DHCR Advisory Opinions
NYS Division of Housing and Community Renewal
DHCR Advisory Opinions are issued by the New York State Division
of Housing and Community Renewal (DHCR) and represent the
agency's interpretation of the rent laws which it administers.
DHCR Advisory Opinions are available as online text and also in
downloadable Adobe Acrobat PDF format.
On any challenge or appeal, the agency may claim it has wide
"discretion" to interpret the rent laws as it sees fit, as long
as it's interpretation is not arbitrary, capricious or an abuse
of discretion. In such instances, the agency must show it's
interpretation is consistent with past practice and rational.
Discretion is different from mandates where the agency is obliged
to follow certain policies, practices or interpretations.
Mandates are usually based in (and stated in) the law. In many
instances, the agency refuses (or fails) to issue
official interpretations in order to maintain it's discretion. In
practice, such unaccountable discretion is seen by some as an
abuse of the intent of the rent laws.
Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Policy Statements,
DHCR Operational Bulletins, the Rent Stabilization Code,
the Rent Stabilization Law and various Rent Control Statutes.
Every attempt has been made to conform to the original Advisory
Opinions as issued by DHCR. TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws and that
various sections of the rent laws have changed since these
Advisory Opinions were originally issued. Since housing laws are
complex and often contradictory, it is recommended the reader
obtain competent legal advice from a tenant attorney or
counseling from a tenant association or community group.
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DHCR Advisory Opinions
- Advisory Opinion 87-1 -- text
- Advisory Opinion 87-1 -- Adobe Acrobat PDF format
- Postponing the implementation of certain provisions. Exemptions from RSL Jurisdiction; Legal Registered Rent; Registration
- Advisory Opinion 87-2 -- text
- Advisory Opinion 87-2 -- Adobe Acrobat PDF format
- Postponing the implementation of certain provisions; NOTICE OF RIGHTS AND DUTIES OF HOTEL OWNERS AND TENANTS: SUMMARY; HOTEL RIGHTS NOTICE: Introduction
- Advisory Opinion 87-3 -- text
- Advisory Opinion 87-3 -- Adobe Acrobat PDF formatt
- Postponing the implementation of certain provisions
- Advisory Opinion 87-4 -- text
- Advisory Opinion 87-4 -- Adobe Acrobat PDF format
- Postponing the implementation of certain provisions
- Advisory Opinion 87-5 -- text
- Advisory Opinion 87-5 -- Adobe Acrobat PDF format
- Rent Stabilization Lease Rider
- Advisory Opinion 88-1 -- text
- Advisory Opinion 88-1 -- Adobe Acrobat PDF format
- Renewal Lease Form "RTP-8"
- Advisory Opinion 88-2 -- text
- Advisory Opinion 88-2 -- Adobe Acrobat PDF format
- Rent Stabilization Lease Rider (Spanish language version)
- Advisory Opinion 89-1 -- text
- Advisory Opinion 89-1 -- Adobe Acrobat PDF format
- Notice Of Rights And Duties of Hotel Owners And Tenants
- Advisory Opinion 89-2 -- text
- Advisory Opinion 89-2 -- Adobe Acrobat PDF format
- False Statements: Criminal Liability and Civil Penalties
- Advisory Opinion 91-1 -- text
- Advisory Opinion 91-1 -- Adobe Acrobat PDF format
- Multi-Tier Rent Orders
- Advisory Opinion 91-2 -- text
- Advisory Opinion 91-2 -- Adobe Acrobat PDF format
- Rent Registration With The State Division Of Housing And Community Renewal ("DHCR") Upon The Termination Of Regulation Other Than Pursuant To The Rent Laws
- Advisory Opinion 92-1 -- text
- Advisory Opinion 92-1 -- Adobe Acrobat PDF format
- Amendments, Supplements, Extensions And Refiling Of Par's
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