New York Rent Laws
ETPA Table of Contents
The NYS Emergency Tenant Protection Act (1974) [ETPA]
Sec. 9. APPLICATION FOR ADJUSTMENT OF INITIAL LEGAL REGULATED
RENT.
a. The owner or tenant of a housing accommodation described in
paragraph one or two of subdivision b of section six may,
within sixty days of the local effective date of this act or
the commencement of the first tenancy thereafter, whichever
is later, file with the state division of housing and
community renewal an application for adjustment of the
initial legal regulated rent for such housing accommodation.
The state division of housing and community renewal may
adjust such initial legal regulated rent upon a finding that
the presence of unique or peculiar circumstances materially
affecting the initial legal regulated rent has resulted in a
rent which is substantially different from the rents
generally prevailing in the same area for substantially
similar housing accommodations.
b. The tenant of a housing accommodation described in paragraph
two, subdivision b, of section six may file with the state
division of housing and community renewal, within ninety
days after notice has been received pursuant to subdivision
c of this section, an application for adjustment of the
initial legal regulated rent for such housing accommodation.
Such tenant need only allege that such rent is in excess of
the fair market rent and shall present such facts which, to
the best of his information and belief, support such
allegation. The rent guidelines board shall promulgate as
soon as practicable after its creation guidelines for the
determination of fair market rents for housing
accommodations as to which an application may be made
pursuant to this subdivision. In rendering a determination
on an application filed pursuant to this subdivision b, the
state division of housing and community renewal shall be
guided by such guidelines. Where the state division of
housing and community renewal has determined that the rent
charged is in excess of the fair market rent it shall order
a refund, of any excess paid since January first, nineteen
hundred seventy-four or the date of the commencement of the
tenancy, whichever is later. Such refund shall be made by
the landlord in cash or as a credit against future rents
over a period not in excess of six months.
c. Upon receipt of any application filed pursuant to this
section nine, the state division of housing and community
renewal shall notify the owner or tenant, as the case may
be, and provide a copy to him of such application. Such
owner or tenant shall be afforded a reasonable opportunity
to respond to the application. A hearing may be held upon
the request of either party, or the division may hold a
hearing on its own motion. The division shall issue a
written opinion to both the tenant and the owner upon
rendering its determination.
d. Within thirty days after the local effective date of this
act the owner of housing accommodations described in
paragraph two of subdivision b of section six, as to which
an emergency has been declared pursuant to this act, shall
give notice in writing by certified mail to the tenant of
each such housing accommodation on a form prescribed by the
state division of housing and community renewal of the
initial legal regulated rent for such housing accommodation
and of such tenant's right to file an application for
adjustment of the initial legal regulated rent of such
housing accommodation.
e. The initial legal regulated rents for housing accommodations
in a city having a population of one million or more shall
be subject to adjustment in accordance with the provisions
of the New York city rent stabilization law as amended.
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