New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2202 - Adjustments; Determination Of Rents And Services › Section 2202.23 - Order where apartment is rented to more than one tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On and after February 1, 1952, where an
					 apartment, in whole or in part, is rented or sought to be rented to more than
					 one tenant, the landlord shall file an application with the administrator to
					 fix maximum rents for the units or portions of such apartment. Such application
					 shall set forth the present maximum rent for the apartment, the furniture,
					 furnishings, facilities, equipment and other services added or proposed to be
					 added, the number of occupants and the space to be occupied by each tenant in
					 such apartment, the terms and conditions of occupancy, and all other data which
					 may be required by the administrator. In fixing the maximum rent, the
					 administrator shall apportion the previous maximum rent for the entire
					 apartment among the tenants in proportion to the space they occupy, and shall
					 add thereto the increased rental value of any furniture, furnishings,
					 facilities and equipment added by the landlord. Where the landlord has
					 satisfied all of the requirements of the authorities having jurisdiction over
					 the physical conversion and over the occupancy of the changed housing
					 accommodations, the administrator, in fixing maximum rents for individual
					 tenants, shall also take into consideration all factors bearing on the equities
					 involved, including the cost of any physical conversion or alteration. If there
					 was no previous maximum rent for the entire apartment, the administrator, prior
					 to making the apportionment and fixing a maximum rent for each tenant as
					 hereinabove required, shall establish a maximum rent for the entire apartment,
					 having regard for the maximum rents for comparable housing accommodations, or
					 any factors bearing on the equities involved, consistent with the purposes of
					 the Rent Law. Unless and until an order is issued by the administrator fixing
					 maximum rents for the individual tenants of the apartment, the aggregate
					 maximum rent for all of the tenants in the apartment shall be the maximum rent
					 previously established for the apartment. All orders issued under this section
					 shall be effective as of the date of first renting.
(b) Where no application has been made under
					 this section, the administrator at any time, upon written request of a tenant
					 or on his own initiative, may issue an order pursuant to this section fixing or
					 establishing a maximum rent for each of the individual tenants in the
					 apartment, effective as of the date of such renting. In fixing such maximum
					 rents for the individual tenants, the administrator shall use the standards
					 prescribed in subdivision (a) of this section. Such order may contain a
					 directive that all rent collected in excess of the maximum rent established
					 under this subdivision, during the period beginning no earlier than two years
					 prior to the date of the filing of the tenant's statement of violations, if
					 any, or the date of the commencement of the proceeding to fix or establish the
					 maximum rent, whichever date is earlier, shall be refunded to the tenant,
					 together with six percent interest from the date of each such excessive payment
					 of rent, within 30 days after such order shall become final.