New York Rent Laws
RSL Table of Contents
NYC Rent Stabilization Law of 1969
Sec. 26-513. APPLICATION FOR ADJUSTMENT OF INITIAL RENT.
a. The tenant or owner of a housing accommodation made subject
to this law by the emergency tenant protection act of
nineteen seventy-four may, within sixty days of the local
effective date of this section or the commencement of the
first tenancy thereafter, whichever is later, file with the
commissioner an application for adjustment of the initial
legal regulated rent for such housing accommodation. The
commissioner 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. 1. The tenant of a housing accommodation that was
regulated pursuant to the city rent and rehabilitation
law or this law prior to July first, nineteen hundred
seventy-one and that became vacant on or after January
first, nineteen hundred seventy-four may file with the
commissioner within ninety days after notice has been
received pursuant to subdivision d 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 or her information and
belief, support such allegation. The rent guidelines
board shall promulgate as soon as practicable after the
local effective date of the emergency tenant protection
act of nineteen seventy-four guidelines for the
determination of fair market rents for housing
accommodations as to which any application may be made
pursuant to this subdivision. In rendering a
determination on an application filed pursuant to this
subdivision b the commissioner shall be guided by such
guidelines and by the rents generally prevailing in the
same area for substantially similar housing
accommodations. Where the commissioner has determined
that the rent charged is in excess of the fair market
rent he or she shall, in addition to any other
penalties or remedies permitted by law, 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.
2. The provisions of paragraph one of this subdivision
shall not apply to a tenant of a housing accommodation
for which the initial legal regulated rent is no
greater than the maximum rent that would have been in
effect under this law on December thirty-first,
nineteen hundred seventy-three, or for the period
commencing January first, nineteen hundred seventy-four
and ending December thirty-first, nineteen hundred
seventy-five as calculated pursuant to the city rent
and rehabilitation law (if no such maximum rent has
been calculated for a particular unit for the period
commencing January first, nineteen hundred seventy-four
and ending December thirty-first, nineteen hundred
seventy-five, the division of housing and community
renewal shall calculate such a rent), as the case may
be, if such apartment had not become vacant on or after
January first, nineteen hundred seventy-four, plus the
amount of any adjustment which would have been
authorized under this law for renewal leases or other
rental agreement, whether or not such housing
accommodation was subject to this law for leases or
other rental agreements commencing on or after July
first, nineteen hundred seventy-four.
c. Upon receipt of any application filed pursuant to this
section, the commissioner shall notify the owner or tenant,
as the case may be, and provide a copy to him or her 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
commissioner may hold a hearing on his or her own motion.
The commissioner shall issue a written opinion to both the
tenant and the owner upon rendering his or her
determination.
d. Within thirty days after the local effective date of the
emergency tenant protection act of nineteen seventy-four the
owner of housing accommodations as to which an application
for adjustment of the initial legal regulated rent may be
made pursuant to subdivision b of this section shall give
notice in writing by certified mail to the tenant of each
such housing accommodation on a form prescribed by the
commissioner 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. Notwithstanding any contrary provision in this law an
application for an adjustment pursuant to this section must
be filed within ninety days from the initial registration.
This subdivision shall not extend any other time limitations
imposed by this law.
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