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 2102.6 - Orders where the maximum rent or other facts are in dispute, in doubt, or not known, or where maximum rent must be fixed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the maximum rent or any fact
					 necessary to the determination of the maximum rent, or the dwelling space,
					 essential services, furniture, furnishings or equipment required to be provided
					 with the accommodation, is in dispute between the landlord and the tenant, or
					 is in doubt, or is not known, or is prescribed by section
					 2101.1(i) or (j)
					 of this Title, the administrator at any time upon written request of either
					 party, or on his own initiative, may issue an order determining the facts
					 including the amount of the maximum rent, the dwelling space, essential
					 services, furniture, furnishings and equipment, required to be provided with
					 the accommodations. Such order shall determine such facts or establish the
					 maximum rent as of May 1, 1950 or the date of first renting, whichever is
					 later, except where the maximum rent is prescribed by section
					 2101.1(i) or (j)
					 of this Title. Where such order establishes the maximum rent it 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. Where the maximum rent is prescribed by
					 section 2101.1(i) of this
					 Title, the administrator shall determine the date upon which the housing
					 accommodations became subject to this Subchapter and establish the maximum rent
					 on the basis of the rent charged on January 1, 1957 or the date of first
					 renting, whichever is later.
(b)
					 Where the landlord has failed to file an application or report required by
					 section 2102.5(a) and (b)
					 of this Part, the administrator at any time upon written request of either
					 party, or on his own initiative, may issue an order establishing the maximum
					 rent by decreasing the previous maximum rent of the housing accommodations by
					 that amount which the administrator finds to be the reduction in the rental
					 value of the housing accommodations because of the decrease in dwelling space,
					 essential services, furniture, furnishings or equipment. The administrator may
					 take into consideration all factors bearing on the equities involved. Such
					 order shall establish the maximum rent as of the date of decrease of such
					 dwelling space, essential services, furniture, furnishings or equipment or as
					 of May 1, 1950, whichever is later, and 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.
(c) Where no
					 registration statement had been filed prior to May 1, 1950 under the Federal
					 Act, or after that date as is required by this Subchapter, the administrator at
					 any time upon written request of either party, or on his own initiative, may,
					 when he cannot determine the maximum rent pursuant to subdivision (a) of this
					 section, issue an order fixing a maximum rent which may be established on the
					 basis of the maximum rent for comparable housing accommodations. Where there
					 are maximum rents in effect in the same establishment, these may be used as
					 comparable housing accommodations, in the discretion of the administrator. In
					 cases of a change in the number of occupants or terms of occupancy in rooming
					 houses, the maximum rent may be established upon the basis of the amount by
					 which the landlord has customarily varied his rent for such change in the
					 number of occupants or terms of occupancy as reflected in the maximum rents in
					 effect on March 1, 1950. Where the landlord has no customary variation the
					 administrator may issue an order fixing the maximum rent for such rooms, units
					 or occupancy based upon the rental value of the change in occupancy or in terms
					 of occupancy, after taking into consideration the previous maximum rent
					 therefor. The administrator may take into consideration all factors bearing on
					 the equities involved. Such order shall fix the maximum rent as of May 1, 1950,
					 or the date of first renting, whichever is later, and 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.
(d) Where no proper or timely registration
					 statement has been filed as is required by this Subchapter, the administrator
					 may issue an order fixing a maximum rent on the basis of the maximum rents for
					 comparable housing accommodations, as set forth more specifically in
					 subdivision (c) of this section, after taking into consideration all other
					 factors bearing on the equities involved. Such order shall be effective as of
					 May 1, 1950, or the date of such first renting, whichever is later, and 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, provided the administrator shall
					 have instituted a proceeding to establish such maximum rent by May 1, 1952, or
					 within three months from the time of filing of such registration statement,
					 whichever is later. If the administrator fails to institute a proceeding to
					 establish such maximum rent by May 1, 1952 or within three months from the time
					 of filing of such registration statement, whichever is later, any order issued
					 fixing the maximum rent under this subdivision shall be effective as of the
					 date of the issuance of the order.
(e) Where it is necessary for the
					 administrator to determine whether an establishment which was a hotel on March
					 1, 1950 is still a hotel, the administrator shall issue an order determining
					 such fact. Where the administrator finds that an establishment is no longer a
					 hotel, he shall issue orders fixing maximum rents for the housing
					 accommodations within such establishment which were not subject to rent
					 control. The maximum rents so fixed shall be based upon the maximum rents for
					 comparable housing accommodations taking into consideration all factors bearing
					 upon the equities. Such orders shall be effective as of the date of
					 issuance.