New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter B - Rent And Eviction Regulations › Part 2101 - Maximum Rents › Section 2101.1 - Maximum rents for housing accommodations, except in hotels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided in this
					 section, the maximum rent for housing accommodations outside the City of New
					 York shall be the maximum rent which was established on March 1, 1950 pursuant
					 to the Federal act, and shall not include adjustments granted by orders issued
					 under the Federal act after that date, regardless of whether they were made
					 effective as of, or retroactive to, that date or a date prior
					 thereto.
(b) For housing
					 accommodations within the City of Buffalo which on March 1, 1950 had no maximum
					 rent established pursuant to the Federal act, but which were subject to a
					 maximum rent established pursuant to the local laws of the City of Buffalo, the
					 maximum rent shall be the rent established on March 1, 1950 pursuant to such
					 local laws.
(c) For housing
					 accommodations first rented after March 1, 1950, or where there has been a
					 change thereafter in rooming houses in the number of occupants or terms of
					 occupancy, the maximum rent shall be the first rent for such accommodations,
					 provided the landlord shall register the accommodations by May 15, 1950, or
					 within 15 days from the time of first renting, whichever is later, as provided
					 in section 2103.3 of this Title. The
					 administrator may order a decrease in the maximum rent, as provided in section
					 2102.4(a) of this
					 Title where said maximum rent is substantially higher than the maximum rents
					 for comparable housing accommodations, giving due consideration to any factors
					 bearing on the equities involved. If the landlord fails to file a proper
					 registration statement within the time specified, such renting shall not
					 constitute the establishment of a maximum rent and the administrator may fix
					 the maximum rent as provided in section
					 2102.6 of this Title. For the
					 purposes of this subdivision, the term "housing accommodations first rented
					 after March 1, 1950" shall not include an accommodation changed from
					 unfurnished to furnished, or an apartment, in whole or in part, changed into a
					 rooming house or rented, in whole or in part, to more than one tenant, in which
					 cases the prior maximum rent for such accommodation shall be the maximum rent,
					 unless and until the administrator shall grant an adjustment in or fix such
					 maximum rent as provided in Part 2102 of this Title.
(d) For housing accommodations in rooming
					 houses, where the number of occupants or the term of occupancy for housing
					 accommodations rented prior to March 1, 1950 was thereafter changed and no
					 registration statement has been filed for such number of occupants or term of
					 occupancy under the Federal act, the maximum rent shall be the rent charged for
					 such changed term of occupancy or for the changed number of occupants but not
					 more than the maximum rent for similar housing accommodations for the same term
					 or number of occupants in the same establishment provided the landlord shall
					 file a proper and timely registration statement by May 15, 1950, or within 15
					 days from the date of such renting, whichever is later, as required by section
					 2103.3 of this Title. The
					 administrator may order a decrease in the maximum rent so established in
					 accordance with the provisions of section
					 2102.4(a) of this
					 Title. If the landlord fails to file such proper and timely registration
					 statement, the administrator may establish the maximum rent as provided in
					 section 2102.6 of this Title.
(e) Any tenant in a rooming house on a daily
					 term of occupancy who has resided in such rooming house on such daily basis
					 continuously for a period of more than seven days shall, upon written request
					 to the landlord, be permitted by the landlord to change to a weekly term of
					 occupancy. Such written request shall be sent to the landlord by registered
					 mail, return receipt requested.
(f)
					 For housing accommodations in rooming houses no maximum rent may be established
					 upon the basis of renting to more than three occupants in a single
					 room.
(g) For housing
					 accommodations in rooming houses created by conversion on or after February 1,
					 1974, including those decontrolled by order pursuant to the Federal act or this
					 Subchapter, the maximum rent shall be the rent charged on January 1, 1959, or
					 the date of first renting, whichever is later, subject, however, to reduction
					 as provided in section
					 2102.4 of this Title. Any housing
					 accommodations for which a maximum rent is established by this subdivision
					 shall on and after June 30, 1959 be deemed a housing accommodation for all the
					 purposes of this Subchapter.
(h)
					 For housing accommodations created by a change from a nonhousing to a housing
					 use or by conversion on or after February 1, 1947, including those decontrolled
					 by order pursuant to the Federal act or this Subchapter, and which are
					 certified by a municipal department having jurisdiction to be a fire hazard or
					 in a continued dangerous condition or detrimental to life or health, the
					 maximum rent shall be the rent charged on January 1, 1957, or the date of first
					 renting, whichever is later, subject, however, to reduction as provided in
					 section 2102.4(c) of this
					 Title. Any housing accommodations for which a maximum rent is established by
					 this subdivision shall be deemed a housing accommodation for all the purposes
					 of this Subchapter, but only so long as such illegal or hazardous condition
					 continues and without further certification with respect thereto.
(i) For housing accommodations in any
					 establishment which had been deemed to be a hotel by reason of an order,
					 finding, opinion or determination made or issued by the administrator at any
					 time prior to June 30, 1959 and which is found by the administrator not be a
					 hotel as defined by section
					 2100.3(g) of this
					 Title the maximum rent shall be the rent charged on July 1, 1959 or the date of
					 first renting, whichever is later, notwithstanding the prior establishment of a
					 maximum rent for such housing accommodations pursuant to the Federal act or
					 this Subchapter, subject, however, to reduction as provided in section
					 2102.4(e) of this
					 Title.
(j) For housing
					 accommodations which were not subject to rent control because they were located
					 in an establishment which was a hotel on March 1, 1950, the maximum rent shall
					 be established by order of the administrator pursuant to section
					 2102.6(e) of this
					 Title, where the administrator finds the establishment is no longer a
					 hotel.
(k) For housing
					 accommodations within the City of Albany, the maximum rent shall be that rent
					 which was lawfully chargeable therefor on April 1, 1962, or where the
					 accommodation was vacant on said date, the first rent thereafter lawfully
					 charged.
(l) For housing
					 accommodations within the City of Mount Vernon, which were subject to the
					 provisions of the Federal act on June 1, 1983 and not decontrolled thereafter
					 by reason of a vacancy. The maximum rent shall be that rent which was lawfully
					 chargeable therefor on June 1, 1983 and thereafter the maximum rents shall be
					 and continue in force and effect for such housing accommodations within the
					 city until changed, abolished, or decontrolled in accordance with the
					 applicable provisions of the Federal act and this Subchapter. All provisions of
					 the Federal act and this Subchapter applying generally with respect to maximum
					 rents for such housing accommodations and evictions therefrom shall apply with
					 respect thereto.