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
2528. Registration of Housing Accommodations
2528.1 |
Initial
registration |
2528.2 |
Initial
registration requirements |
2528.3 |
Annual
registration requirements |
2528.4 |
Penalty
for failure to register |
2528.5 |
Confidentiality
|
9
NYCRR Part 2528 Notes
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a).
Added Part 2528 on 5/01/87.
9
NYCRR § 2528.1
§ 2528.1 Initial registration
Each housing accommodation subject to the RSL on April
1, 1984, or thereafter, and not exempted from registration by the
DHCR, shall be registered by the owner thereof with the DHCR within
90 days after such date.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2528.1 on 5/01/87.
9
NYCRR § 2528.2
§ 2528.2 Initial registration requirements
(a) The initial registration shall be made on forms
prescribed or approved by the DHCR, and shall include:
(1) the address of the building or group of buildings or development
in which such housing accommodation is located and the name of
the tenant residing therein;
(2) the number of housing accommodations in the building or group
of buildings or development;
(3) the number of housing accommodations in the building or group
of buildings or development subject to the RSL and the number
of such housing accommodations subject to the City Rent Law;
(4) the rent charged on April 1, 1984, or the rent charged on
the date the housing accommodation became subject to the requirements
of this Part, and any changes in such rent between such date and
the date of registration;
(5) the number of rooms in such housing accommodation; and
(6) all services provided for in the last lease or rental agreement,
provided or required to be provided on the applicable base date,
or thereafter.
(b) Registration of housing accommodations subject to the City
Rent Law immediately prior to the date of filing the initial registration
statement shall include, in addition to the items set forth in subdivision
(a) of this section, where existing, the maximum rent immediately
prior to the date that such housing accommodations became subject
to the RSL or the requirements of this Part.
(c) Copies of the registration shall be filed in such manner and
in such place or places as the DHCR may designate. In addition,
a copy of the Building Services Registration form shall be posted
in a public area of the building as prescribed in the DHCR's Instructions
for Rent Registration.
(d) One copy of the Initial Apartment Registration form which pertains
to the tenant's housing accommodation shall be sent by the owner
to the tenant by certified mail. Service of such form pursuant to
this subdivision together with the Notice of Initial Legal Regulated
Rent shall constitute proper service of such Notice of Initial Legal
Regulated Rent under section 2523.1 of this Title. Provided, however,
that for registrations served prior to the effective date of this
subdivision, any method of service permitted by the DHCR at the
time of service shall be deemed to have the same effect as service
by certified mailing.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2528.2 on 5/01/87; amended § 2528.2(d)
on 12/20/00.
9
NYCRR § 2528.3
§ 2528.3 Annual registration requirements
In such manner and at such time as shall be determined
by the DHCR pursuant to section 2527.11 of this Title:
(a) An annual registration shall be filed containing the current
rent for each housing accommodation not otherwise exempt, a certification
of services, and such other information as may be required by
the DHCR pursuant to the RSL.
(b) Upon filing an annual registration, the owner shall provide
each tenant then in occupancy with a copy of that portion of such
annual registration applicable to the tenant's housing accommodation.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2528.3 on 5/01/87.
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NYCRR § 2528.4
§ 2528.4 Penalty for failure to register
(a) The failure to properly and timely comply, on or
after the base date, with the rent registration requirements of
this Part shall, until such time as such registration is completed,
bar an owner from applying for or collecting any rent in excess
of: the base date rent, plus any lawful adjustments allowable prior
to the failure to register. The late filing of a registration shall
result in the elimination, prospectively, of such penalty, and for
proceedings commenced on or after July 1, 1991, provided that increases
in the legal regulated rent were lawful except for the failure to
file a timely registration, an owner, upon the service and filing
of a late registration, shall not be found to have collected a rent
in excess of the legal regulated rent at any time prior to the filing
of the late registration. Nothing herein shall be construed to permit
the examination of a rental history for the period prior to four
years before the commencement of a proceeding pursuant to sections
2522.3 and 2526.1 of this Title.
(b) The failure to pay any administrative fees imposed by the RSL
shall constitute a charge due and owing the City of New York, and
no penalty for such failure to pay shall be imposed pursuant to
this Code.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2528.4 on 5/01/87; amended § 2528.4
on 12/20/00.
9
NYCRR § 2528.5
§ 2528.5 Confidentiality
Registration information filed with the DHCR pursuant
to this Part shall not be subject to the Freedom of Information
Law, provided that such information relative to a tenant, owner,
lessor or subtenant shall be made available to such party or his
or her authorized representative.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2528.5 on 5/01/87.
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