities
					 involved.
(2) Where a maximum rent
					 has been established for housing accommodations in rooming houses pursuant to
					 section 2101.1(d), (e) or
					 (h) of this Title, and the landlord has filed
					 a proper and timely registration statement pursuant to section
					 2103.3 of this Title, the
					 administrator may order a decrease in the maximum rent where such maximum rent
					 is substantially higher than the maximum rents for comparable accommodations.
					 Such comparability shall be limited to comparable accommodations in the same
					 establishment, if any. The administrator may also order a decrease in the
					 maximum rent where such maximum rent is based on a change in the number of
					 occupants or the terms of occupancy and is higher than the amount by which the
					 landlord customarily varied the rent for such number of occupants or terms of
					 occupancy as reflected by the maximum rents for such rooms or units and terms
					 of occupancy in effect on March 1, 1950, and where the landlord had no such
					 customary variation and the maximum rent established upon a change in the
					 number of occupants or the terms of occupancy is more than the rental value of
					 such changed occupancy. In all such cases the administrator may take into
					 consideration any factors bearing on the equities involved.
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 2102 - Adjustments › Section 2102.5 - Decrease of services: application, order or report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 Until the accommodations become vacant the landlord shall maintain the same
					 dwelling space, essential services, furniture, furnishings and equipment as
					 required under section
					 2101.5 of this Title unless and
					 until he has filed an application to decrease the dwelling space, essential
					 services, furniture, furnishings, or equipment and an order permitting a
					 decrease has been entered thereon by the administrator.
(2) On or after May 1, 1955 the removal of
					 furniture or furnishings from housing accommodations rented as furnished,
					 whether or not such removal is consented to by the tenant, shall constitute a
					 decrease in service.
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 2102 - Adjustments › Section 2102.8 - Rent adjustments upon succession

Current through Register Vol. 46, No. 28, July 10, 2024
Where all tenants occupying a housing accommodation on
						June 19, 1997 have permanently vacated such housing accommodation, and a
						primary-resident family member of such vacating tenant or tenants (first
						successor) is entitled to and continues to occupy the housing accommodation
						subject to the protection of this Subchapter, as provided in section
						2104.6 of this Title, and
						thereafter permanently vacates the housing accommodation, if such accommodation
						continues to be subject to the act and this Subchapter after such family member
						vacates, and a primary-resident family member (second successor) is entitled to
						and continues to occupy the housing accommodation subject to the protections of
						this Subchapter, as provided in section
						2104.6 of this Title, the maximum
						collectible rent shall be increased by a sum equal to the allowance then in
						effect for vacancy leases for housing accommodations subject to the Rent
						Stabilization Law of 1969, including the amount allowed by paragraph 5-a of
						subdivision c of section 26-511 of such law. Such increase shall be in addition
						to any other increases provided for in this Subchapter, including adjustments
						pursuant to section
						2102.3 of this Part, and shall be
						applicable in like manner to the maximum collectible rent that may be charged
						each second subsequent succeeding family member.
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 2102 - Adjustments › Section 2102.9 - 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 landlord to install a washing machine,
					 dryer or dishwasher, whether permanently installed or portable, and the
					 landlord consents, the landlord may collect surcharges, without notification to
					 or approval by the administrator in an amount specified in an operational
					 bulletin to be issued by the administrator pursuant to section
					 2109.8 of this Title. The
					 surcharges authorized by this section shall not be part of the maximum
					 rent.
(b)
(1) Where a prior installation by a tenant of
					 a washing machine, dryer or dishwasher comes to the attention of the landlord
					 and the landlord 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 landlord 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 landlord may continue the charge,
					 which may also continue to be included in the maximum rent, if such was the
					 prior practice.
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 2102 - Adjustments › Section 2102.10 - Surcharges for submetered electricity or other utility service

Current through Register Vol. 46, No. 28, July 10, 2024
Where a landlord acts as a provider of a utility service
						(including, but not limited to electricity, gas, cable, or telecommunications),
						the landlord may collect surcharges which shall not be part of the maximum rent
						and shall not be subject to this Subchapter. As of June 14, 2019, fuel
						pass-along to tenants under rent control is prohibited. Notwithstanding any
						other provision of law, rule, regulation, chapter or administrative code,
						tenants of housing accommodations which are subject to rent control under this
						chapter shall not be subject to a fuel adjustment or pass-along increase in
						rent and any such increase to such tenant shall be null and
						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 B - Rent And Eviction Regulations › Part 2102 - Adjustments › Section 2102.11 - 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.