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 2102 - Adjustments › Section 2102.7 - Order where an apartment is rented to more than one tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On and after February 1, 1952, where an
					 apartment, in whole or in part, is rented or sought to be rented to more than
					 one tenant, a landlord shall file an application with the administrator to fix
					 maximum rents for the units or portions of such apartment. Such application
					 shall set forth the present maximum rent for the apartment, the furniture,
					 furnishings, facilities, equipment and other services added or proposed to be
					 added, the number of occupants, and the space to be occupied by each tenant in
					 such apartment, the terms and conditions of occupancy, and all other data which
					 may be required by the administrator. In fixing the maximum rent the
					 administrator shall apportion the previous maximum rent for the entire
					 apartment among the tenants in proportion to the space they occupy, and shall
					 add thereto the increased rental value of any furniture, furnishings,
					 facilities and equipment added by the landlord. Where the landlord has
					 satisfied all of the requirements of the authorities having jurisdiction over
					 the physical conversion and over the occupancy of the changed housing
					 accommodations the administrator, in fixing maximum rents for individual
					 tenants, shall also take into consideration all factors bearing on the equities
					 involved including the cost of any physical conversion or alteration. If there
					 was no previous maximum rent for the entire apartment, the administrator shall
					 establish a maximum rent for the entire apartment based upon the rents
					 generally prevailing for comparable housing accommodations prior to
					 apportioning the maximum rent for the entire apartment among the tenants as
					 hereinbefore provided. Unless and until an order is issued by the administrator
					 fixing maximum rents for the individual tenants of the apartment, the aggregate
					 maximum rent for all of the tenants in the apartment shall be the maximum rent
					 previously established for the apartment. All orders issued under this section
					 shall be effective as of the date of first renting.
(b) Where no application has been made under
					 this section the administrator at any time upon written request of a tenant, or
					 on his own initiative, may issue an order pursuant to this section fixing a
					 maximum rent for each of the individual tenants in the apartment effective as
					 of the date of such renting. In fixing such maximum rents for the individual
					 tenants, the administrator shall use the standards prescribed in subdivision
					 (a) of this section. Such order may contain a directive that all rent collected
					 by the landlord in excess of the maximum rent established under this
					 subdivision for a period not exceeding two years prior to the date of its
					 issuance shall be refunded to the tenant within 30 days after such order shall
					 become final.