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 2200.3 - Additional definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Apartment. A room or rooms providing facilities commonly regarded in the city
					 as necessary for a self-contained family unit, but not including housing
					 accommodations in a rooming house or a hotel.
(b) Essential services. Those essential
					 services which the landlord furnished, or which he was obliged to furnish, on
					 April 30, 1962, and which were included in the maximum rent for the housing
					 accommodation on that date. These may include, but are not limited to, the
					 following: repairs, decorating and maintenance, the furnishing of light, heat,
					 hot and cold water, telephone, elevator service, kitchen, bath and laundry
					 facilities and privileges, maid service, linen service, janitor service, and
					 removal of refuse.
(c) Final order.
					 An order shall be deemed to be final on the date of its issuance by the
					 district rent administrator, unless a petition for administrative review (PAR)
					 is filed against such order as provided in section
					 2208.2 of this Title. Where a PAR
					 is filed, the order of the granting district rent administrator shall not be
					 deemed to be final until the date of issuance of the administrator's order
					 granting or denying the PAR, in whole or in part. Notwithstanding the filing of
					 a PAR by either the landlord or the tenant, an order adjusting, fixing or
					 establishing a maximum rent shall continue to remain in effect until further
					 order of the administrator. An order issued by the administrator pursuant to
					 section 2206.5 of this Title shall be
					 deemed to be final on the date of its issuance.
(d) Hotel. Notwithstanding any order,
					 finding, opinion or determination of the State Rent Commission, any
					 establishment which on March 1, 1950 was and still is commonly regarded as a
					 hotel in the city, and which customarily provides hotel services such as maid
					 service, furnishing and laundering of linen, telephone and secretarial or desk
					 use and upkeep of furniture and fixtures, and bellboy service; provided,
					 however, that the term hotel shall not include any establishment which is
					 commonly regarded in the city as a rooming house, nor shall it include any
					 establishment not identified or classified as a hotel, transient hotel or
					 residential hotel pursuant to the Federal Act, irrespective of whether such
					 establishment either provides some services customarily provided by hotels, or
					 is represented to be a hotel, or both.
(e) Hotel tenant. A tenant, subtenant,
					 lessee, sublessee or other person entitled to possession or to the use or
					 occupancy of any housing accommodation within a hotel, who has resided in such
					 hotel continuously since December 2, 1949.
(f) District rent administrator. The person
					 designated by the administrator to administer rent control in the rent district
					 set forth in section
					 2200.8 of this Part, or such person
					 or persons as may be designated to carry out any of the duties delegated to the
					 district rent administrator by the administrator.
(g) District rent office. The Office of the
					 Division of Housing and Community Renewal for a particular rent district, as
					 set forth in section
					 2200.8 of this Part.
(h) Rooming house. In addition to its
					 customary usage, a building or portion of a building, other than an apartment
					 rented for single-room occupancy, in which housing accommodations are rented,
					 on a short-term basis of daily, weekly or monthly occupancy, to more than two
					 occupants for whom rent is paid, not members of the landlord's immediate
					 family. The term shall include boarding houses, dormitories, trailers not a
					 part of a motor court, residence clubs, tourist homes and all other
					 establishments of a similar nature, except a hotel or a motor court.
(i) Single-room occupancy. The occupancy by
					 one or two persons of a single room, or of two or more rooms which are joined
					 together, separated from all other rooms within an apartment in a multiple
					 dwelling, so that the occupant or occupants thereof reside separately and
					 independently of the other occupant or occupants of the same
					 apartment.
(j) Primary residence.
					 Although no single factor shall be solely determinative, evidence which may be
					 considered in determining whether a housing accommodation subject to this
					 Subchapter is occupied as a primary residence shall include, without
					 limitation, such factors as listed below:
(1)
					 specification by an occupant of an address other than such housing
					 accommodation as a place of residence on any tax return, motor vehicle
					 registration, driver's license or other document filed with a public
					 agency;
(2) use by an occupant of
					 an address other than such housing accommodation as a voting address;
(3) occupancy of the housing accommodation
					 for an aggregate of less than 183 days in the most recent calendar year, except
					 for temporary periods of relocation pursuant to section
					 2204.6(d)(1) of
					 this Title; and
(4) subletting of
					 the housing accommodation.