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
2525. Prohibitions
2525.1 |
General
prohibitions |
2525.2 |
Evasion
|
2525.3 |
Conditional
rental |
2525.4 |
Security
deposits |
2525.5 |
Harassment |
2525.6 |
Subletting;
assignment |
2525.7 |
Occupancy
by persons other than tenant of record or tenant's immediate
family |
9 NYCRR Part
2525 Notes
Statutory Authority: N.Y.C.
Administrative Code, §§ 26-511(b), 26-518(a) Added
Part 2525 on 5/01/87; added Part 2525.7 on 12/20/00.
9
NYCRR § 2525.1
§ 2525.1 General prohibitions
It shall be unlawful, regardless of any contract, lease
or other obligation heretofore or hereafter entered into, for any
person to demand or receive any rent for any housing accommodation
in excess of the legal regulated rent, or otherwise to do or omit
to do any act, in violation of any regulation, order or requirement
under the RSL or this Code, or to offer, solicit, attempt or agree
to do any of the foregoing. In addition to the definition contained
in section 2520.6(c) of this Title, the term rent, as herein before
defined, shall also include the payment by a tenant of a fee or
rental commission to an owner or to any person or real estate broker
where such person or real estate broker is an agent or employee
of the owner employed by the owner in connection with the operation
or management of the building in which the housing accommodation
is located, or where the owner or his or her employee refers the
tenant to such person or such real estate broker employed by the
owner in connection with the operation or management of the building,
for the purpose of renting the housing accommodation, or where there
is common ownership, directly or indirectly, or a financial interest
between the owner and such person or real estate broker.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2525.1 on 5/01/87.
9
NYCRR § 2525.2
§ 2525.2 Evasion
(a) The legal regulated rents and other requirements
provided in this Code shall not be evaded, either directly or indirectly,
in connection with the renting or leasing or the transfer of a lease
for housing accommodations by requiring the tenant to pay, or obligate
himself or herself for membership or other fees, or by modification
of the practices relating to payment of commissions or other charges,
or by modification of the services furnished or required to be furnished
with the housing accommodations, or otherwise.
(b)
(1) Upon the receipt of rent in the form of cash or any instrument
other than the personal check of the tenant, it shall be the duty
of the owner to provide the tenant with a written receipt containing
the following:
(i) the date;
(ii) the amount;
(iii) the identity of the premises and period for which paid;
and
(iv) the signature and title of the person receiving the rent.
(2) Where a tenant, in writing, requests that an owner provide
a receipt for rent paid by personal check, it shall be the duty
of the owner to provide the tenant with the receipt described in
paragraph (1) of this subdivision for each such request made in
writing.
(3) The receipt provided pursuant to this subdivision shall state
the name and New York City address of the managing agent or designee
thereof, as required by section 27-2105 of the Administrative Code
of the City of New York. A failure to comply with the provisions
of this subdivision shall constitute an evasionary practice.
Statutory Authority:
New York City Administrative Code, § 27-2105,
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2525.2 on 5/01/87.
9
NYCRR § 2525.3
§ 2525.3 Conditional rental
(a) No owner or other person shall require a tenant
or prospective tenant to purchase or lease, or agree to purchase
or lease, furniture or any other personal property, including but
not limited to shares to an apartment, prior to the acceptance for
filing by the Attorney General of a plan of cooperative conversion,
as a condition of renting housing accommodations.
(b) No owner or other person shall require a tenant, prospective
tenant or a prospective permanent tenant to represent or agree as
a condition of renting a housing accommodation that the housing
accommodation shall not be used as the tenant's or prospective tenant's
primary residence, or the prospective permanent tenant's principal
residence.
(c) No owner or other person shall require a tenant or prospective
tenant to sign a lease or other rental agreement in the name of
a corporation or for professional or commercial use as a condition
of renting a housing accommodation when the housing accommodation
is to be used as the primary residence of the prospective tenant
for residential purposes.
(d) No owner or other person shall engage in any practice, including
but not limited to illusory or collusive rental practices which
deprive a tenant in possession of his or her rights under this Code.
(e) The term other person as used in this section shall include
an agent, or any other employee of an owner, or any other entity,
acting with or without the authority of the owner.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2525.3 on 5/01/87.
9
NYCRR § 2525.4
§ 2525.4 Security deposits
Regardless of any contract, agreement, lease or other
obligation heretofore or hereafter entered into, no owner, in addition
to the authorized collection of rent, shall demand, receive or retain
a security deposit or advance payment for or in connection with
the use or occupancy of a housing accommodation which exceeds the
rent for one month; provided, however, that where a greater security
deposit was paid by the tenant in continuous occupancy since the
date the housing accommodation became subject to the RSL, such deposit
may continue in effect during the term of such lease and any renewals
thereof with the same tenant. Such security deposit shall be subject
to the following conditions:
(a) the security deposit shall be deposited in an interest-bearing
account in a banking organization in New York State;
(b) the person depositing such security money shall be entitled
to receive, as administrative expenses, a sum equivalent to one
percent per annum upon the security money so deposited;
(c) at the tenant's option, the balance of the interest paid by
the banking organization shall be applied for the rental of the
housing accommodation, or held in trust until repaid, or annually
paid to the tenant; and
(d) the owner otherwise complies with the provisions of article
7 of the General Obligations Law.
Statutory Authority:
General Obligations, Art. 7, N.Y.C. Administrative
Code, §§ 26-511(b), 26-518(a)
History:
Added § 2525.4 on 5/01/87.
9
NYCRR § 2525.5
§ 2525.5 Harassment:
It shall be unlawful for any owner or any person acting
on his or her behalf, directly or indirectly, to engage in any course
of conduct (including but not limited to interruption or discontinuance
of required services, or unwarranted or baseless court proceedings)
which interferes with, or disturbs, or is intended to interfere
with or disturb, the privacy, comfort, peace, repose or quiet enjoyment
of the tenant in his or her use or occupancy of the housing accommodation,
or is intended to cause the tenant to vacate such housing accommodation
or waive any right afforded under this Code.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added 2525.5 on 5/01/87.
9
NYCRR § 2525.6
§ 2525.6 Subletting; assignment
(a) Housing accommodations subject to this Code rented
by a tenant pursuant to an existing lease may be sublet in accordance
with the provisions, and subject to the limitations, of section
226-b of the Real Property Law, provided that the additional provisions
of this section are complied with and provided further that the
tenant can establish that at all times he or she has maintained
the housing accommodation as his or her primary residence and intends
to occupy it as such at the expiration of the sublease.
(b) The rental charged to the subtenant by the tenant shall not
exceed the legal regulated rent plus no more than a 10-percent surcharge
payable to the tenant if the housing accommodation is sublet fully
furnished. Where a tenant violates the provisions of this subdivision,
the subtenant shall be entitled to treble damages.
(c) The tenant may not sublet a housing accommodation for more
than a total of two years, including the term of the proposed sublease,
out of the four- year period preceding the termination date of the
proposed sublease. The term of proposed sublease may, if lawful
under this section, extend beyond the term of the tenant's lease,
and an owner may not refuse consent to a sublease solely because
it extends beyond such term. A sublease which so extends shall be
subject to the tenant's right to a renewal lease.
(d) The tenant, rather than the subtenant, retains:
(1) the right to a renewal lease, whether or not the term of
the sublease extends beyond the term of the tenant's lease; and
(2) the rights and status of a tenant in occupancy with respect
to conversion to condominium or cooperative ownership.
(e)
(1) Upon the consent of the owner to a sublet, the legal regulated
rent payable to the owner effective upon the date of subletting
may be increased by the vacancy allowance, if any, provided in
the rent guidelines board order in effect at the time of the commencement
date of the lease, provided the lease is a renewal lease.
(2) Upon the consent of an owner to an assignment, regardless
of whether or not the lease is a renewal lease, the legal regulated
rent payable to the owner effective upon the date of such assignment
may be increased by:
(i) the increase provided for in section 2522.8 of this Title;
and
(ii) which may be further increased by the vacancy allowance,
if any, provided in the rent guidelines board order in effect
at the time of the commencement date of the lease. Such increases
shall remain part of the legal regulated rent for any subsequent
renewal lease. However, in the case of a subletting, upon termination
of the sublease, the legal regulated rent shall revert to the
legal regulated rent without the sublet vacancy allowance.
(f) An owner may terminate the tenancy of a tenant who sublets
contrary to the terms of this section, or assigns without written
consent of the owner, but no action or proceeding to terminate tenancy
based upon the nonprimary residence of a tenant may be commenced
prior to the expiration date of his or her lease.
(g) For housing accommodations which are first made subject to
this Code solely by reason of article 7-C of the MDL, nothing herein
shall be deemed to prevent or limit the rights of tenants to sell
improvements pursuant to MDL section 286(6).
Statutory Authority:
Multiple Dwelling, § A7-C, § 286; Real
Property Law, §226-B, N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2525.6 on 5/01/87; amended §2525.6(e)
on 12/20/00; repealed §2525.6(g) on 12/20/00; relettered §
2525.6(h) to be (g) on 12/20/00.
9
NYCRR § 2525.7
§ 2525.7 Occupancy by persons other than
tenant of record or tenant's immediate family
(a) Housing accommodations subject to the RSL and this
Code may be occupied in accordance with the provisions and subject
to the limitations of section 235-f of the Real Property Law.
(b) The rental amount that a tenant may charge a person in occupancy
pursuant to section 235-f of the Real Property Law shall not exceed
such occupant's proportionate share of the legal regulated rent
charged to and paid by the tenant for the subject housing accommodation.
For the purposes of this subdivision, an occupant's proportionate
share shall be determined by dividing the legal regulated rent by
the total number of tenants named on the lease and the total number
of occupants residing in the subject housing accommodation. However,
the total number of tenants named on the lease shall not include
a tenant's spouse, and the total number of occupants shall not include
a tenant's family member or an occupant's dependent child. Regardless
of the number of occupants, tenants named on the lease shall remain
responsible for payment to the owner of the entire legal regulated
rent. The charging of a rental amount to an occupant that exceeds
that occupant's proportionate share shall be deemed to constitute
a violation of this Code.
Statutory Authority:
Real Property Law, § 235-F, N.Y.C. Administrative
Code, §§ 26-511(b), 26-518(a)
History:
Added § 2525.7 on 12/20/00.
|