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 2103 - Registrations And Records › Section 2103.1 - Registration of housing accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise specifically provided by this
						Subchapter, every landlord of housing accommodations rented or offered for rent
						shall file a written statement on the form provided therefor, containing such
						information as the Administrator may require, to be known as a registration
						statement, unless a registration statement was heretofore filed in accordance
						with the rent regulations promulgated pursuant to the federal Act or unless the
						maximum rent for such housing accommodations is prescribed by subdivisions (i)
						or (j) of section
						2101.1, supra.
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 2103 - Registrations And Records › Section 2103.2 - Report on decontrol of certain housing accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
The landlord of a housing accommodation specified in
						subdivisions (k), (l), (m), (n), (p), (r), (s), and (t) of section
						2100.9,
supra,
shall file a report of such decontrol upon forms prescribed by the commissioner
						within 30 days following the date of first rental of such accommodations after
						decontrol.
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 2103 - Registrations And Records › Section 2103.3 - First rents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For housing
					 accommodations first rented after March 1, 1950, or where there has been a
					 change thereafter in a rooming house in the number of occupants or terms of
					 occupancy, such registration statement shall be filed by May 15, 1950, or
					 within 15 days after first renting, whichever is later.
(b) For housing accommodations in rooming
					 houses created by conversion on or after February 1, 1947, including those
					 decontrolled by order pursuant to the Federal Act or this Subchapter, such
					 registration statement shall be filed by July 31, 1959, or within 15 days after
					 first renting, whichever 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 B - Rent And Eviction Regulations › Part 2103 - Registrations And Records › Section 2103.4 - Change of ownership

Current through Register Vol. 46, No. 28, July 10, 2024
Where, since the filing of the registration statement for
						any housing accommodations, there has been a change in the identity of the
						landlord, by transfer of title or otherwise, and no notice of such change has
						been filed, the successor landlord shall file a notice, on a form provided for
						that purpose, within 15 days after the change. In addition to any other
						address, the owner shall provide an actual, physical street address from which
						it conducts business and where the owner or an agent is authorized to accept
						service of documents, subpoenas or requests. In the absence of such form, DHCR
						may serve all notices on the last registered owner or in any proceeding where
						the owner has appeared whether in a rent control or rent stabilized
						administrative proceeding, at such address given in the
						proceeding.
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 2103 - Registrations And Records › Section 2103.5 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
Any notice, order or other process or paper directed to
						the person named in the registration statement as the landlord at the address
						given therein, or where a notice of change in identity has been filed, to the
						person named as landlord and at the address given in the most recent such
						notice, shall constitute notice to the person who is then the
						landlord.
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 2103 - Registrations And Records › Section 2103.6 - Notices to attorneys at law

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Whenever a person is involved in a proceeding before the Administrator and an
					 attorney at law has filed a notice of appearance in such proceeding, all
					 subsequent written communications or notices to such person (other than
					 subpoenas) shall be sent to such attorney at law at the address designated in
					 such notice of appearance. The notice of appearance to be filed by an attorney
					 at law who represents a party in a proceeding before the Administrator shall be
					 on a form prescribed by the Administrator unless proceedings are instituted
					 before the Administrator by formal application pursuant to this Subchapter and
					 the representation of such attorney at law and his mailing address are stated
					 in such application in the space allotted for the mailing address of the
					 represented party. The service of written communications and notices upon such
					 attorney at law shall be deemed full and proper service upon the party or
					 parties so represented.
(b)
					 Whenever an attorney at law shall represent the same party or parties in more
					 than one proceeding before the commission, separate notices of appearance shall
					 be filed in each proceeding. For the purposes of this section a protest against
					 an order of the local rent administrator shall be deemed a separate
					 proceeding.
(c) This section shall
					 not apply to preliminary investigations conducted 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 2103 - Registrations And Records › Section 2103.7 - Failure to file

Current through Register Vol. 46, No. 28, July 10, 2024
Where the landlord has failed to file a proper and timely
						registration statement as required by this Part 2103, the Administrator may
						establish the maximum rent pursuant to section
						2102.6.
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 2103 - Registrations And Records › Section 2103.8 - Records and record-keeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Every landlord of a rooming house or hotel subject to this Subchapter, rented
					 or offered for rent, shall keep, preserve, and make available for examination
					 by the Administrator, records showing the rents received for each housing
					 accommodation, the particular term and number of occupants for which such rents
					 were charged, and the name and address of each occupant.
(b) Every other landlord shall keep,
					 preserve, and make available for examination by the Administrator, records of
					 the same kind as he has customarily kept relating to the rents received for
					 housing 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 2103 - Registrations And Records › Section 2103.9 - Registration of housing accommodations within the city of Albany

Current through Register Vol. 46, No. 28, July 10, 2024
Within the city of Albany, every landlord of housing
						accommodations subject to this Subchapter, rented or offered for rent on June
						30, 1963, shall file with the Administrator a written statement on the form
						provided therefor, to be known as a registration statement. This form shall
						identify each housing accommodation and shall specify therein the maximum rent
						provided by this Subchapter for such housing accommodation and shall contain
						such other information as the Administrator shall require. This registration
						statement shall be filed pursuant to instructions appearing on the form, on or
						before July 31, 1963.
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 2104 - Evictions › Section 2104.1 - Restrictions on removal of tenant, including hotel tenants

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
(a) So long as the tenant continues to pay
					 the rent to which the landlord is entitled, no tenant shall be removed from any
					 housing accommodations by action to evict or to recover possession, by
					 exclusion from possession, or otherwise, nor shall any person attempt such
					 removal or exclusion from possession, notwithstanding that such tenant has no
					 lease or that his lease, or other rental agreement has expired or otherwise
					 terminated, notwithstanding any contract, lease agreement or obligation
					 heretofore or hereafter entered into which provides for surrender of
					 possession, or which otherwise provides contrary hereto, except on one or more
					 of the grounds specified in section
					 2104.2,
infra,
or
					 unless the landlord has obtained a certificate of eviction as hereinafter
					 provided.
(b) It shall be unlawful
					 for any person to remove or attempt to remove any tenant or occupant from any
					 housing accommodations or to refuse to renew the lease or agreement for the use
					 of such accommodations, because such tenant or occupant has taken, or proposes
					 to take, action authorized or required by the Act or any regulation, order or
					 requirement thereunder.
(c)
(1) No tenant of any housing accommodation
					 shall be removed or evicted unless and until such removal or eviction has been
					 authorized by a court of competent jurisdiction.
(2) Except as hereinafter provided this
					 subdivision shall not apply where the removal or eviction is for nonpayment of
					 rent and involves a tenant of a hotel or rooming house who occupies his
					 accommodations on a daily or weekly basis, provided the landlord shall give
					 written notice thereof to the tenant at least three days prior to the date
					 specified therein for the surrender of possession and prior to any action for
					 removal or eviction. In computing the three-day period, the day of service and
					 any intervening Sunday shall be excluded. Every such notice shall include
					 therein a statement of the rent due and the rental period or periods for which
					 said rent is due. An exact copy of every such notice together with an affidavit
					 of service shall be filed with the local rent office within 48 hours after such
					 notice is given to the tenant. Should the tenant tender the rent due within the
					 three-day period, the landlord may not remove or evict the tenant.
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 2104 - Evictions › Section 2104.3 - Notices required in proceedings under section 2104.2

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
(a) Except where the ground for removal or
					 eviction of a tenant is nonpayment of rent, no tenant shall be removed or
					 evicted from housing accommodations by court process and no action or
					 proceeding shall be commenced for such purpose upon any of the grounds
					 permitted in section
					 2104.2, supra, unless and until the
					 landlord shall have given written notice to the tenant and the Division of
					 Housing and Community Renewal, Office of Rent Administration, Gertz Plaza,
					 92-31 Union Hall Street, Jamaica, New York 11433 as hereinafter
					 provided.
(b) Every notice to a
					 tenant to vacate or surrender possession of housing accommodations shall state
					 the ground under section
					 2104.2 upon which the landlord
					 relies for removal or eviction of the tenant, the facts necessary to establish
					 the existence of such ground, and the date when the tenant is required to
					 surrender possession.
(c) Within 48
					 hours after the notice is served upon the tenant, an exact copy thereof
					 together with an affidavit of service shall be filed with the Division of
					 Housing and Community Renewal, Office of Rent Administration, Gertz Plaza,
					 92-31 Union Hall Street, Jamaica, New York 11433. In computing such 48-hour
					 period, any intervening Saturday, Sunday or legal holiday shall be
					 excluded.
(d) Every such notice
					 shall be served upon the tenant within the period of time hereinafter set forth
					 prior to the date specified therein for the surrender of possession and prior
					 to the commencement of any proceeding for removal or eviction:
(1) Where the notice specifies one or more of
					 the grounds stated in subdivisions (b), (c) and (d) of section
					 2104.2 for such removal or
					 eviction, not less than 10 days unless the tenant is a weekly tenant in which
					 case the notice required shall be not less than two days.
(2) Where the notice specifies one or more of
					 the grounds stated in section
					 2104.2(a), (e) and
					 (f) of this Part for such removal or
					 eviction, not less than one month unless the tenant is a weekly tenant in which
					 case the notice required shall not be less than seven
					 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 2104 - Evictions › Section 2104.5 - Occupancy by landlord or immediate family

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A
					 certificate shall be issued where the landlord seeks in good faith to recover
					 possession of a housing accommodation because of immediate and compelling
					 necessity for their own personal use and occupancy as their primary residence
					 or for the use and occupancy of their immediate family as their primary
					 residence. As used in this subdivision, the term
immediate
					 family
includes only a spouse, son, daughter, stepson, stepdaughter,
					 father, mother, stepfather, stepmother, brother, sister, grandfather,
					 grandmother, grandson, granddaughter, father-in-law, mother-in-law, or
					 daughter-in-law of the landlord.
(2) The provisions of this subdivision shall
					 permit recovery of only one housing accommodation and shall not apply where a
					 tenant lawfully occupying the housing accommodation is 62 years of age or
					 older, has been a tenant in a housing accommodation in that building for
					 fifteen years or more, or has an impairment which results from anatomical,
					 physiological or psychological conditions, other than addiction to alcohol,
					 gambling, or any controlled substance, which are demonstrable by medically
					 acceptable clinical and laboratory diagnostic techniques, and which are
					 expected to be permanent and which prevent the tenant from engaging in any
					 substantial gainful employment. A tenant required to surrender a housing
					 accommodation by virtue of the operation of subdivision 2(a) of section 8585 of
					 the Emergency Housing Rent Control law shall have a cause of action in any
					 court of competent jurisdiction for damages, declaratory, and injunctive relief
					 against a landlord or purchaser of the premises who makes a fraudulent
					 statement regarding a proposed use of the housing accommodation. In any action
					 or proceeding brought pursuant to this subdivision a prevailing tenant shall be
					 entitled to recovery of actual damages, and reasonable attorneys'
					 fees.
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 2104 - Evictions › Section 2104.8 - Demolition

Current through Register Vol. 46, No. 28, July 10, 2024
A certificate shall be issued where the landlord seeks in
						good faith to recover possession of housing accommodations for the immediate
						purpose of demolishing them, provided that the landlord shall have secured such
						approval therefor as is required by law. No certificate involving demolition
						will be granted under this section unless the administrator shall find:
(a) that such demolition is to be made for
					 the purpose of constructing new buildings or structures containing at least 20
					 percent more housing accommodations consisting of self- contained family units
					 (as defined in section
					 2100.11 of this Title) than are
					 contained in the structure to be demolished; provided, however, where as a
					 result of conditions detrimental to life or health of the tenants, violations
					 have been placed upon the structure containing the housing accommodations by
					 the local authorities having jurisdiction over such matters and the cost of
					 removing such violations would substantially equal or exceed the assessed
					 valuation of the structure, the new buildings or structures shall only be
					 required to make provision for a greater number of housing accommodations
					 consisting of self-contained family units than are contained in the structure
					 to be demolished; or
(b) that such
					 demolition is to be made for the purpose of carrying out a program of
					 clearance, replanning, reconstruction, and neighborhood rehabilitation of
					 substandard and insanitary areas pursuant to and under the conditions imposed
					 by article 15 of the General Municipal Law; or
(c) that such demolition is to be made for
					 the purpose of constructing other than housing 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 2104 - Evictions › Section 2104.9 - Withdrawal of occupied housing accommodations from rental market. [L. 1964, ch. 244]L. 1964, ch. 244

Current through Register Vol. 46, No. 28, July 10, 2024
A certificate shall be issued where the landlord
						establishes that he seeks in good faith to permanently withdraw occupied
						housing accommodations from both the housing and nonhousing rental markets
						without any intent to rent or sell all or any part of the land or structure and
						(a) that he requires the entire structure containing the housing accommodations
						or the land for his own immediate use in connection with a business which the
						landlord owns and operates in the immediate vicinity of the property in
						question, or (b) that substantial violations affecting the health and safety of
						the tenants have been placed on the structure containing the housing
						accommodations by the local authorities having jurisdiction over such matters
						and that the cost of removing these violations would substantially equal or
						exceed the assessed valuation of the structure established by the city, town or
						village wherein it is located, as adjusted by applying thereto the ratio which
						such assessed valuation bears to the full valuation as determined by the State
						Board of Equalization and Assessment on the basis of the assessment rolls of
						such city, town or village for the most recent year and certified for such year
						be [FN*]such board pursuant to section
						1212 of
						the Real Property Tax Law; provided, however, that where at the time of filing
						of the application, such board has computations indicating a different ratio
						for subclasses of residential property in a city, town or village, the
						commissioner shall give due consideration to such different ratio, or (c) where
						the landlord is a hospital, convent, asylum, public institution, college,
						school or any institution operated exclusively for charitable or educational
						purposes on a nonprofit basis and requires the housing accommodations or the
						land for its own immediate use in connection with its charitable or educational
						purposes, or (d) that the continued operation of the housing accommodations
						would impose other undue hardship upon him. No certificate shall be issued
						under this section where the granting of the certificate is inconsistent with
						the purposes of the Act.
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 2105 - Prohibitions › Section 2105.1 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful, regardless of any contract, lease
						or other obligation heretofore or hereafter entered into, for any person to
						demand or receive, any rent for any housing accommodations in excess of the
						maximum rent, or otherwise to do or omit to do any act, in violation of any
						regulation, order or requirement under the Act or this Subchapter, or to offer,
						solicit, attempt or agree to do any of the foregoing.
(a) The term rent as hereinbefore defined
					 shall also include the payment by a tenant of a fee or rental commission to a
					 landlord or to any person or real estate broker where such person or real
					 estate broker is an agent or employee of the landlord or is employed by the
					 landlord in connection with the operation of the building, or where such person
					 or real estate broker manages the building in which the housing accommodation
					 is located, or where the landlord or his employee refer the tenant to such
					 person or real estate broker for the purpose of renting the housing
					 accommodation. Where the landlord has listed the housing accommodation with
					 such person or real estate broker for rental purposes such fact shall be prima
					 facie evidence of the existence of an agency relationship between such other
					 person or real estate broker and the landlord for the purposes of this
					 section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter B - Rent And Eviction Regulations › Part 2105 - Prohibitions › Section 2105.2 - Evasion

Current through Register Vol. 46, No. 28, July 10, 2024
The maximum rents and other requirements provided in this
						Subchapter shall not be evaded, either directly or indirectly, in connection
						with the renting or leasing or the transfer of a lease of housing
						accommodations by requiring the tenant to pay, or obligate himself for
						membership or other fees, or by modification of the practices relating to
						payment of commissions or other charges, or by modification of the services
						furnished or required to be furnished with the housing accommodations, or
						otherwise.
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 2105 - Prohibitions › Section 2105.3 - Purchase of property as condition of renting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall require a tenant or
					 prospective tenant to purchase or agree to purchase furniture or any other
					 property as a condition of renting housing accommodations.
(b) The term person as used in this section
					 shall include an agent or any other employee of a landlord acting with or
					 without the authority of his employer.
(c) The term person as used in this section
					 shall also include a tenant in occupancy of housing accommodations who attempts
					 to sell furniture or any other property to an incoming tenant.
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 2105 - Prohibitions › Section 2105.4 - Term of occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
No tenant shall be required to change his term of
						occupancy; for example, a tenant on a monthly basis shall not be required to
						change to a weekly basis, and a tenant on a weekly basis shall not be required
						to change to a daily basis.
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 2105 - Prohibitions › Section 2105.5 - Security deposits

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
Regardless of any contract, agreement, lease or other
						obligation heretofore or hereafter entered into, no person shall demand,
						receive or retain a security deposit for or in connection with the use and
						occupancy of housing accommodations, except (a) if the demand, collection, or
						retention of such security deposit was permitted under the rent regulations
						promulgated pursuant to the federal Act, and said security deposit does not
						exceed the rent for one month in addition to the authorized collection of rent;
						or (b) if the demand, collection, or retention of such security deposit was
						pursuant to a rental agreement with the tenant and said security deposit does
						not exceed the rent for one month (or for one week where the rental payment
						period is for a term of less than one month) in addition to the authorized
						collection of rent and provided (1) that said security deposit shall be
						deposited in an interest-bearing account in a banking organization on and after
						September 1, 1970; (2) the person depositing such security money shall be
						entitled to receive, as administration expenses, a sum equivalent to one
						percent per annum upon the security money so deposited; (3) the balance of the
						interest paid by the banking organization shall be held in trust until repaid
						or applied for the rental of the housing accommodations, or annually paid to
						the tenant; and (4) so long as the landlord complies with the provisions of
						section
						7-103
						of the General Obligations Law.
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 2105 - Prohibitions › Section 2105.6 - Lease with option to buy

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Where a lease of housing accommodations was entered into prior to May 1, 1950,
					 and the tenant, as a part of such lease or in connection therewith, was granted
					 an option to buy the housing accommodations which were the subject of the
					 lease, with the further provision that some or all of the payments made under
					 the lease should be credited toward the purchase price in the event such option
					 is exercised, the landlord, notwithstanding any other provision of this
					 Subchapter, may be authorized to receive payment made by the tenant in
					 accordance with the provisions of such lease and in excess of the maximum rent
					 for such housing accommodations.
(1) Such
					 authority may be secured only by a written request of the tenant to the local
					 rent office and may be granted by order of the Administrator if he finds that
					 such payments in excess of the maximum rent will not be inconsistent with the
					 purposes of the Act or this Subchapter and would not be likely to result in the
					 circumvention or evasion thereof.
(2) After entry of such order the landlord
					 shall be authorized to demand, receive and retain, and the tenant shall be
					 authorized to offer payments provided by the lease in excess of the maximum
					 rent for periods commencing on or after May 1, 1950. After entry of such order,
					 the provisions of the lease may be enforced in accordance with law,
					 notwithstanding any other provision of this Subchapter.
(3) Nothing in this section shall be
					 construed to authorize the landlord to demand or receive or the tenant to offer
					 payments in excess of the maximum rent in the absence of an order of the
					 Administrator as herein provided.
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 2105 - Prohibitions › Section 2105.7 - Disclosure by employees

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any officer or employee of the
						commission, or for any official adviser or consultant to the commission, to
						disclose, otherwise than in the course of official duty, any information
						obtained under the Act, or to use any such information for personal
						benefit.
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 2105 - Prohibitions › Section 2105.8 - Conduct with intent to cause the tenant to vacate

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any landlord or any person
						acting on his behalf, with intent to cause the tenant to vacate, to engage in
						any course of conduct (including, but not limited to, interruption or
						discontinuance of essential services or filing of false documents with or
						making false statements to the commission) which interfere with or disturbs or
						is intended to interfere with or disturb the comfort, peace, repose or quiet of
						the tenant in his use or occupancy of the housing accommodations. (See section
						10, subdivision 5 of the Act.)
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 2106 - Enforcement › Section 2106.2 - Inspection and records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 who rents or offers for rent, or acts as a broker or agent for the rental of
					 any housing accommodations shall, as the Administrator may from time to time
					 require, furnish information under oath or affirmation or otherwise, permit
					 inspection and copying of records and other documents and permit inspection of
					 any such housing accommodations.
(b) Any person who rents or offers for rent,
					 or acts as a broker or agent for the rental of any housing accommodations
					 shall, as the Administrator may from time to time require, make and keep
					 records and other documents and make reports.
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 2107 - Proceedings Before Local Rent Administrator › Section 2107.1 - Proceedings instituted by landlord or tenant in the local rent office

Current through Register Vol. 46, No. 28, July 10, 2024
A proceeding is instituted in a local rent office by a
						landlord or a tenant with the filing of an application for adjustment of rent,
						for a certificate of eviction, or for other relief provided by the act or this
						Subchapter. Such application shall be verified by the applicant and filed with
						the local rent administrator for the area within which the housing
						accommodation is located upon the appropriate form issued by the administrator
						in accordance with the instructions contained in such forms.
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 2107 - Proceedings Before Local Rent Administrator › Section 2107.2 - Proceedings instituted by the local rent administrator on his own initiative

Current through Register Vol. 46, No. 28, July 10, 2024
The local rent administrator may institute a proceeding
						on his own initiative whenever he deems it necessary or appropriate pursuant to
						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 2107 - Proceedings Before Local Rent Administrator › Section 2107.3 - Notice to the parties affected

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Except as provided by paragraph (2) of
					 this subdivision, where the application is made by a landlord or tenant the
					 local rent administrator shall forward, as promptly as possible, a copy of such
					 application to all parties adversely affected thereby.
(2) Where an application is filed, pursuant
					 to section 2102.3(b)(1)(iii) or
					 (iv) of this Title, to increase the maximum
					 rent, the local rent administrator shall notify all parties adversely affected
					 thereby, and shall afford such parties the opportunity to submit written
					 responses thereto. The landlord shall maintain a copy of the application, with
					 supporting documentation, on the premises so that tenants may examine it, or in
					 the alternative, a copy of the application, with supporting documentation,
					 shall be made available by the commission for tenant examination upon prior
					 request. Tenants' written responses shall be considered by the commission prior
					 to a final determination of the application.
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 2107 - Proceedings Before Local Rent Administrator › Section 2107.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
A person who has been served with a copy of an
						application or a notice of a proceeding shall have seven days from the date of
						mailing in which to answer, except that a tenant shall have 15 days from the
						date of mailing within which to answer where the application was made pursuant
						to section 2102.3(b)(5) of
						this Title. Every answer must be verified, and an original and one copy shall
						be filed with the 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 2107 - Proceedings Before Local Rent Administrator › Section 2107.5 - Action by local rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
At any stage of a proceeding the local rent administrator
						may:
(a) reject the application 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) consolidate two
					 or more applications or proceedings which have at least one ground in
					 common;
(g) forward to either party
					 a notice of action proposed to be taken by the local rent
					 administrator;
(h) 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 2107 - Proceedings Before Local Rent Administrator › Section 2107.6 - Final determination by the local rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local rent administrator, on such
					 terms and conditions as he may determine, may:
(1) dismiss the application if it fails
					 substantially to comply with the provisions of the act or this
					 Subchapter;
(2) grant or deny the
					 application, in whole or in part;
(3) issue an appropriate order in a
					 proceeding instituted on his own initiative.
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 2107 - Proceedings Before Local Rent Administrator › Section 2107.7 - Pending proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Where a section is amended during the pendency of a
						proceeding before the local rent administrator, the determination shall be in
						accordance with the amended section unless the proceeding is to determine an
						adjustment of maximum rent and was remanded to the local rent administrator for
						further action as provided in section
						2108.9 of this Title. In such event
						the local rent administrator shall determine the remanded proceeding in
						accordance with the section in effect on the date of issuance of the original
						order by the 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 2107 - Proceedings Before Local Rent Administrator › Section 2107.8 - Modification or revocation of orders

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
(a) Except as provided in subdivision (a) or
					 (b) of this section or except pursuant to an order of remand issued by the
					 State rent administrator, the local rent administrator may not modify,
					 supersede or revoke any order issued under these or previous sections unless 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
					 local rent administrator he may also direct that rent collected by the landlord
					 in excess of the maximum rent be refunded to the tenant within 30 days after
					 his action shall become final.
(b)
					 The local rent administrator on his own initiative or on application of a
					 tenant may revoke or cancel an order granting a certificate of eviction at any
					 time prior to the execution of a warrant in a summary proceeding to recover
					 possession of real property by a court whenever he finds that:
(1) the certificate of eviction was obtained
					 by fraud or illegality; or
(2) the
					 landlord's intentions or circumstances have so changed that the premises,
					 possession of which is sought, will not be used for the purpose specified in
					 the certificate.
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 2108.1 - Persons who may file protests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person aggrieved by this Subchapter or by an order issued by a local rent
					 administrator may file a protest to the administrator in the manner provided in
					 this Subchapter.
(b) A joint
					 protest, verified by each person joining therein, may be filed by two or more
					 landlords or tenants, where at least one ground is common to all persons so
					 filing. The administrator, in his discretion, may treat such protest as joint
					 or several.
(c) The administrator
					 may, in his discretion, consolidate two or more protests which have at least
					 one ground in common.
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 2108.2 - Time for filing protests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 protest against any provision of this Subchapter may be filed at any time after
					 the effective date thereof.
(b) A
					 protest against an order of a local rent administrator must be filed with the
					 administrator within 33 days after the date such order is issued unless
					 subdivision (c) of this section is applicable. A protest served by mail,
					 postmarked not more than 33 days after the date of such order, shall be
					 compliance with this subdivision.
(c) A protest may be filed by a tenant
					 against an order of a local rent administrator granting a certificate of
					 eviction relating to a housing accommodation other than in a one- or two-family
					 house after the expiration of the 33-day period provided for in subdivision (b)
					 of this section and prior to the date of the issuance of a final order by a
					 court in summary dispossess proceedings, where there has been a change of
					 circumstances due to the fact that other suitable housing accommodations
					 subject to landlord's control have become vacant since the date of the order
					 granting the certificate of eviction.
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 2108.3 - Time of filing answer to protests

Current through Register Vol. 46, No. 28, July 10, 2024
Where a protest against an order issued by a local rent
						administrator has been filed by a landlord or tenant, the other party or
						parties shall be afforded a period of 15 days from the date of service of such
						protest within which to serve and file an answer to the
						protest.
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 2108.4 - Form and content of protest against this Subchapter or portion thereof

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
No printed form of protest is provided or prescribed.
						Each protest against this Subchapter or portion thereof must be clearly
						designated "Protest to the Commissioner of Housing and Community Renewal re
						Section. . . . (or Sections. . . .) of the Rent and Eviction Regulations", and
						shall set forth the following:
(a) the
					 name and post-office address of the party filing the protest, and whether he is
					 a landlord or tenant, or representative;
(b) a complete identification of the
					 provision or provisions protested, citing the section or sections of this
					 Subchapter to which the objection is made;
(c) a simple, concise statement of the
					 objections to this Subchapter or portion thereof protested;
(d) a specific statement of the relief
					 requested;
(e) each protest shall
					 be verified by the party filing the protest.
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 2108.5 - Form and content of protest against an order of the local rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
No printed form of protest is provided or prescribed.
						Each protest must be clearly designated "Protest to the Commissioner of Housing
						and Community Renewal re Order bearing docket number. . . . ", and shall set
						forth the following:
(a) the name and
					 post-office address of the party filing the protest, and whether he is the
					 landlord or tenant of the accommodations involved or a
					 representative;
(b) a complete
					 identification of the order to which objection is made, the date of issuance
					 thereof, the docket number, and the name of the local rent office;
(c) the location by post-office address of
					 all housing accommodations involved in the protest;
(d) the names and post-office addresses of
					 all other parties affected by the protest;
(e) a simple, concise statement of the
					 objections to the order protested;
(f) a specific statement of the relief
					 requested;
(g) a statement
					 informing the person served with the protest that he may within 15 days from
					 the date of such service, file thereto a verified answer by filing the same
					 with the Commissioner of Housing and Community Renewal, Office of Rent
					 Administration, 393 Seventh Avenue, New York 1, NY, together with proof of
					 service of the copy of the answer upon the party filing the protest;
(h) each protest shall be verified by the
					 party filing the protest;
(i) each
					 such protest shall contain proof of service of (1) a copy of the protest and
					 (2) copies of all accompanying papers upon the local rent administrator and
					 upon all parties affected by the protest.
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 2108.6 - Service and filing of protests

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1964, ch. 244
(a) Each protest shall be filed in an
					 original and one copy at the Division of Housing and Community Renewal, Office
					 of Rent Administration, 393 Seventh Avenue, New York 1, New York.
(b) Where the protest is against an order
					 issued by the local rent administrator, a copy of the protest shall also be
					 served on the local rent administrator issuing the order being protested, and
					 upon each party affected by the protest.
(c) A protest under section
					 2108.5 will not be accepted for
					 filing unless accompanied by an affidavit or other proof of such
					 service.