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State of New York Codes, Rules and Regulations (NYCRR)
Title 9. Executive Department
Subtitle S. Division of Housing and Community Renewal
Chapter VIII. Rent Stabilization Regulations
Subchapter B. Rent Stabilization Code
Part
2523. Hearings and Records
2523.1 |
Notice
of initial legal regulated rent |
2523.2 |
Certification
of services |
2523.3 |
Failure
to file a certification of services |
2523.4 |
Failure
to maintain services |
2523.5 |
Notice
for renewal of lease and renewal procedure |
2523.6 |
Notices
of appearance by attorney or other authorized represen tative
|
2523.7 |
Records
and recordkeeping |
2523.8 |
Notice
of change of ownership or address |
Part 2523
Notes
Statutory Authority: N.Y.C.
Administrative Code, §§ 26-511(b), 26-518(a) Added
Part 2523 on 5/01/87.
9
NYCRR § 2523.1
§ 2523.1 Notice of initial legal regulated
rent
Every owner of housing accommodations previously subject
to the City Rent Law and thereafter rented to a tenant on or after
April 1, 1984, shall within 90 days after the commencement of the
first tenancy subject to the RSL, give notice in writing by certified
mail to the tenant of each such housing accommodation on a form
prescribed by the DHCR for that purpose, reciting the initial legal
regulated rent for the housing accommodation and the tenant's right
to file an application for adjustment of the initial legal regulated
rent within 90 days of the certified mailing to the tenant of the
notice pursuant to section 2522.3 of this Title.
Notwithstanding the foregoing, where such application is filed
four years or more after the first date the housing accommodation
was no longer subject to the City Rent Law, the application shall
be dismissed pursuant to section 2522.3(c) of this Title.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.1 on 5/01/87; amended § 2523.1
on 12/20/00.
9
NYCRR § 2523.2
§ 2523.2 Certification of services
Every owner of housing accommodations subject to this
Code shall annually file with the DHCR, on a form which the DHCR
shall prescribe for that purpose, a written certification that
he or she is maintaining and will continue to maintain all services
as required by section 2520.6(r) of this Title, or required to
be furnished by any law, or regulation applicable to the housing
accommodation. Compliance with section 2528.3 of this Title, shall
also be in compliance with this section.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.2 on 5/01/87.
9
NYCRR § 2523.3
§ 2523.3 Failure to file a certification
of services
No owner shall be entitled to collect a rent adjustment
pursuant to a rent guidelines board order as authorized under
section 2522.5 of this Title, until the owner has filed a proper
certification as required by section 2523.2 of this Part, nor
shall any owner be entitled to a rent restoration based upon a
restoration of services unless such restoration of services has
been determined by the DHCR in a proceeding commenced by an owner's
application to restore rent or a proceeding commenced pursuant
to section 2526.2 of this Title, or in another proceeding pursuant
to this Code. Such restoration shall take effect, where restoration
of services has been determined in a proceeding commenced by an
owner's application for rent restoration, in accordance with section
2522.2 of this Title and, where restoration of services has been
determined by the DHCR in a proceeding commenced pursuant to section
2526.2 of this Title, or in another proceeding pursuant to this
Code, on the date specified in the order of the DHCR issued in
such proceeding.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.3 on 5/01/87; amended §
2523.3 on 12/20/00.
9
NYCRR § 2523.4
§ 2523.4 Failure to maintain services
(a)
(1) A tenant may apply to the DHCR for a reduction of the legal
regulated rent to the level in effect prior to the most recent
guidelines adjustment, subject to the limitations of subdivisions
(c)-(h) of this section, and the DHCR shall so reduce the rent
for the period for which it is found that the owner has failed
to maintain required services. The order reducing the rent shall
further bar the owner from applying for or collecting any further
increases in rent until such services are restored or no longer
required pursuant to an order of the DHCR. If the DHCR further
finds that the owner has knowingly filed a false certification,
it may, in addition to abating the rent, assess the owner with
the reasonable costs of the proceeding, including reasonable
attorney's fees, and impose a penalty not in excess of $250
for each false certification.
(2) Where an application for a rent adjustment pursuant to
section 2522.4(a)(2) of this Title has been granted, and collection
of such rent adjustment commenced prior to the issuance of the
rent reduction order, the owner will be permitted to continue
to collect the rent adjustment regardless of the effective date
of the rent reduction order, notwithstanding that such date
is prior to the effective date of the order granting the adjustment.
In addition, regardless of the effective date thereof, a rent
reduction order will not affect the continued collection of
a rent adjustment pursuant to section 2522.4(a)(1) of this Title,
where collection of such rent adjustment commenced prior to
the issuance of the rent reduction order.
(b) Proceedings pending on the effective date of
this Code [May 1, 1987] involving tenant complaints of owners'
failure to provide hotel services shall be determined in accordance
with the RSL and Hotel Industry Code in effect immediately prior
to such effective date of this Code.
(c) Before filing an application for a reduction
of the legal regulated rent pursuant to subdivision (a) of this
section, a tenant must have first notified the owner or the owner's
agent in writing of all the service problems listed in such application.
A copy of the written notice to the owner or agent with proof
of mailing or delivery must be attached to the application. Applications
may only be filed with the DHCR no earlier than 10 and no later
than 60 days after such notice is given to the owner or agent.
Prior written notice to the owner or agent is not required for
complaints pertaining to heat or hot water, or other conditions
requiring emergency repairs. Applications based upon a lack of
adequate heat or hot water must be accompanied by a report from
the appropriate city agency finding such lack of adequate heat
or hot water.
(d)
(1) In the event notice of any inspection is given by the DHCR
in a proceeding commenced pursuant to this section, the inspection
shall be conducted on notice to both the owner and tenant.
(2) Upon receipt of a copy of the tenant's complaint from the
DHCR, an owner shall have 45 days in which to respond. If during
this period of time, an owner has attempted, but been unable
to obtain access to the subject housing accommodation to correct
the service or equipment deficiency, the owner should set forth
such facts in the response. Upon receipt thereof, in order to
facilitate the resolution of the complaint, the DHCR may direct
an inspector to accompany the owner or the owner's agent to
the housing accommodation to determine whether such access is
being provided. In order for DHCR to coordinate the inspection,
the owner should indicate that access has been denied in the
response submitted to the DHCR and should include copies of
two letters to the tenant attempting to arrange for access.
Each of the letters must have been mailed at least eight days
prior to the date proposed for access, and must have been mailed
by certified mail, return receipt requested. Exceptions to such
requirements for inspection may be permitted under emergency
conditions, where special circumstances exist, or pursuant to
court order. The service complaint, or objection to a rent restoration
application, by a tenant who fails to provide access at the
time arranged by the DHCR for the inspection will be denied.
(e) Certain conditions complained of as constituting
a decrease in a required service may be de minimis in nature,
and therefore do not rise to the level of a failure to maintain
a required service for the purposes of this section. Such conditions
are those that have only a minimal impact on tenants, do not affect
the use and enjoyment of the premises, and may exist despite regular
maintenance of services.
The following schedule sets forth conditions that
will generally not constitute a failure to maintain a required
service. However, this schedule is not intended to be exclusive,
and is not determinative in all cases and under all circumstances.
Therefore, it does not include all conditions that may be considered
de minimis, and there may be circumstances where a condition,
although included on the schedule, will nevertheless be found
to constitute a decrease in a required service.
Schedule Of De Minimis Conditions
Building-Wide Conditions
1. Air conditioner -- failure to provide
in lobby, hallways, stairwells, and other non-enclosed public
areas.
2. Building entrance door -- removal of canopy
over unlocked door leading to vestibule; changes in door-locking
devices, where security or access is not otherwise compromised.
3. Carpeting -- change in color or quality
under certain circumstances; isolated stains on otherwise clean
carpets; frayed areas which do not create a tripping hazard.
4. Clotheslines -- removal of, whether or
not dryers are provided.
5. Cracks -- sidewalk cracks which do not
create a tripping hazard; hairline cracks in walls and ceilings.
6. Decorative amenities -- modification (e.g.,
fountain replaced with rock garden); removal of some or all
for aesthetic reasons.
7. Elevator -- failure to post elevator inspection
certificates; failure to provide or maintain amenities (e.g.,
ashtray, fan, recorded music).
8. Floors -- failure to wax floors; discrete
areas in need of cleaning or dusting, where there is evidence
that janitorial services are being regularly provided and most
areas are clean (see janitorial services, item 12).
9. Garage -- any condition that does not
interfere with the use of the garage or an assigned parking
space (e.g., peeling paint where there is no water leak).
10. Graffiti -- minor graffiti inside the
building; any graffiti outside the building where the owner
submits an affidavit of on-going maintenance indicating a reasonable
time period when the specific condition will be next addressed.
11. Landscaping -- modification; failure
to maintain a particular aspect of landscaping where the grounds
are generally maintained.
12. Janitorial services -- failure to clean
or dust discrete areas, where there is evidence that janitorial
services are being regularly provided because most areas are,
in fact, clean.
13. Lighting in public areas -- missing light
bulbs where the lighting is otherwise adequate.
14. Lobby or hallways -- discontinuance of
fresh cut flowers; removal of fireplace or fireplace andirons;
modification of furniture; removal of some furnishings (determined
on a case by case basis); removal of decorative mirrors; reduction
in lobby space where reasonable access to tenant areas are maintained;
elimination of public area door mat; failure to maintain a lobby
directory that is not associated with a building intercom; removal
or replacement of window coverings (see decorative amenities,
item 6).
15. Mail distribution -- elimination of door-to-door
or other methods of mail distribution where mailboxes are installed
in a manner approved by the U.S. Postal Service.
16. Masonry -- minor deterioration; failure
to point exterior bricks where there is no interior leak damage.
17. Painting -- Change in color in public
areas under certain circumstances (e.g., not in violation of
the New York City housing maintenance code); replacement of
wallpaper or stenciling with paint in the public areas; isolated
or minor areas where paint or plaster is peeling, or other similarly
minor areas requiring repainting, provided there are no active
water leaks; any painting condition in basement or cellar areas
not usually meant for or used by tenants; any painting condition
that is limited to the top- floor bulkhead area provided there
is no active water leak in such area.
18. Recreational facilities -- modifications,
such as reasonable substitution of equipment, combination of
areas, or reduction in the number of items of certain equipment
where overall facilities are maintained (see roof, item 19).
19. Roof -- discontinuance of recreational
use (e.g., sunbathing) unless a lease clause provides for such
service, or formal facilities (e.g., solarium) are provided
by the owner; lack of repairs where water does not leak into
the building or the condition is not dangerous.
20. Sinks -- failure to provide or maintain
in compactor rooms or laundry rooms.
21. Storage space -- removal or reduction
of, unless storage space service is provided for in a specific
rider to the lease (not a general clause in a standard form
residential lease), or unless the owner has provided formal
storage boxes or bins to tenants within three years of the filing
of a tenant's complaint alleging an elimination or a reduction
in storage space service.
22. Superintendent/maintenance staff/management
-- decrease in the number of staff, other than security, provided
there is no decrease in janitorial services; elimination of
on-site management office; failure to provide an on- site superintendent,
provided there is no decrease in janitorial services.
23. Television -- replacement of individual
antennas with master antenna; visible cable; television wires;
or other technologies.
24. Toilet in public areas -- removal of
(except in buildings containing class B units).
25. Windows -- sealed, vented, basement or
crawl space windows, other than in areas used by tenants (e.g.,
laundry rooms); cracked fire-rated windows; peeling paint or
other nonhazardous condition of exterior window frames.
Individual Apartment Conditions
1. Appliances and fixtures -- chips on appliances,
countertops, fixtures or tile surfaces; color- matching of appliances,
fixtures or tiles.
2. Cracks -- hairline cracks; minor wall
cracks, provided there is no missing plaster, or no active water
leak.
3. Doors -- lack of alignment, provided condition
does not prevent proper locking of entrance door or closing
of interior door.
4. Floor -- failure to provide refinishing
or shellacking.
5. Noise -- caused by another tenant.
6. Window furnishings -- failure to re-tape
or re-cord venetian blinds.
(f) In determining whether a condition is de minimis,
the DHCR may consider the passage of time during which a disputed
service was not provided and during which no complaint was filed
by any tenant alleging failure to maintain such disputed service,
as evidencing that such service condition is de minimis,
and therefore does not constitute a failure to maintain a required
service, provided that:
(1) for purposes of this subdivision, the passage of four years
or more shall be considered presumptive evidence that the condition
is de minimis, with such four-year period to be measured
without reference to any changes in building ownership or the
tenancy of the subject housing accommodation;
(2) services required to be provided by laws or regulations
other than the RSL and this Code shall not be subject to this
subdivision.
(1) Except as to complaints of inadequate heat and/or hot water,
or applications relating to the restoration of rents based upon
the restoration of such services, whenever a complaint of building-wide
reduction in services, or an owner's application relating to
the restoration of rents based upon the restoration of such
services is filed, the tenants or owner may submit with the
complaint, answer or application, the contemporaneous affidavit
of an independent licensed architect or engineer, substantiating
the allegations of the complaint, answer, or application. The
affidavit shall state that the conditions that are the subject
of the complaint, answer or application were investigated by
the person signing the affidavit and that the conditions exist
(if the affidavit is offered by the tenants) or do not exist
(if the affidavit is offered by the owner). The affidavit shall
specify what conditions were investigated and what the findings
were with respect to each condition. The affidavit shall state
when the investigation was conducted, must be submitted within
a reasonable time after the completion of the investigation,
and when served by DHCR on the opposing party, will raise a
rebuttable presumption that the conditions that are the subject
of the complaint, answer or application exist (if the affidavit
is submitted by the tenants), or do not exist (if the affidavit
is submitted by the owner).
(2) The presumption raised by the affidavit may be rebutted
only on the basis of persuasive evidence, including a counter
affidavit by an independent licensed architect or engineer,
or a report of a subsequent inspection conducted, or a subsequent
violation imposed by a governmental agency, or an affirmation
signed by 51 percent of the complaining tenants. Except for
good cause shown, failure to rebut the presumption within 30
days will result in the issuance of an order without any further
physical inspection of the premises by DHCR.
(3) There must be no common ownership, or other financial interest,
between such architect or engineer, and the owner or tenants,
and the affidavit shall state that there is no such relationship
or other financial interest. The affidavit must also contain
a statement that the architect or engineer did not engage in
the performance of any work, other than the investigation, relating
to the conditions that are the subject of the affidavit, and
must contain the original signature and professional stamp of
the architect or engineer, not a copy. DHCR may conduct follow-up
inspections randomly to ensure that the affidavits accurately
indicate the conditions of the premises. Any person or party
who submits a false statement will be subject to all penalties
provided by law.
(h) The amount of the reduction in rent ordered by
the DHCR pursuant to this section shall be reduced by any credit,
abatement or offset in rent which the tenant has received pursuant
to section 235-b of the Real Property Law, that relates to one
or more conditions covered by such order.
Statutory
Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.4 on 5/01/87; amended §
2523.4 on 12/20/00; added § 2523.4(c) on 12/20/00; added
§ 2523.4(d) on 12/20/00; added § 2523.4(e) on 12/20/00;
added § 2523.4(f) on 12/20/00; added § 2523.4(g) on
12/20/00; added § 2523.4(h) on 12/20/00.
9
NYCRR § 2523.5
§ 2523.5 Notice for renewal of lease
and renewal procedure
(a) On a form prescribed or a facsimile of such form
approved by the DHCR, dated by the owner, every owner, other than
an owner of hotel accommodations, shall notify the tenant named
in the expiring lease not more than 150 days and not less than
90 days prior to the end of the tenant's lease term, by mail or
personal delivery, of the expiration of the lease term, and offer
to renew the lease or rental agreement at the legal regulated
rent permitted for such renewal lease and otherwise on the same
terms and conditions as the expiring lease. The owner shall give
such tenant a period of 60 days from the date of service of such
notice to accept the offer and renew such lease. The tenant's
acceptance of such offer shall be entered on the designated part
of the prescribed form, or facsimile thereof, and returned to
the owner by mail or personal delivery. Pursuant to the provisions
of section 2522.5(b)(1) of this Title, the owner shall furnish
to such tenant a copy of the fully executed renewal lease form
bearing the signatures of the owner and tenant within 30 days
of the owner's receipt of the renewal lease form signed by the
tenant. Upon execution by the owner and delivery to the tenant,
such form shall constitute a binding renewal lease. Upon failure
of the owner to deliver a copy of the fully executed renewal lease
form to the tenant within 30 days from the owner's receipt of
such form signed by the tenant, such tenant shall not be deprived
of any of his or her rights under the RSL and this Code and the
owner shall be barred from commencing any action or proceeding
against the tenant based upon nonrenewal of lease, pursuant to
section 2524.3(f) of this Title. In the event that such notice
is given to the tenant after the expiration of the lease, the
provisions of subdivision (c) of this section shall govern.
(b)
(1) Unless otherwise prohibited by occupancy restrictions based
upon income limitations pursuant to federal, state or local
law, regulations or other requirements of governmental agencies,
if an offer is made to the tenant pursuant to the provisions
of subdivision (a) of this section and such tenant has permanently
vacated the housing accommodation, any member of such tenant's
family, as defined in section 2520.6(o) of this Title, who has
resided with the tenant in the housing accommodation as a primary
residence for a period of no less than two years, or where such
person is a "senior citizen," or a "disabled
person" as defined in paragraph (4) of this subdivision,
for a period of no less than one year, immediately prior to
the permanent vacating of the housing accommodation by the tenant,
or from the inception of the tenancy or commencement of the
relationship, if for less than such periods, shall be entitled
to be named as a tenant on the renewal lease.
(2) The minimum periods of required residency set forth in
this subdivision shall not be deemed to be interrupted by any
period during which the "family member" temporarily
relocates because he or she:
(i) is engaged in active military duty;
(ii) is enrolled as a full-time student;
(iii) is not in residence at the housing accommodation pursuant
to a court order not involving any term or provision of the
lease, and not involving any grounds specified in the Real
Property Actions and Proceedings Law;
(iv) is engaged in employment requiring temporary relocation
from the housing accommodation;
(v) is hospitalized for medical treatment; or
(vi) has such other reasonable grounds that shall be determined
by the DHCR upon application by the such person.
(3) The 60-day period from the date of service of the notice
for renewal of lease for acceptance and renewal provided to
the tenant in subdivision (a) of this section, shall also apply
to the tenant's "family member."(4) For the purposes
of this subdivision (b), disabled person is defined as a person
who has an impairment which results from anatomical, physiological
or psychological conditions, other than addiction to alcohol,
gambling, or any controlled substance, which are demonstrable
by medically acceptable clinical and laboratory diagnostic techniques,
and which are expected to be permanent and which substantially
limit one or more of such person's major life activities.
(1) Where the owner fails to timely offer a renewal lease or
rental agreement in accordance with subdivision (a) of this
section, the one- or two-year lease term selected by the tenant
shall commence at the tenant's option, either (i) on the date
a renewal lease would have commenced had a timely offer been
made, or (ii) on the first rent payment date occurring no less
than 90 days after the date that the owner does offer the lease
to the tenant. In either event, the effective date of the increased
rent under the renewal lease shall commence on the first rent
payment date occurring no less than 90 days after such offer
is made by the owner, and the guidelines rate applicable shall
be no greater than the rate in effect on the commencement date
of the lease for which a timely offer should have been made.
(2) Where the tenant fails to timely renew an expiring lease
or rental agreement offered pursuant to this section, and remains
in occupancy after expiration of the lease, such lease or rental
agreement may be deemed to have been renewed upon the same terms
and conditions, at the legal regulated rent, together with any
guidelines adjustments that would have been applicable had the
offer of a renewal lease been timely accepted. The effective
date of the rent adjustment under the "deemed" renewal
lease shall commence on the first rent payment date occurring
no less than 90 days after such offer is made by the owner.
(3) Notwithstanding the provisions of paragraph (2) of this
subdivision, an owner may elect to commence an action or proceeding
to recover possession of a housing accommodation in a court
of competent jurisdiction pursuant to sections 2524.2(c)(1)
and 2524.3(f) of this Title, where the tenant, upon the expiration
of the existing lease or rental agreement, fails to timely renew
such lease in the manner prescribed by this section.
(d) Except as provided in Part 2524 of this Title,
the failure to offer a renewal lease pursuant to this section
shall not deprive the tenant of any protections or rights provided
by the RSL and this Code and the tenant shall continue to have
the same rights as if the expiring lease were still in effect.
(e) On a form prescribed or a facsimile of such
form approved by the DHCR, a tenant may, at any time, advise the
owner, or an owner may request from the tenant at any time, but
no more often than once in any 12 months, the names of all persons
other than the tenant who are residing in the housing accommodation,
and the following information pertaining to such persons:
(1) if the person is a "family member" as defined
in subdivision (o) of section 2520.6 of this Title; and
(2) if the person is, or upon the passage of the applicable
minimum period of required residency, may become a person entitled
to be named as a tenant on a renewal lease pursuant to subdivision
(b)(1) of this section, and the date of the commencement of
such person's primary residence with the tenant; and
(3) if the person is a "senior citizen" or a "disabled
person" as defined in section 2520.6(p) of this Title,
and subdivision (b)(4) of this section.
Failure of the tenant to provide such information
to the owner, regardless of whether the owner requests the information,
shall place upon all such persons not so made known to the owner,
who seek to exercise the right to be named as a tenant on a renewal
lease as provided for in subdivision (b) of this section, the
affirmative obligation to establish such right.
(f) For the purpose of determining whether an owner
may charge the rent increases authorized pursuant to subdivision
f of section 26-512 of the RSL, every owner who enters into a
renewal lease pursuant to subdivision (b) of this section shall
notify the DHCR, in a manner prescribed by the DHCR, whether the
tenant named on the lease in effect for the housing accommodation
at the time such notice is given was so named as the result of
the exercise of rights pursuant to subdivision (b) of this section,
together with the commencement date of the first renewal lease
for the housing accommodation on which such tenant was named.
Such notice shall create a rebuttable presumption that the owner
is entitled to collect such sum.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.5 on 5/01/87; amended §
2523.5(a) on 12/20/00; amended § 2523.5(c) on 12/20/00; amended
§ 2523.5(e) opening paragraph on 12/20/00; amended 2523.5(e)(3)
on 4/04/90; repealed and added 2523.5(f) on 12/20/00.
9
NYCRR § 2523.6
§ 2523.6 Notices of appearance by attorney
or other authorized represen tative
(a) Whenever an attorney or other authorized representative
appears for a party who is involved in a proceeding before the
DHCR, such person must file a notice of appearance which shall
be on a form prescribed by the DHCR, unless the application which
instituted the proceeding before the DHCR stated the representation
of such person and his or her mailing address in the space allotted
for the mailing address of the represented party. An attorney
who appears for such party may instead use the letterhead stationery
of his or her office as a notice of appearance if the information
contained therein substantially conforms to the information required
by the form. All subsequent written communications or notices
to such party (other than subpoenas) shall be sent to such attorney
or other authorized representative at the address designated in
such notice of appearance. The service of written communications
and notices upon such attorney or other authorized representative
shall be deemed full and proper service upon the party or parties
so represented. If an authorized representative appears, such
notice of appearance must be accompanied by a written authorization,
duly verified or affirmed, by the party represented.
(b) Whenever an attorney or other authorized representative
shall represent the same party or parties in more than one proceeding
before the DHCR, separate notices of appearance and authorizations
shall be filed in each proceeding.
(c) Any submission signed by an attorney or other
authorized representative must state that such person has personal
knowledge of the facts contained in such submission, or if he
or she does not have such personal knowledge, the basis for such
person's information.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.6 on 5/01/87.
NYCRR § 2523.7
§ 2523.7 Records and recordkeeping
(a) Except as provided in subdivision (b) of this
section, every owner subject to this Code shall keep, preserve,
and make available for examination, records from the date immediately
prior to the date the housing accommodation became subject to
the RSL, showing the individual housing accommodation services
and building-wide services provided or required to be provided
on the applicable base date.
(b) An owner shall maintain records relating to
rents of housing accommodations for four years prior to the date
the most recent registration for such accommodation was required
to have been filed. An owner shall not be required to produce
any rent records in connection with proceedings under sections
2522.3 and 2526.1 of this Title relating to a period that is prior
to the base date. Notwithstanding the above, such owner shall
continue to maintain such records for all housing accommodations
for which a complaint of overcharge or a fair market rent appeal
has been filed by a tenant, until a final order of the DHCR is
issued.
(c)
(1) In the absence of collusion or any relationship between
a prior owner and an owner who purchases upon a judicial sale,
or such other sale effected in connection with, or to resolve,
in whole or in part, a bankruptcy proceeding, mortgage foreclosure
action or other judicial proceeding, such purchaser shall not
be required to provide records for the period prior to such
sale, except where records sufficient to establish the legal
regulated rent are available to such purchaser. This subdivision
shall apply to an owner who purchases subsequent to such judicial
or other sale.
(2) Court-appointed receivers. A receiver who is appointed
by a court of competent jurisdiction to receive rent for the
use or occupation of a housing accommodation shall not, in the
absence of collusion or any relationship between such receiver
and any owner or other receiver, be required to provide records
for the period prior to such appointment, except where records
sufficient to establish the legal regulated rent are available
to such receiver. This subdivision shall not be construed to
waive the purchaser's obligation to register pursuant to Part
2528 of this Title.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.7 on 5/01/87; amended §
2523.7 on 12/20/00.
9
NYCRR § 2523.8
§ 2523.8 Notice of change of ownership
or address
(a) Within 30 days after a change in ownership, the
new owner shall notify the DHCR of such change on a form prescribed
by the DHCR. Such form shall be signed by the new owner, listing
the address of the building or complex, the name, address and
telephone number of the new owner, and the date of the transfer
of ownership.
(b) Within 30 days after a change in the address
of the managing agent, such managing agent, or, if there is no
managing agent, the owner of a building or group of buildings
or development shall give written notice to the DHCR and to all
tenants of the new address.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2523.8 on 5/01/87; amended §
2523.8 on 12/20/00.
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