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 D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.2 - Time for filing a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A PAR
					 against any provision of these regulations may be filed at any time after the
					 effective date thereof.
(b) A PAR
					 against an order of a district 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 PAR served by mail, postmarked
					 not more than 33 days after the date of such order, shall be deemed compliance
					 with this paragraph.
(c) Where a
					 certificate of eviction has been granted pursuant to section
					 2204.5 of this Title, a PAR may be
					 filed by a tenant 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 in a summary proceeding to recover possession of real property by a
					 court, where there has been a change of circumstances due to the fact that
					 other suitable housing accommodations subject to the 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 D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.3 - Form and content of a PAR against these regulations or portion thereof

Current through Register Vol. 46, No. 28, July 10, 2024
No printed form of a PAR is provided or prescribed. Each
						PAR against these regulations or portion thereof must be clearly designated
						"Petition for Administrative Review to the Commissioner of the Division of
						Housing and Community Renewal re: Section ________ (or Sections_______) of the
						Rent and Eviction Regulations of the City of New York," and shall set forth the
						following:
(a) the name and
					 post-office address of the party filing the PAR, and whether he is a landlord
					 or tenant, or representative;
(b) a
					 complete identification of the provision or provisions for which the PAR is
					 being filed, citing the section or sections or these regulations to which the
					 objection is made;
(c) a simple,
					 concise statement of the objections to these regulations or portion(s) thereof;
					 and
(d) a specific statement of the
					 relief requested. Each PAR shall be affirmed by the party filing the
					 PAR.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.4 - Form and content of a PAR against an order of the district rent administrator

Current through Register Vol. 46, No. 28, July 10, 2024
A person aggrieved by an order issued by the district
						rent administrator may file a PAR against such order only on a form prescribed
						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 D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.5 - Service and filing of a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each PAR shall be filed in an original and one copy at the Division of Housing
					 and Community Renewal, Office of Rent Administration, 10 Columbus Circle, New
					 York, NY 10019, unless otherwise provided on the form prescribed by the
					 administrator for such PAR.
(b)
					 Where the PAR is against an order issued by the district rent administrator, a
					 copy of the PAR shall also be served on the district rent administrator issuing
					 the order and upon each party affected by the PAR.
(c) A PAR under section
					 2208.4 of this Part will not be
					 accepted for filing unless accompanied by an affidavit or other proof of such
					 service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.6 - Time of filing answer to a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
Any person served with a PAR, as provided in section
						2208.5 of this Part, may, within 15
						days from the date of service, file an affirmed answer thereto by filing the
						same with the Division of Housing and Community Renewal, Office of Rent
						Administration, together with proof of service of a copy thereof upon the party
						filing the PAR. The administrator may, in his discretion and for good cause
						shown, extend the time within which to answer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.7 - Action by administrator

Current through Register Vol. 46, No. 28, July 10, 2024
Within a reasonable time after the filing of the PAR and
						the answers, if any, the administrator may:
(a) reject the PAR 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, as he may deem necessary or appropriate;
(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 these regulations;
(e) require any person to appear or produce
					 documents, or both, pursuant to a subpoena issued by the administrator;
					 and
(f) 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 D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.8 - Final determination by administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator, on such terms and conditions as he may
						determine, may:
(a) dismiss the PAR if
					 it fails substantially to comply with the provisions of the Rent Law or these
					 regulations; or
(b) grant or deny
					 the PAR, in whole or in part, or remand the proceeding to the district rent
					 administrator for further action. In the event that the administrator grants or
					 denies any such PAR, in whole or in part, the administrator shall inform the
					 party or parties filing the PAR of the grounds upon which such decision is
					 based, and of any economic data and other facts of which the administrator has
					 taken official notice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.9 - Pending PAR's

Current through Register Vol. 46, No. 28, July 10, 2024
Where a provision of this Code is amended or an
						applicable statute is enacted or amended during the pendency of a PAR, the
						determination shall be in accordance with the statute or Code as it existed at
						the time the rent administrator's order was issued, unless the relevant law or
						regulation states 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 D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.10 - Time within which administrator shall take final action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the administrator does not act finally
					 within a period of 90 days after a PAR is filed, or within such extended period
					 as may be fixed by the administrator, the PAR shall be deemed to be denied. The
					 administrator may, however, grant one such extension, not to exceed 30 days,
					 with the consent of the party filing the PAR; any further extension may only be
					 granted with the consent of all parties to the PAR. Final action on a PAR filed
					 against a regulation shall be governed by section 204 of the State
					 Administrative Procedure 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 D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.11 - Stays

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The filing of a
					 PAR against an order, other than an order adjusting, fixing or establishing a
					 maximum rent, within 33 days after the date of the issuance of such order,
					 shall stay such order until the final determination of the PAR by the
					 administrator. However, nothing herein contained shall limit the administrator
					 from granting or vacating a stay under appropriate circumstances. Where the PAR
					 is against an order granting a certificate of eviction, it shall stay such
					 order as herein provided, regardless of whether the waiting period provided in
					 the order has already expired.
(b)
					 The commencement of a proceeding by the administrator to revoke or cancel an
					 order granting a certificate of eviction shall stay such order until the final
					 determination of the proceeding, regardless of whether the waiting period in
					 the order has already expired.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.12 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
The filing and determination of a PAR is a prerequisite
						to obtaining judicial review of any provision of these regulations or any order
						issued thereunder, except as provided by section 26-410 of the Rent Law. A
						proceeding for review may be instituted under article 78 of the Civil Practice
						Law and Rules, provided the petition in the Supreme Court is filed within 60
						days after the issuance date of the final determination of the PAR. Issuance
						date is defined as the date of mailing of the order. Service of the petition
						upon the Division of Housing and Community Renewal shall be made by
						either:
(a) personal delivery of the
					 notice of petition and petition to counsel's office at the division's office,
					 641 Lexington Avenue, New York, N.Y 10022, or such other address as may be
					 designated by the administrator, and delivering a copy thereof to an Assistant
					 Attorney General at an office of the New York State Attorney General within the
					 State; or
(b) by such other method
					 as is authorized by the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.13 - Modification or revocation of orders on a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrator, 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 administrator, he may also direct that
					 appropriate rent adjustments be made in accordance with the order
					 issued.
(b) Whenever the
					 administrator shall have revoked an order premised on fraudulent or materially
					 false representations, the administrator, notwithstanding any other provision
					 of these regulations to the contrary, may withhold the issuance of any order
					 granting an increase in maximum rent for such housing accommodation until the
					 landlord has complied with the refund directive, if any, provided for in such
					 order of revocation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2208 - Administrative Review › Section 2208.14 - PARs; time periods; address of office of rent administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wherever
					 reference is made in this Part to a period of time of 33 days, such period of
					 time shall be deemed to be 35 days.
(b) Wherever reference is made in this Part
					 to a period of time of 15 days, such period of time shall be deemed to be 20
					 days.
(c) Wherever reference is
					 made in this Part to the Office of Rent Administration, the address of such
					 office shall be 92-31 Union Hall Street, Jamaica, NY 11433.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.1 - When a notice or paper shall be deemed served

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices, orders, petitions for
					 administrative review, answers and other papers may be served personally, by
					 mail, or electronically, as provided in an operational bulletin issued pursuant
					 to section 2209.8 of this Part. Except as
					 otherwise provided by section
					 2208.2 or Part 2211 of this Title,
					 when service, other than by the city rent agency, is made personally or by
					 mail, a contemporaneous affidavit providing dispositive facts by the person
					 making the service or mailing shall constitute sufficient proof of service.
					 When service is by registered or certified mail, the stamped post office
					 receipt shall constitute sufficient proof of service. Once sufficient proof of
					 service has been submitted to the city rent agency, the burden of proving
					 nonreceipt shall be on the party denying receipt.
(b) In any proceedings under these
					 regulations, any notice, order or other process or paper directed to the person
					 named as landlord on the registration statement on file in the district rent
					 office, at the mailing address given thereon, or where a notice of change of
					 identity has been filed in the district rent office, at the mailing address
					 given thereon, or where a notice of address given in such notice of change of
					 identity most recently filed, shall constitute notice to such
					 landlord.
(c) Where a notice of
					 appearance has been filed by an attorney, service on the attorney shall be
					 deemed proper service as if made on the party or parties represented.
(d) Unless otherwise expressly provided in
					 this Title, no additional time is required for service by mail of any notice,
					 order, answer, lease offer or other papers, beyond the time period set forth in
					 these regulations and such time period provided is inclusive of the time for
					 mailing.
(e) Unless otherwise
					 expressly provided in this Title, no additional time is required to respond or
					 to take any action when served by mail with any notice, order, answer, lease
					 offer, or other papers, beyond the time period set forth in these regulations
					 and the time to respond is commenced upon mailing of said notice, order answer,
					 lease offer or other paper.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.2 - Power of subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator, or any officer or agent designated by
						the administrator, may administer oaths and affirmations and may, whenever
						necessary, by subpoena require any person to appear and testify, or to appear
						and produce documents, or both, at any designated place. Any person subpoenaed
						under this section shall have the right to make a record of his testimony and
						to be represented by counsel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.3 - Production of documents

Current through Register Vol. 46, No. 28, July 10, 2024
The production of a person's documents at any place other
						than his place of business shall not be required in any case in which, prior to
						the return date specified in the subpoena issued with respect thereto, such
						person either has furnished the administrator with a copy of such documents,
						certified by such person under oath to be a true and correct copy, or has
						entered into a stipulation with the administrator as to the information
						contained in such documents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.4 - Action by administrator on failure to obey subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
In case of contumacy or refusal to obey a subpoena served
						upon any person, the Supreme Court, in or for any judicial district in which
						such person is found or resides or transacts business, upon application by the
						administrator, shall have jurisdiction to issue an order requiring such person
						to appear and give testimony or to appear and produce documents, or both; and
						any failure to obey such order of the court may be punished by such court as a
						contempt thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.5 - Privilege against self-incrimination

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall be excused from attending and testifying
						or from producing documents or other evidence in obedience to the subpoena of
						the administrator, or of any duly authorized officer or agent thereof, on the
						ground that the testimony or evidence required of him may tend to incriminate
						him or subject him to a penalty or forfeiture, but no person shall be
						prosecuted or subjected to any penalty or forfeiture for or on account of any
						transaction, matter or thing concerning which he is compelled, after having
						claimed his privilege against self-incrimination, to testify or produce
						evidence; except that such person so testifying shall not be exempt from
						prosecution and punishment for perjury committed in so testifying. The immunity
						herein provided shall extend only to natural persons so compelled to
						testify.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.6 - Disclosure of information by the administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator shall not publish or disclose any
						information obtained under the Rent Law or these regulations that the
						administrator deems confidential, or with reference to which a request for
						confidential treatment is made by the person furnishing such information,
						unless the administrator determines that the withholding thereof is contrary to
						the public interest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.7 - Delegation of authority

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may delegate in writing, to the
						district rent administrator or any other person or persons, the authority to
						carry out any of the duties and powers granted to him by the Rent Law or these
						regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.8 - Opinions and official interpretations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Official interpretations of general
					 applicability with respect to the provisions of the Rent Law or these
					 regulations shall be issued only by the administrator. No interpretation shall
					 be given in response to any hypothetical question.
(b) Any person desiring an opinion, as to the
					 applicability of the Rent Law or these regulations to a specific factual
					 situation, shall make a request in writing for such opinion to the district
					 rent administrator for the locality within which the housing accommodations
					 involved are situated. Such request shall set forth in full the facts out of
					 which the question arises, and shall state the name and post-office address of
					 the person or persons making the request and the location of the housing
					 accommodations involved. If there is a pending or closed proceeding in the
					 particular office, or if the inquirer has previously requested an opinion of
					 the same or substantially the same facts, his request shall so indicate. No
					 opinion shall be given in response to any hypothetical question.
(c) Any opinion or official interpretation
					 shall remain in full force and effect unless and until revoked or modified in
					 writing by the official issuing it or 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 D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.9 - Administrative proceedings pending before Department of Housing Preservation and Development of the City of New York

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any matter, application, proceeding or
					 protest undertaken, filed or commenced by, with or before the city, relating to
					 the regulation and control of residential rents and evictions within the city
					 and pending on April 1, 1984, shall be transferred to, conducted by, and
					 completed or determined by the administrator. In discharging such
					 responsibilities, the administrator shall act and shall determine and complete
					 any such matter, application, proceeding or protest pursuant to and in
					 conformity with the provisions of the Rent Law and these regulations governing
					 such matters, applications, proceedings or protests.
(b) Any protest filed against an order of the
					 city which may be undetermined on March 31, 1984 shall, for the purposes of
					 section 2208.10(a) of this
					 Title, be deemed to have been filed on April 1, 1984.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.10 - Administrative proceedings on application by interested party for decontrol on the basis of vacancy rate

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) All requests for decontrol pursuant to
					 section Y51-12.0 of the Rent Law must be made by application supported by
					 adequate proof pursuant to the provisions of this and subsequent
					 sections.
(2) The burden rests upon
					 the applicant to clearly establish the existence of the five-percent vacancy
					 rate in all or any alleged class of housing accommodations claimed to be
					 eligible for decontrol. The vacancy rate shall mean the net rental vacancy
					 rate. Notwithstanding the class of housing accommodations alleged by the
					 applicant to be eligible for decontrol, the administrator shall make the final
					 determination as to what constitutes a particular class of housing
					 accommodations involved.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.11 - Action by administrator

Current through Register Vol. 46, No. 28, July 10, 2024
After the filing of the application for decontrol on the
						basis of vacancy rate, the administrator may:
(a) reject the application if it is
					 insufficient or defective;
(b) make
					 such other and further studies and investigations as he deems necessary to make
					 a finding as to whether the percentage of vacancies in all or any particular
					 class of housing accommodation is five percent or more (such studies and
					 investigations shall include, but not be limited to, data gathered by the
					 United States Bureau of the Census or any public or quasi-public agency, or
					 studies made by independent consultants under contract with the Division of
					 Housing and Community Renewal or by its own staff); investigate the facts
					 presented in the application; conduct such conferences as are necessary;
					 require the filing of such other and additional reports, or other evidence
					 relevant to the proceedings;
(c)
					 suspend determination of application until completion of such studies and
					 investigations as the administrator deems necessary to make a finding as to
					 whether the percentage of vacancies in all or any particular class of housing
					 accommodation is five percent or more. In the event that the administrator so
					 suspends his determination, he shall advise the applicant, in writing, of the
					 reasons for such suspension, including the identification of the studies and
					 investigations deemed necessary by him;
(d) require any person to appear or produce
					 documents, or both, pursuant to a subpoena issued by the
					 administrator;
(e) 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 D - Rent And Eviction Regulations-new York City › Part 2209 - Miscellaneous Procedural Matters › Section 2209.12 - Final determination by administrator

Current through Register Vol. 46, No. 28, July 10, 2024
All orders issued pursuant to section Y51-12.0 of the
						Rent Law shall be deemed to be final administrative determinations, subject to
						judicial review as provided by section Y51-9.0 of the Rent Law. The
						administrator, on such terms and conditions as he may determine, may issue a
						final order:
(a) dismissing the
					 application if it fails substantially to comply with the provisions of section
					 2209.10 et seq. of this Part;
					 or
(b) granting or denying the
					 application, in whole or in part, provided that before he may grant the
					 application, in whole or in part, he shall have first held a public hearing as
					 provided by section Y51-12.0 of the Rent 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 D - Rent And Eviction Regulations-new York City › Part 2210 - Housing Accommodations Covered By Title Yy Of New York City Administrative Code › Section 2210.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any provision of the City Rent and
						Rehabilitation Law or of these regulations, housing accommodations covered by
						title YY of the New York City Administrative Code shall be subject to the City
						Rent and Rehabilitation Law and these regulations as and when title YY, the
						Rent Stabilization Code and regulations adopted thereunder shall
						provide.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2210 - Housing Accommodations Covered By Title Yy Of New York City Administrative Code › Section 2210.2 - Maximum rent

Current through Register Vol. 46, No. 28, July 10, 2024
The maximum rent for such housing accommodations, for the
						purposes of these regulations, shall be the rent charged on May 31, 1968 or
						June 30, 1974, whichever is applicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2210 - Housing Accommodations Covered By Title Yy Of New York City Administrative Code › Section 2210.3 - Registration requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Within 90 days after any such housing accommodation shall
						become subject to these regulations, the landlord thereof shall file a
						registration statement, on the form provided therefor, containing such
						information as the administrator may require pursuant to Part 2203 of this
						Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual income.
					 For the purposes of this section, annual income shall mean the Federal adjusted
					 gross income as reported on the New York State income tax return.
(b) Total annual income. For the purposes of
					 this section, total annual income means the sum of the annual incomes of all
					 persons who occupy the housing accommodation as their primary residence other
					 than on a temporary basis, excluding bona fide employees of such occupants
					 residing therein in connection with such employment and excluding bona fide
					 subtenants in occupancy pursuant to the provisions of section
					 226-b of
					 the Real Property Law. Where a housing accommodation is sublet, the annual
					 income of the sublessor shall be considered.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.2 - 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.3 - 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.4 - Procedure where tenant fails to return ICF or landlord 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.5 - 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.6 - 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.7 - 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 VII - Emergency Housing Rent Control › Subchapter D - Rent And Eviction Regulations-new York City › Part 2211 - Procedures For High Income Rent Decontrol › Section 2211.8 - Jurisdictional authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective June 14, 2019, high rent high income deregulation pursuant to the
					 City Rent and Rehabilitation Law sections 26-403(e)(2)(j) and 26-403.1,
					 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 City
					 Rent and Rehabilitation Law sections 26-403(e)(2)(j) and 26-403.1 shall remain
					 deregulated, notwithstanding that such sections were 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 City Rent and Rehabilitation Law sections 26-403(e)(2)(j) and
					 26-403.1, which were repealed by Chapters 36 and 39 of the Laws of 2019 and the
					 expiration of any time period contained in such order establishing the date of
					 deregulation which expired 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 the 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 A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter is adopted and promulgated pursuant to
						the powers granted to the State Division of Housing and Community Renewal by
						the Emergency Tenant Protection Act of 1974, chapter 576 of the Laws of New
						York for the year 1974, as amended. As used in this Subchapter, the term act
						shall mean the Emergency Tenant Protection Act of 1974. Wherever the term
						Chapter is used hereinafter to describe these regulations, it shall be deemed
						to mean Subchapter.
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 2500 - Scope › Section 2500.3 - Additional definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Commissioner. The Commissioner of Housing and Community Renewal.
(b) Office of rent administration. The office
					 of the division designated by the commissioner to administer the ETPA, the Rent
					 Stabilization Law, and the city and State rent laws.
(c) Office of the tenant protection unit
					 (TPU). The office of the division designated by the commissioner to investigate
					 and prosecute violations of the ETPA, the Rent Stabilization Law and the city
					 and State rent laws. In furtherance of such designation, the TPU may invoke all
					 authority under the ETPA, Rent Stabilization Law, and the State and city rent
					 laws and the regulations thereunder that inures to the commissioner, division
					 or the Office of Rent Administration. However, nothing contained herein shall
					 limit the mission and authority of the local rent administration office to
					 administer and enforce the ETPA, the Rent Stabilization Law, and the city and
					 State rent laws and all such regulations promulgated thereunder.
(d) Local rent administration office. The
					 office of the division for a particular rent area as set forth in section
					 2500.8 of this Part. The division
					 shall maintain at least one such office in each county subject to the
					 act.
(e) Essential services. Those
					 services which the landlord was maintaining, or which he was obligated to
					 maintain, on May 29, 1974. These may include, for example, any or all of the
					 following: repairs, decorating and maintenance, the furnishing of light, heat,
					 hot and cold water, telephone, elevator service, janitor service, removal of
					 refuse, and garage and parking facilities.
(f) Apartment. A room or rooms providing
					 facilities commonly regarded in the community as necessary for a self-contained
					 family unit but not including housing accommodations located in a rooming house
					 or hotel.
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 2500 - Scope › Section 2500.4 - Effective date and local effective date

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Chapter shall become effective May
					 29, 1974, the effective date of the act.
(b) This Chapter shall apply to housing
					 accommodations on the local effective date for the city, town or village
					 wherein the housing accommodations are situated.
Such local effective date shall be the first day of the
						month, or the first rent payment date following the declaration of an emergency
						by the local legislative body of the city, town or village wherein the housing
						accommodations are situated.
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 2500 - Scope › Section 2500.5 - Amendment or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
Any provision of this Chapter may be amended or revoked
						at any time by the division. However, where a law requires a different rule
						than set forth in any provision this act, 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 A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.6 - 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 filing unless
						otherwise specified therein or as otherwise provided by the State
						Administrative Procedure Act, or otherwise required by law. Where
						implementation of a provision would require new or significantly revised filing
						procedures or notice requirements, the division may postpone implementation of
						such provision, as required, for up to 180 days after the effective date of
						such amendment or revocation, by an advisory opinion issued pursuant to section
						2507.11 of this Title, which shall
						be available to the public on such effective date. 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 A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.7 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Chapter or the application of
						such provisions to any persons or circumstances shall be held invalid, the
						validity of the remainder of this Chapter and the applicability of such
						provisions 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 A - Emergency Tenant Protection Regulations › Part 2500 - Scope › Section 2500.8 - Local areas subject to control

Current through Register Vol. 46, No. 28, July 10, 2024
Except as hereinafter provided in section
						2500.9 of this Part, this
						Subchapter shall apply to housing accommodations located in the counties of
						Nassau, Rockland and Westchester, which are subject to the Emergency Tenant
						Protection Act of 1974 pursuant to a determination of the existence of an
						emergency thereunder by the local legislative body of the city, town or village
						wherein the accommodations are situated.
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 2500 - Scope › Section 2500.9 - Housing accommodations subject to regulation

Current through Register Vol. 46, No. 28, July 10, 2024
This Chapter shall apply to all or any class or classes
						of housing accommodations in a city, town or village for which a declaration of
						emergency has been made except the following:
(a) housing accommodations subject to the
					 emergency housing rent control law;
(b) housing accommodations owned or operated
					 by the United States, the State of New York, any political subdivision, agency
					 or instrumentality thereof, any municipality or any public housing
					 authority;
(c) housing
					 accommodations in buildings in which rentals are fixed by or subject to the
					 supervision of the State Division of Housing and Community Renewal under other
					 provisions of law or the New York State Urban Development Corporation, New York
					 State Housing Finance Agency or other governmental agencies or public benefit
					 corporations of the City or State or, to the extent that regulation under this
					 act is inconsistent therewith aided by government insurance under any provision
					 of the National Housing Act. However, housing accommodations in buildings
					 completed or substantially rehabilitated prior to January 1, 1974, and whose
					 rentals were previously regulated under the PHFL or any other State or Federal
					 Law, shall become subject to the ETPA and this Title, upon the termination of
					 such regulation;
(d)
(1) housing accommodations in a building
					 containing fewer than six dwelling units, or fewer than such other, larger
					 threshold number of units as the local legislative body, in its determination
					 of emergency as specified in section
					 2500.8 of this Part, may have
					 chosen;
(2) for purposes of this
					 subdivision, a building shall be deemed to contain six or more dwelling units
					 if it is part of a multiple family garden-type maisonette dwelling complex
					 containing six or more dwelling units having common facilities such as a sewer
					 line, water main or heating plant and operated as a unit under common
					 ownership, notwithstanding that certificates of occupancy were issued for
					 portions therefor as one- or two-family dwellings;
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 2500 - Scope › Section 2500.10 - Effect of this Chapter 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 act or this Chapter.