reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.11 - Stays

Current through Register Vol. 46, No. 28, July 10, 2024
The filing of a PAR against an order, other than an order
						adjusting, fixing or establishing the legal regulated rent, shall stay such
						order until the final determination of the PAR by the commissioner.
						Notwithstanding the above, that portion of an order fixing a penalty pursuant
						to subdivision (a) of section
						2506.1 of this Title, that portion
						of an order resulting in a retroactive rent adjustment pursuant to section
						2503.4 of this Title, that portion
						of an order resulting in a retroactive rent decrease pursuant to section
						2502.3 of this Title, and that
						portion of an order resulting in a retroactive rent increase pursuant to
						section 2502.4(a), (b), (c),
						(e), and (f) of this Title, shall also be
						stayed by the timely filing of a PAR against such orders until the expiration
						of the period for seeking review pursuant to article seventy-eight of the Civil
						Practice Law and rules. However, an order granting a rent adjustment pursuant
						to subdivision (a) and (b) of section
						2502.4 of this Title, against which
						there is no PAR filed by a tenant that is pending, shall not be stayed. Nothing
						herein contained shall limit the commissioner from granting or vacating a stay
						under appropriate circumstances, on such terms and conditions as the
						commissioner may deem appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.12 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A proceeding
					 for judicial review pursuant to article 78 of the Civil Practice Law and Rules
					 may be instituted only to review a final order of the commissioner pursuant to
					 section 2510.8 of this Part, or after the
					 expiration of the 90 day or extended period within which the commissioner may
					 determine a PAR pursuant to section
					 2510.10 of this Part, and which,
					 therefore, may be "deemed denied" by the petitioner. For the purposes of this
					 section, an order of remand to a district rent administrator, unless for
					 limited or ministerial purposes only, and which the commissioner has designated
					 as a final determination, and orders reopening a PAR proceeding, are not final
					 orders. The petition for judicial review shall be brought within 60 days after
					 the issuance date of such order, in the Supreme Court in the county in which
					 the subject housing accommodation is located and shall be served upon the
					 division and the Attorney General. Issuance date is defined as the date of
					 mailing of the order.
(b) Judicial
					 review of a PAR order shall be limited:
(1) to
					 the party who filed the PAR or, if the PAR determination modified or reversed
					 the district rent administrator's order, anyone aggrieved thereby;
					 and
(2) to issues raised in the
					 PAR, or which are directly related to any modification of the administrator's
					 order.
A party aggrieved by a PAR order issued after the 90 day
						or extended period of time within which the petitioner could deem his or her
						petition denied pursuant to section
						2510.10 of this Title, shall have
						60 days from the date of such order to commence a proceeding for judicial
						review, notwithstanding that 60 days have elapsed after such 90 day or extended
						deemed denial period has expired.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2510 - Administrative Review › Section 2510.13 - Modification or revocation of orders on a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, on application of either party or on
						his own initiative, and upon notice to all parties affected, may, prior to the
						date that a proceeding for judicial review has been commenced in the Supreme
						Court pursuant to article 78 of the Civil Practice Law and Rules, modify,
						supersede or revoke any order issued by him under these or previous regulations
						where he finds that such order was the result of illegality, irregularity in
						vital matters, or fraud. Where an order is modified, superseded or revoked by
						the commissioner, he may also direct that appropriate rent adjustments be made
						in accordance with the order issued.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.1 - Definitions (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.2 - Income certification forms (ICFs) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.3 - Procedure where total annual income as certified on ICF exceeds threshold (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.4 - Procedure where tenant fails to return ICF or owner disputes certification (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.5 - Determination by Department of Taxation and Finance (DTF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.6 - Procedure where tenant fails to provide information for determination by Department of Taxation and Finance (DTF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.7 - Mailing of submissions relating to high-income decontrol (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.8 - Lease riders regarding high-income decontrol (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2511 - Procedures For High Income Rent Decontrol › Section 2511.9 - Jurisdictional authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective June 14, 2019, high rent high income deregulation pursuant to
					 McKinney's Unconsolidated Law Section 8625(a)(13), otherwise repealed by
					 Chapters 36 and 39 of the Laws of 2019, is no longer applicable. Any apartment
					 that was lawfully deregulated pursuant to the McKinney's Unconsolidated Law
					 Section 8625(a)(13) shall remain deregulated, notwithstanding that such section
					 was repealed pursuant to Chapters 36 and 39 of the Laws of 2019. For the
					 purposes of this subdivision, lawful deregulation shall be defined as the
					 issuance of an order by the DHCR pursuant to McKinney's Unconsolidated Law
					 Section 8625(a)(13), which was repealed by Chapters 36 and 39 of the Laws of
					 2019 and the expiration of the lease in effect upon issuance of such order
					 expiring prior to June 14, 2019.
(b) Effective June 14, 2019, no further high
					 rent high income deregulation proceedings pursuant to this Title may be
					 commenced, and all pending applications shall be dismissed as not subject to
					 deregulation. For the purposes of this subdivision, an application shall not be
					 considered pending if the subject housing accommodation was lawfully
					 deregulated pursuant to such application prior to June 14, 2019, and such
					 lawful deregulation is subject to review as of June 14, 2019 in a Court of
					 competent jurisdiction, before the commissioner pursuant to a petition for
					 administrative review, or before the rent administrator subsequent to a remand
					 for further consideration by either the commissioner or a court.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter is promulgated and adopted pursuant to
						the powers granted to the Division of Housing and Community
						Renewal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.2 - Amendment of codes

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 1 through 66, inclusive, of the code of the Rent
						Stabilization Association of New York City, Inc., and sections 1 through 64,
						inclusive, of the code of the Metropolitan Hotel Industry Stabilization
						Association, Inc., as last amended, are deleted in their entirety, and sections
						2520.1 through
						2531.9 of this Subchapter,
						inclusive, are adopted, and this Code is known as the Rent Stabilization Code.
						Chapter VIII of this Subtitle is known as Rent Stabilization Regulations, and
						divided into Subchapter A - Emergency Tenant Protection Regulations, consisting
						of Parts 2500-2511; and Subchapter B - Rent Stabilization Code, consisting of
						new Parts 2520-2531.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.3 - Construction and implementation

Current through Register Vol. 46, No. 28, July 10, 2024
This Code shall be construed so as to carry out the
						intent of the Rent Stabilization Law to ensure that such statute shall not be
						subverted or rendered ineffective, directly or indirectly, and to prevent the
						exaction of unjust, unreasonable and oppressive rents and rental agreements,
						and to forestall profiteering, speculation and other disruptive practices
						tending to produce threats to the public health, safety and general welfare;
						and that the policy herein expressed shall be implemented with due regard for
						the preservation of regulated rental housing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.4 - Delegation of authority

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Housing and Community Renewal may
						delegate to a deputy commissioner, an assistant commissioner, a rent
						administrator or any other person or persons, the authority to carry out any of
						the duties and powers granted to him by the New York City Rent Stabilization
						Law or this Code, and the Emergency Tenant Protection Act of 1974 as
						amended.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.6 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
					 accommodation. That part of any building or structure, occupied or intended to
					 be occupied by one or more individuals as a residence, home, dwelling unit or
					 apartment, and all services, privileges, furnishings, furniture and facilities
					 supplied in connection with the occupation thereof. The term housing
					 accommodation will also apply to any plot or parcel of land which had been
					 regulated pursuant to the City of Rent Law prior to July 1, 1971, and which
					 became subject to the RSL after June 30, 1974.
(b) Hotel. Any Class A or Class B multiple
					 dwelling which provides all of the services included in the rent as set forth
					 in section 2521.3 of this Title.
(c) Rent. Consideration, charge, fee or other
					 thing of value, including any bonus, benefit or gratuity demanded or received
					 for, or in connection with, the use or occupation of housing accommodations or
					 the transfer of alease for such housing accommodations. Rent shall not include
					 surcharges authorized pursuant to section
					 2522.10 of this Title nor for the
					 purposes of any summary eviction proceeding such fees, charges or penalties;
					 however, any such excess payments even if denominated as fees, charges or
					 penalties may be considered aviolation under Part 2525 or an overcharge under
					 Part 2526 of this Code.
(d) Tenant.
					 Any person or persons named on a lease as lessee or lessees, or who is or are a
					 party or parties to a rental agreement and obligated to pay rent for the use or
					 occupancy of a housing accommodation or is entitled to occupy the housing
					 accommodation as a tenant pursuant to any other provision of this
					 Code.
(e) Legal regulated rent. The
					 rent charged on the base date set forth in subdivision (f) of this section,
					 plus any subsequent lawful increases and adjustments.
(f) Base date. For all purposes other than
					 for the purpose of proceedings pursuant to sections
					 2522.3,
					 2526.1 and
					 2526.7 of this Title, base date
					 shall mean the date which is the most recent of:
(1) For claims filed before June 14, 2019,
					 the date four years prior to the filing date of such claim except where a
					 special provision of this Code, the RSL or other law required maintenance of
					 records or review for a longer period.
(2) For claims filed on or after June 14,
					 2019, the base date shall be June 14, 2015.
(3) The date on which the housing
					 accommodation first became subject to the RSL; or
(4) April 1, 1984, for complaints filed on or
					 before March 31, 1988 for housing accommodations for which initial
					 registrations were required to be filed by June 30, 1984, and for which a
					 timely challenge was not filed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.7 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of the State
						Administrative Procedure Act, this Code shall be effective May 1, 1987, and all
						amendments to this Code shall become effective in accordance with the State
						Administrative Procedure Act or as otherwise required by law. Where
						implementation of a provision would require new or significantly revised filing
						procedures or notice requirements, the DHCR may postpone implementation of such
						provision, as required, for up to 210 days after the effective date of this
						Code, by an advisory opinion issued pursuant to section
						2527.11 of this Title, which shall
						be available to the public on such effectivedate. Where such postponement is
						deemed necessary, current filing procedures, notice requirements, or forms, if
						any, may be utilized until revision thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.8 - Amendment or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
Any provision of this Code may be amended or revoked at
						any time in accordance with the procedure set forth in chapter 888 of the Laws
						of New York for the year 1985, or as otherwise provided by the State
						Administrative Procedure Act. However, where a law requires a different rule
						than set forth in any provision of this Code, which may be implemented in the
						absence of regulation, DHCR shall follow such law notwithstanding that such
						conflicting code provision has not yet been amended or
						revoked.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.9 - 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 publication of the
						notice of adoption in the State Register unless otherwise specified therein or
						as otherwise provided by the State Administrative Procedure Act, or otherwise
						required by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.10 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Code or the application of such
						provision to any person or circumstance shall be held invalid, the validity of
						the remainder of this Code and the applicability of such provision 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 VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.12 - Effect of this Code 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 ETPA, the RSL or this Code, and in such
						event such provisions shall be void and unenforceable. Where such leases or
						rental agreements are so inconsistent as to render them ineffective in defining
						the rights and duties of tenants and owners, the DHCR may order the provision
						of new leases consistent with the ETPA, the RSL and this Code. No renewal lease
						or vacancy lease offered to a tenant shall contain any right of cancellation or
						eviction by the owner during the term thereof except as provided for by the
						ETPA, the RSL or this Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2520 - Scope › Section 2520.13 - 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 RSL or this Code is void; provided, however, that based upon a
						negotiated settlement between the parties and with the approval of the DHCR, or
						a court of competent jurisdiction, or where a tenant is represented by counsel,
						a tenant may withdraw, with prejudice, any complaint pending before the DHCR.
						Such settlement shall be binding upon subsequent tenants. However, where the
						settlement encompasses surrender of occupancy by the tenant or the tenant is no
						longer in possession of the housing accommodation as of the date of the
						settlement, such settlement shall not be binding upon any subsequent tenant,
						except to the extent that the complaint being settled is subject to the time
						limitations set forth in the RSL and this Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2521 - Legal Regulated Rents › Section 2521.1 - Initial legal regulated rents for housing accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) For
					 housing accommodations which on March 31, 1984 were subject to the City Rent
					 Law, and became vacant after that date, and which are no longer subject to the
					 City Rent Law, and are rented thereafter subject to the RSL, the initial legal
					 regulated rent shall be the rent agreed to by the owner and the tenant and
					 reserved in a lease or provided for in a rental agreement subject to the
					 provisions of this Code, and subject to a tenant's right to a Fair Market Rent
					 Appeal to adjust such rent pursuant to section
					 2522.3 of this Title.
(2) For housing accommodations which on March
					 31, 1984 were subject to the penalties provided in former section YY51-4.0 of
					 the Administrative Code of the City of New York, and which become vacant
					 thereafter, the initial legal regulated rent for the first rent stabilized
					 tenant shall be the rent established by the DHCR for the prior tenant,
					 increased by the guidelines rate of rent adjustments applicable to the new
					 lease plus such other rent increases as are authorized pursuant to section
					 2522.4 of this Title, and shall not
					 be subject to a Fair Market Rent Appeal pursuant to section
					 2522.3 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2521 - Legal Regulated Rents › Section 2521.3 - Classification of buildings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 application by a tenant or owner, the DHCR shall issue an order determining a
					 building's classification based upon the services provided and other relevant
					 factors. Except as provided in subdivisions (c) and (d) of this section, if it
					 is determined that such building is not a hotel, the DHCR shall classify the
					 building as an apartment building unless the owner restores sufficient services
					 to maintain a hotel classification in accordance with subdivision (b) of this
					 section. If the building is reclassified, then the housing accommodations
					 therein shall thereafter be subject to the provisions of this Code applicable
					 to apartment buildings, at the legal regulated rent for each housing
					 accommodation as determined by the order of the DHCR, plus lawful increases and
					 adjustments allowed pursuant to this Code. In order for an owner to retain or
					 continue the building's classification as a hotel, he or she must provide, in
					 addition to any other services he or she is or was providing pursuant to
					 section 2520.6(r) of this
					 Title, all four of the following services:
(1) maid service, consisting of general
					 housecleaning at a frequency of at least once a week;
(2) linen service, consisting of providing
					 clean linens at a frequency of at least once a week;
(3) furniture and furnishings, including at a
					 minimum a bed, lamps, storage facilities for clothing, chair and mirror in a
					 bedroom; such furniture to be maintained by the hotel owner in reasonable
					 condition; and
(4) lobby staffed 24
					 hours a day, seven days a week by at least one employee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.1 - Legal regulated rent adjustments

Current through Register Vol. 46, No. 28, July 10, 2024
Legal regulated rents may be increased or decreased only
						as hereinafter specified.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.2 - Effective date of adjustment of legal regulated rents

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Code or set forth in
						the order, the legal regulated rent shall be adjusted effective the first rent
						payment date occurring 30 days after the filing of the application, or on the
						effective date of a lease or other rental agreement providing for the Rent
						Guidelines Board annual rate of adjustments, or upon vacancy as provided in
						section 2522.8 of this Part. No rent
						adjustment may take place during a lease term unless a clause in the lease
						authorizes such increase, or as otherwise provided by law and this
						Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.3 - Fair market rent appeal and other applications for adjustment of initial legal regulated rent for housing accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in section
					 2521.1(a)(2) of
					 this Title, an appeal of the initial rent on the ground that it exceeds the
					 fair market rent for the housing accommodation may be filed with the DHCR by
					 the tenant of a housing accommodation which was subject to the City Rent Law on
					 December 31, 1973. This right is limited to the first tenant taking occupancy
					 on or after April 1, 1984, except where such tenant had vacated the housing
					 accommodation prior to the service by the owner of the Notice of Initial Legal
					 Regulated Rent as required by section
					 2523.1 of this Title. In such
					 event, any subsequent tenant in occupancy shall also have a right to file a
					 Fair Market Rent Appeal until the owner mails the required notice and 90 days
					 shall have elapsed without the filing of an appeal by a tenant continuing in
					 occupancy during said 90-day period. Once a Fair Market Rent Appeal is filed,
					 no subsequent tenant may file such appeal. Notwithstanding the above, where the
					 first tenant taking occupancy after December 31, 1973, of a housing
					 accommodation previously subject to the City Rent Law, was served with the
					 notice required by section 26 of the former code of the Rent Stabilization
					 Association of New York City, Inc., the time within which such tenant may file
					 a Fair Market Rent Appeal is limited to 90 days after such notice was mailed to
					 the tenant by the owner by certified mail. However, no Fair Market Rent Appeal
					 may be filed after six years from the date the housing accommodation was no
					 longer subject to the City Rent Law.
(b) The tenant must allege in such appeal:
(1) that the initial rent is in excess of the
					 fair market rent; and
(2) facts
					 which, to the best of his or her information and belief, support such
					 allegation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.5 - Lease agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vacancy
					 lease or rental.
(1) For housing
					 accommodations other than hotels, upon the renting of a vacant housing
					 accommodation, the owner shall provide to the tenant a copy of the fully
					 executed lease for a one- or two-year term, at the tenant's option (except
					 where a mortgage or mortgage commitment existing as of April 1, 1969 prohibits
					 the granting of one-year lease terms), bearing the signature of the owner and
					 tenant and the beginning and ending dates of the lease term, within 30 days
					 from the owner's receipt of the vacancy lease signed by the tenant. Such lease
					 shall conform to the intent of section
					 5-702
					 of the General Obligations Law (plain English). The rent provided therein may
					 not exceed the last legal regulated rent in addition to all increases
					 authorized by this code. For a housing accommodation subject to the City Rent
					 Law which becomes vacant after March 31, 1984, the owner may not increase the
					 rent charged in the initial lease or other rental agreement pursuant to annual
					 guidelines for a period of one year or until the expiration date of the initial
					 lease or rental agreement, whichever is later.
(2) For housing accommodations in hotels
					 rented to an occupant who has never had a lease, such occupant may at any time
					 during his or her occupancy request a lease and the owner must, within 15 days
					 after such request, grant a lease commencing on the date such request was made
					 at a rent which does not exceed the legal regulated rent, for a term of at
					 least six months. The hotel occupant who requests such a lease becomes a
					 permanent tenant but the lease need not be renewed. Notwithstanding the above,
					 an owner shall not refuse to grant a lease or to extend or continue a tenancy
					 in order to prevent the hotel occupant from becoming a permanent tenant, except
					 to the extent that the owner may be permitted to do so by law pursuant to a
					 warrant of eviction, or other order of a court of competent jurisdiction, or a
					 governmental vacate order.
(3) In
					 addition, where a hotel occupant has not requested a lease, an owner shall not
					 refuse to extend or continue a tenancy solely in order to prevent the hotel
					 occupant from becoming a permanent tenant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.7 - Consideration of equities

Current through Register Vol. 46, No. 28, July 10, 2024
In issuing any order adjusting or establishing any legal
						regulated rent, the DHCR shall take into consideration all factors bearing upon
						the equities involved, subject to the general limitation that such adjustment,
						establishment or determination can be put into effect with due regard for
						protecting tenants and the public interest against unreasonably high rent
						increases inconsistent with the purposes of the RSL, for preventing imposition
						upon the industry of any industry-wide schedule of rents or minimum rents, and
						for preserving the regulated housing stock. DHCR shall take into consideration
						all factors bearing upon the equities involved, including the creation of undue
						hardship or prejudice in determining the retroactive application of orders
						which create rent arrears.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.8 - Rent adjustments upon vacancy or succession

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The legal
					 regulated rent for any vacancy lease effective on or after June 14, 2019 shall
					 be as herein after provided in this subdivision. The previous legal regulated
					 rent for such housing accommodation shall be increased by the following:
(1) if the vacancy lease is for a term of one
					 year, the one-year guideline increase, as promulgated by the Rent Guidelines
					 Board, can be applied to the previous legal regulated rent; or
(2) if the vacancy lease is for a term of two
					 years, the two-year renewal guideline increase, as promulgated by the Rent
					 Guidelines Board can be applied to the previous legal regulated rent.
(3) The increase authorized in this paragraph
					 may not be implemented more than one time in any calendar year, notwithstanding
					 the number of vacancy leases or lease assignments entered into in such
					 year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.9 - 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 owner to install a washing machine, dryer
					 or dishwasher, whether permanently installed or portable, and the owner
					 consents, the owner may collect surcharges, without notification to or approval
					 by the DHCR in an amount specified in an operational bulletin to be issued by
					 the DHCR pursuant to section
					 2527.11(b) of this
					 Title. The surcharges authorized by this section shall not be part of the legal
					 regulated rent.
(b)
(1) Where a prior installation by a tenant of
					 a washing machine, dryer or dishwasher comes to the attention of the owner and
					 the owner 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 owner pursuant to
					 this Code.
(3) Where there is in
					 effect a prior practice of charging for installation of a tenant-owned washing
					 machine, dryer or dishwasher, the owner may continue the charge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.10 - Surcharges for submetered electricity or other utility service

Current through Register Vol. 46, No. 28, July 10, 2024
Where an owner acts as a provider of a utility service
						(including, but not limited to electricity, gas, cable, or telecommunications),
						the owner may collect surcharges which shall not be part of the legal regulated
						rent, and shall not be subject to this Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2522 - Rent Adjustments › Section 2522.11 - 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.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.1 - Notice of initial legal regulated rent

Current through Register Vol. 46, No. 28, July 10, 2024
Every owner of housing accommodations previously subject
						to the City Rent Law and thereafter rented to a tenant on or after April 1,
						1984, shall within 90 days after the commencement of the first tenancy subject
						to the RSL, give notice in writing by certified mail to the tenant of each such
						housing accommodation on a form prescribed by the DHCR for that purpose,
						reciting the initial legal regulated rent for the housing accommodation and the
						tenant's right to file an application for adjustment of the initial legal
						regulated rent within 90 days of the certified mailing to the tenant of the
						notice pursuant to section
						2522.3 of this Title. Compliance
						with section
						2528.2 of this Title shall also be
						considered compliance with this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.2 - Certification of services

Current through Register Vol. 46, No. 28, July 10, 2024
Every owner of housing accommodations subject to this
						Code shall annually file with the DHCR, on a form which the DHCR shall
						prescribe for that purpose, a written certification that he or she is
						maintaining and will continue to maintain all services as required by section
						2520.6(r) of this
						Title, or required to be furnished by any law, or regulation applicable to the
						housing accommodation. Compliance with section
						2528.3 of this Title, shall also be
						in compliance with this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.3 - Failure to file a certification of services

Current through Register Vol. 46, No. 28, July 10, 2024
No owner shall be entitled to collect a rent adjustment
						pursuant to a rent guidelines board order as authorized under section
						2522.5 of this Title, until the
						owner has filed a proper certification as required by section
						2523.2 of this Part, nor shall any
						owner be entitled to a rent restoration based upon a restoration of services
						unless such restoration of services has been determined by the DHCR in a
						proceeding commenced by an owner's application to restore rent or a proceeding
						commenced pursuant to section
						2526.2 of this Title, or in another
						proceeding pursuant to this Code. Such restoration shall take effect, where
						restoration of services has been determined in a proceeding commenced by an
						owner's application for rent restoration, in accordance with section
						2522.2 of this Title and, where
						restoration of services has been determined by the DHCR in a proceeding
						commenced pursuant to section
						2526.2 of this Title, or in another
						proceeding pursuant to this Code, on the date specified in the order of the
						DHCR issued in such proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.4 - Failure to maintain services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A tenant may apply to the DHCR for a
					 reduction of the legal regulated rent to the level in effect prior to the most
					 recent guidelines adjustment, subject to the limitations of subdivisions
					 (c)-(h) of this section, and the DHCR shall so reduce the rent for the period
					 for which it is found that the owner has failed to maintain required services.
					 The order reducing the rent shall further bar the owner from applying for or
					 collecting any further increases in rent that were or are authorized by this
					 Title until such services are restored or no longer required pursuant to an
					 order of the DHCR. If the DHCR further finds that the owner has knowingly filed
					 a false certification, it may, in addition to abating the rent, assess the
					 owner with the reasonable costs of the proceeding, including reasonable
					 attorney's fees, and impose a penalty not in excess of $ 250 for each false
					 certification.
(2) Where an
					 application for a temporary rent adjustment pursuant to a Major Capital
					 Improvement as set forth in section
					 2522.4(b) of this
					 Title has been granted, and collection of such rent adjustment commenced prior
					 to the effective date of the rent reduction order, the owner will not be
					 permitted to continue to collect the rent adjustment while the rent reduction
					 order is in effect.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.6 - Notices of appearance by attorney or other authorized representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an
					 attorney or other authorized representative appears for a party who is involved
					 in a proceeding before the DHCR, such person must file a notice of appearance
					 which shall be on a form prescribed by the DHCR, unless the application which
					 instituted the proceeding before the DHCR stated the representation of such
					 person and his or her mailing address in the space allotted for the mailing
					 address of the represented party. An attorney who appears for such party may
					 instead use the letterhead stationery of his or her office as a notice of
					 appearance if the information contained therein substantially conforms to the
					 information required by the form. All subsequent written communications or
					 notices to such party (other than subpoenas) shall be sent to such attorney or
					 other authorized representative at the address designated in such notice of
					 appearance. The service of written communications and notices upon such
					 attorney or other authorized representative shall be deemed full and proper
					 service upon the party or parties so represented. If an authorized
					 representative appears, such notice of appearance must be accompanied by a
					 written authorization, duly verified or affirmed, by the party
					 represented.
(b) Whenever an
					 attorney or other authorized representative shall represent the same party or
					 parties in more than one proceeding before the DHCR, separate notices of
					 appearance and authorizations shall be filed in each proceeding.
(c) Any submission signed by an attorney or
					 other authorized representative must state that such person has personal
					 knowledge of the facts contained in such submission, or if he or she does not
					 have such personal knowledge, the basis for such person's
					 information.