Title 9 Part 2102 NYCRR — browse free

You’re browsing Title 9 — free.

Read the source-transparency report →Create a free account (no card) to open all 23 titles →

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2102.1 - Maximum rents

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Maximum rents may be increased or decreased only by order of the administrator except as hereinafter specified, or as otherwise provided by law.

9 NYCRR 2102.2 - Effective date of orders adjusting rents

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

No order increasing or decreasing a maximum rent previously established pursuant to this Subchapter shall be effective prior to the date on which the order is issued.

9 NYCRR 2102.3 - Grounds for increase of maximum rent

Source text available - table layout pending

LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 2102.4 - Grounds for decrease of maximum rent

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Westlaw Inline Boundary Correction
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The administrator at any time, on his own initiative, or on application of the owner or tenant, may order a decrease of the maximum rent otherwise allowable, only on the grounds that:

(a)

(1)Where a maximum rent has been established for a housing accommodation, other than in a rooming house, pursuant to section 2101.1(d) of this Title, and the landlord has filed a proper and timely registration statement pursuant to section 2103.3 of this Title, the administrator may order a decrease in the maximum rent where such maximum rent is substantially higher than the maximum rents for comparable housing accommodations, giving due consideration to any factors bearing on the equities involved.

(2)Where a maximum rent has been established for housing accommodations in rooming houses pursuant to section 2101.1(d), (e) or (h) of this Title, and the landlord has filed a proper and timely registration statement pursuant to section 2103.3 of this Title, the administrator may order a decrease in the maximum rent where such maximum rent is substantially higher than the maximum rents for comparable accommodations. Such comparability shall be limited to comparable accommodations in the same establishment, if any. The administrator may also order a decrease in the maximum rent where such maximum rent is based on a change in the number of occupants or the terms of occupancy and is higher than the amount by which the landlord customarily varied the rent for such number of occupants or terms of occupancy as reflected by the maximum rents for such rooms or units and terms of occupancy in effect on March 1, 1950, and where the landlord had no such customary variation and the maximum rent established upon a change in the number of occupants or the terms of occupancy is more than the rental value of such changed occupancy. In all such cases the administrator may take into consideration any factors bearing on the equities involved.

(b)There has been a substantial deterioration of the housing accommodations because of the failure of the landlord to properly maintain the same, or there has been a decrease in the dwelling space, essential services, furniture, furnishings or equipment required under section 2101.5 of this Title. It shall be no defense to an application to decrease the maximum rent that furniture or furnishings were removed on or after May 1, 1955 from a furnished housing accommodation with the consent of the tenant.

(c)A municipal department having jurisdiction certifies that the housing accommodation is a fire hazard or is in a continued dangerous condition or detrimental to life or health, or is occupied in violation of law.

(d)Under subdivision (b) of this section, the maximum rent of the housing accommodations shall be decreased by that amount which the administrator finds to be the reduction in the rental value of the housing accommodations because of the substantial deterioration or decrease in dwelling space, essential services, furniture, furnishings or equipment. The administrator may, however, take into consideration all factors bearing on the equities involved.

(e)Notwithstanding any other provision of this Subchapter, where a maximum rent has been established for a housing accommodation in a rooming house, the administrator may order a decrease in the maximum rent, having regard for any factors bearing on the equities involved, consistent with the purposes of the act to correct speculative, abnormal and unwarranted increases in rent.

(f)

(1)No increase in maximum rent pursuant to these regulations shall be collected from a tenant to whom there has been issued a tax abatement certificate pursuant to section 467-b of the Real Property Tax Law as amended by chapter 689, Laws of New York, 1972 (tax abatement for rent controlled property occupied by senior citizens) except as may be prescribed in such certificate.

(2)The administrator, upon application by the tenant on prescribed forms shall issue such tax abatement certificate where he finds that the tenant is eligible. A tenant shall be eligible for such tax abatement certificate if the requirements of section 467-b of the Real Property Tax Law amended by chapter 689 are complied with, and the governing body of the city, town, or village wherein the housing accommodations are located has adopted a local law, ordinance, or resolution in accordance with the provisions of said section.

(g)The amount of the reduction in maximum rent ordered by the administrator pursuant to subdivision (b) of 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

(h)There has been an approved conversion from master metering of electricity, with the cost of electricity included in the rent, to individual metering of electricity, with the tenant paying separately for electricity, and is in amounts set forth in a schedule of rent reductions for different- sized rent controlled housing accommodations included in Operational Bulletin 2003-1 governing electrical conversions issued pursuant to this subdivision and section 2109.8 of this Title by DHCR, 92-31 Union Hall Street, Jamaica, Queens, New York, and available at DHCR's website at www.dhcr.state.ny.us, and determined as follows:

(1)Direct metering. Where the conversion is to direct metering of electricity, with the tenant purchasing electricity directly from a utility, such schedule of rent reductions is based on the median monthly cost of electricity to tenants derived from data from the United States Census Bureau's 2002 New York City Housing and Vacancy Survey, as tabulated by the New York City Rent Guidelines Board, 51 Chambers Street, Suite 202, New York, NY, and available on its website at www.housingnyc.com, and as further adjusted where appropriate to reflect differences in electric rates outside New York City. The charge for electricity is not part of the maximum rent and is not subject to this Subchapter. The resolution of any dispute arising from the billing or collection of such charge is not within the jurisdiction of the commission. A conversion to direct metering is required to include rewiring the building unless the owner can establish that rewiring is unnecessary.

(2)Submetering. Where the conversion is to submetering of electricity, with the tenant purchasing electricity from the owner or a contractor retained by the owner, who purchases electricity from a utility at the bulk rate, such schedule of rent reductions is based on the median monthly cost of electricity to tenants derived from data from the United State's Census Bureau's 2002 New York City Housing and Vacancy Survey, as tabulated by the New York City Rent Guidelines Board, 51 Chambers Street, Suite 202, New York, NY, and available on its website at www.housingnyc.com, adjusted to reflect the bulk rate for electricity plus a reasonable service fee for the cost of meter reading and billing, based on the maximum estimated fee included in the Residential Submetering Manual revised October 2001, published by the New York State Energy Research and Development Authority, 17 Columbia Circle, Albany, NY, and available on its website at www.nyserda.org, and further adjusted where appropriate to reflect differences in electric rates outside New York City, and reflected in Operational Bulletin 2003-1. The owner or contractor retained by the owner is not permitted to charge the tenant more than the bulk rate for electricity plus a reasonable service charge for the cost of meter reading and billing. The charge for electricity as well as any related service surcharge is not part of the maximum rent and is not subject to this Subchapter. The resolution of any dispute arising from the billing or collection of such charge or surcharge is not within the jurisdiction of the commission. A conversion to submetering does not require rewiring the building provided the owner submits an affidavit sworn to by a licensed electrician that the existing wiring is safe and of sufficient capacity for the building.

(3)Recipients of senior citizen rent increase exemptions (SCRIE) or disability rent increase exemptions (DRIE). For a tenant who on the date of the conversion is receiving a SCRIE or DRIE authorized by local law, the rent is not reduced and the cost of electricity remains included in the rent, although the owner is permitted to install any equipment in such tenant's housing accommodation as is required for effectuation of electrical conversion pursuant to this paragraph.

(i)After the conversion, upon the vacancy of the tenant, the owner, without making application to the commission, is required to reduce the maximum rent for the housing accommodation in accordance with the schedule of rent reductions set forth in Operational Bulletin 2003-1, and thereafter any subsequent tenant is responsible for the cost of his or her consumption of electricity, and for the legal rent as reduced, including any applicable major capital improvement rent increase based upon the cost of work done to effectuate the electrical conversion.

(ii)After the conversion, if a tenant ceases to receive a SCRIE or DRIE, the owner, without making application to the commission, may reduce the rent in accordance with the schedule of rent reductions set forth in Operational Bulletin 2003-1, and thereafter the tenant is responsible for the cost of his or her electricity, and for the legal rent as reduced, including any applicable major capital improvement rent increase based upon the cost of work done to effectuate the electrical conversion, for as long as the tenant is not receiving a SCRIE or DRIE. Thereafter, in the event that the tenant resumes receiving a SCRIE or DRIE, the owner, without making application to the commission, is required to eliminate the rent reduction and resume responsibility for the tenant's electric bills.

(4)Every three years, upon the publication of a new housing vacancy survey, and tabulation of the survey data by the New York City Rent Guidelines Board, DHCR shall issue a new operational bulletin governing electrical conversions setting forth rent reductions based on the new survey data, and shall move to amend the regulations to incorporate by reference the new Operational Bulletin, Housing Vacancy Survey, and Rent Guidelines Board Tabulation. At such time as New York State Energy Research and Development Authority issues a new residential electric submetering manual setting forth a new maximum estimated submetering service fee, DHCR shall move to amend the regulations to incorporate that document by reference.

(i)

(1)Certain conditions complained of as constituting a substantial deterioration of a housing accommodation because of a reduction in an essential service may be de minimis in nature, and therefore do not rise to the level of a failure to maintain an essential 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 an essential 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 an essential service.

SCHEDULE OF DE MINIMIS CONDITIONS BUILDING-WIDE CONDITIONS

1.AIR CONDITIONING:

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 landlord 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 landlord; 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 landlord 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 non-hazardous 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.

(2)In determining whether a condition is de minimis, the administrator 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 an essential service, provided that:

(i)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;

(ii)services required to be provided by laws or regulations other than the Rent Law and this Subchapter shall not be subject to this subdivision.

(3)

(i)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 a landlord'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 landlord). 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 the administrator 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 landlord).

(ii)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 the administrator.

(iii)There must be no common ownership, or other financial interest, between such architect or engineer, and the landlord 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. The administrator 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.

9 NYCRR 2102.5 - Decrease of services: application, order or report

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)

(1)Until the accommodations become vacant the landlord shall maintain the same dwelling space, essential services, furniture, furnishings and equipment as required under section 2101.5 of this Title unless and until he has filed an application to decrease the dwelling space, essential services, furniture, furnishings, or equipment and an order permitting a decrease has been entered thereon by the administrator.

(2)On or after May 1, 1955 the removal of furniture or furnishings from housing accommodations rented as furnished, whether or not such removal is consented to by the tenant, shall constitute a decrease in service.

(b)When the accommodations become vacant the landlord may prior to renting to a new tenant decrease the dwelling space, essential services, furniture, furnishings, or equipment. Within 10 days after so renting, the landlord shall file a written report with the local rent administrator showing such decrease.

(c)The order on any application under subdivision (a) of this section may require an appropriate decrease in the maximum rent. Any maximum rent for which a report is required by subdivision (b) of this section may be decreased in accordance with the provisions of section 2102.4 of this Part.

(d)If the landlord shall have failed to file an application or a proper and timely report, as required by subdivision (a) or (b) of this section, the maximum rent shall be deemed in doubt and the administrator may issue an order fixing the maximum rent pursuant to section 2102.6 of this Part.

9 NYCRR 2102.6 - Orders where the maximum rent or other facts are in dispute, in doubt, or not known, or where maximum rent must be fixed

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Where the maximum rent or any fact necessary to the determination of the maximum rent, or the dwelling space, essential services, furniture, furnishings or equipment required to be provided with the accommodation, is in dispute between the landlord and the tenant, or is in doubt, or is not known, or is prescribed by section 2101.1(i) or (j) of this Title, the administrator at any time upon written request of either party, or on his own initiative, may issue an order determining the facts including the amount of the maximum rent, the dwelling space, essential services, furniture, furnishings and equipment, required to be provided with the accommodations. Such order shall determine such facts or establish the maximum rent as of May 1, 1950 or the date of first renting, whichever is later, except where the maximum rent is prescribed by section 2101.1(i) or (j) of this Title. Where such order establishes the maximum rent it may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final. Where the maximum rent is prescribed by section 2101.1(i) of this Title, the administrator shall determine the date upon which the housing accommodations became subject to this Subchapter and establish the maximum rent on the basis of the rent charged on January 1, 1957 or the date of first renting, whichever is later.

(b)Where the landlord has failed to file an application or report required by section 2102.5(a) and (b) of this Part, the administrator at any time upon written request of either party, or on his own initiative, may issue an order establishing the maximum rent by decreasing the previous maximum rent of the housing accommodations by that amount which the administrator finds to be the reduction in the rental value of the housing accommodations because of the decrease in dwelling space, essential services, furniture, furnishings or equipment. The administrator may take into consideration all factors bearing on the equities involved. Such order shall establish the maximum rent as of the date of decrease of such dwelling space, essential services, furniture, furnishings or equipment or as of May 1, 1950, whichever is later, and may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final.

(c)Where no registration statement had been filed prior to May 1, 1950 under the Federal Act, or after that date as is required by this Subchapter, the administrator at any time upon written request of either party, or on his own initiative, may, when he cannot determine the maximum rent pursuant to subdivision (a) of this section, issue an order fixing a maximum rent which may be established on the basis of the maximum rent for comparable housing accommodations. Where there are maximum rents in effect in the same establishment, these may be used as comparable housing accommodations, in the discretion of the administrator. In cases of a change in the number of occupants or terms of occupancy in rooming houses, the maximum rent may be established upon the basis of the amount by which the landlord has customarily varied his rent for such change in the number of occupants or terms of occupancy as reflected in the maximum rents in effect on March 1, 1950. Where the landlord has no customary variation the administrator may issue an order fixing the maximum rent for such rooms, units or occupancy based upon the rental value of the change in occupancy or in terms of occupancy, after taking into consideration the previous maximum rent therefor. The administrator may take into consideration all factors bearing on the equities involved. Such order shall fix the maximum rent as of May 1, 1950, or the date of first renting, whichever is later, and may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final.

(d)Where no proper or timely registration statement has been filed as is required by this Subchapter, the administrator may issue an order fixing a maximum rent on the basis of the maximum rents for comparable housing accommodations, as set forth more specifically in subdivision (c) of this section, after taking into consideration all other factors bearing on the equities involved. Such order shall be effective as of May 1, 1950, or the date of such first renting, whichever is later, and may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final, provided the administrator shall have instituted a proceeding to establish such maximum rent by May 1, 1952, or within three months from the time of filing of such registration statement, whichever is later. If the administrator fails to institute a proceeding to establish such maximum rent by May 1, 1952 or within three months from the time of filing of such registration statement, whichever is later, any order issued fixing the maximum rent under this subdivision shall be effective as of the date of the issuance of the order.

(e)Where it is necessary for the administrator to determine whether an establishment which was a hotel on March 1, 1950 is still a hotel, the administrator shall issue an order determining such fact. Where the administrator finds that an establishment is no longer a hotel, he shall issue orders fixing maximum rents for the housing accommodations within such establishment which were not subject to rent control. The maximum rents so fixed shall be based upon the maximum rents for comparable housing accommodations taking into consideration all factors bearing upon the equities. Such orders shall be effective as of the date of issuance.

9 NYCRR 2102.7 - Order where an apartment is rented to more than one tenant

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)On and after February 1, 1952, where an apartment, in whole or in part, is rented or sought to be rented to more than one tenant, a landlord shall file an application with the administrator to fix maximum rents for the units or portions of such apartment. Such application shall set forth the present maximum rent for the apartment, the furniture, furnishings, facilities, equipment and other services added or proposed to be added, the number of occupants, and the space to be occupied by each tenant in such apartment, the terms and conditions of occupancy, and all other data which may be required by the administrator. In fixing the maximum rent the administrator shall apportion the previous maximum rent for the entire apartment among the tenants in proportion to the space they occupy, and shall add thereto the increased rental value of any furniture, furnishings, facilities and equipment added by the landlord. Where the landlord has satisfied all of the requirements of the authorities having jurisdiction over the physical conversion and over the occupancy of the changed housing accommodations the administrator, in fixing maximum rents for individual tenants, shall also take into consideration all factors bearing on the equities involved including the cost of any physical conversion or alteration. If there was no previous maximum rent for the entire apartment, the administrator shall establish a maximum rent for the entire apartment based upon the rents generally prevailing for comparable housing accommodations prior to apportioning the maximum rent for the entire apartment among the tenants as hereinbefore provided. Unless and until an order is issued by the administrator fixing maximum rents for the individual tenants of the apartment, the aggregate maximum rent for all of the tenants in the apartment shall be the maximum rent previously established for the apartment. All orders issued under this section shall be effective as of the date of first renting.

(b)Where no application has been made under this section the administrator at any time upon written request of a tenant, or on his own initiative, may issue an order pursuant to this section fixing a maximum rent for each of the individual tenants in the apartment effective as of the date of such renting. In fixing such maximum rents for the individual tenants, the administrator shall use the standards prescribed in subdivision (a) of this section. Such order may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final.

9 NYCRR 2102.8 - Rent adjustments upon succession

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Where all tenants occupying a housing accommodation on June 19, 1997 have permanently vacated such housing accommodation, and a primary-resident family member of such vacating tenant or tenants (first successor) is entitled to and continues to occupy the housing accommodation subject to the protection of this Subchapter, as provided in section 2104.6 of this Title, and thereafter permanently vacates the housing accommodation, if such accommodation continues to be subject to the act and this Subchapter after such family member vacates, and a primary-resident family member (second successor) is entitled to and continues to occupy the housing accommodation subject to the protections of this Subchapter, as provided in section 2104.6 of this Title, the maximum collectible rent shall be increased by a sum equal to the allowance then in effect for vacancy leases for housing accommodations subject to the Rent Stabilization Law of 1969, including the amount allowed by paragraph 5-a of subdivision c of section 26-511 of such law. Such increase shall be in addition to any other increases provided for in this Subchapter, including adjustments pursuant to section 2102.3 of this Part, and shall be applicable in like manner to the maximum collectible rent that may be charged each second subsequent succeeding family member.

9 NYCRR 2102.9 - Surcharge for the installation and use of washing machines, dryers and dishwashers

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Where a tenant requests permission from the landlord to install a washing machine, dryer or dishwasher, whether permanently installed or portable, and the landlord consents, the landlord may collect surcharges, without notification to or approval by the administrator in an amount specified in an operational bulletin to be issued by the administrator pursuant to section 2109.8 of this Title. The surcharges authorized by this section shall not be part of the maximum rent.

(b)

(1)Where a prior installation by a tenant of a washing machine, dryer or dishwasher comes to the attention of the landlord and the landlord consents to the continued use of the washing machine, dryer or dishwasher, the surcharges provided for in this section shall only be available prospectively.

(2)Under no circumstances shall servicing or replacement of such washing machine, dryer or dishwasher become a service required to be provided by the landlord pursuant to this Subchapter.

(3)Where there is in effect a prior practice of charging for installation of a tenant-owned washing machine, dryer or dishwasher, the landlord may continue the charge, which may also continue to be included in the maximum rent, if such was the prior practice.

9 NYCRR 2102.10 - Surcharges for submetered electricity or other utility service

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Where a landlord acts as a provider of a utility service (including, but not limited to electricity, gas, cable, or telecommunications), the landlord may collect surcharges which shall not be part of the maximum rent, and shall not be subject to this Subchapter.

9 NYCRR 2102.11 - Schedule

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: HCR-26-20-00012-A · Adopted rule · Jan 27, 2021
Source snapshot: Jun 6, 2026

(a)The reasonable costs that may be recovered for qualified major capital improvements (MCI) may not exceed the recoverable costs, as determined by DHCR. In making such determination, DHCR shall refer to such reasonable costs as specified in the reasonable cost schedule found in Operational Bulletin 2020-1. The reasonable cost schedule shall provide the recoverable cost of MCIs that fall within the following main three categories:

(1)Major systems:

(i)The maximum recoverable costs shall be presented for the following classes of work:

(a)plumbing;

(b)gas repipe;

(c)wiring;

(d)windows;

(e)boiler/burner;

(f)hot water heater;

(g)elevator replacement; and

(h)elevator modernization.

(2)Façade, parapet, roof:

(i)The maximum recoverable costs shall be presented for the following classes of work:

(a)façade;

(b)parapet; and

(c)roof.

(3)Other systems:

(i)The maximum recoverable costs shall be presented for the following classes of work:

(a)chimney;

(b)doors;

(c)security system; and

(d)intercom; and may include such other systems as DHCR may determine.

(b)Each class of MCI may list more detailed types of capital improvement work. Each class of MCI described in the schedule may be inclusive of additional cost that can be associated with the type of improvements listed within such class.

(c)The costs of each type of MCI work will be listed as per unit, per unit of measurement or per piece of equipment as is appropriate given the nature of the improvement.

(d)The maximum recoverable costs for each type of MCI specified in the initial reasonable cost schedule shall be based on a survey of such construction costs undertaken for such installation. The maximum recoverable costs listed in the reasonable cost schedule shall be initially published and made available for public review and comment in conjunction with the promulgation process required for adoption of this regulation.

(e)Periodic review of reasonable cost schedule.

Every year after adoption of this regulation, DHCR shall conduct a new survey to assess the categories of major capital improvements, the classes of work within categories eligible for major capital improvements and the maximum recoverable costs listed for the types of MCI costs identified in the reasonable cost schedule.

(f)Procedure.

(1)When applying for a temporary MCI rent increase, owners are required to submit an itemized list of work performed with a description or explanation of the reason or purpose of such work. Costs may be granted for related expenses that are not specified in the actual schedule, if they are found to be within or below the maximum costs for the class of work, are necessary for the claimed improvement, and eligible for reimbursement as an MCI. Costs will not be granted for expenses which are ineligible for MCI rent increases. Only the actual amounts expended by owners for qualifying MCI costs will be the basis for any temporary MCI rent increase. Qualifying owners will, therefore, be awarded a temporary MCI rent increase on the lesser of either:

(i)the actual amount expended; or

(ii)the maximum reasonable cost from the schedule, and such other additional items that are eligible as an MCI but are not listed as part of the reasonable cost schedule.

(2)The schedule provides a maximum of costs that can be granted for eligible MCIs. All costs granted for a temporary MCI rent increase must be actual, reasonable, verifiable, and meet all other regulatory requirements.

(g)Waiver of application of reasonable cost schedule.

Owners may apply for a waiver of application of the reasonable cost schedule. Pursuant to the requirements specified below, such application must demonstrate that:

(1)the claimed costs underlying the temporary MCI rent increase either:

(i)are not identified in the reasonable cost schedule, or are necessarily and appropriately priced higher than those costs listed in the reasonable cost schedule, and such costs are accurate and reasonable under the circumstances; or

(ii)that use of the reasonable cost schedule will cause an undue hardship and the use of alternative procedures are appropriate to the interests of the owner, the tenants, and the public, and the costs of such improvement are reasonable and accurate under the circumstances. Owners must request a waiver of the use of the reasonable cost schedule in writing and accompany the application with the information and documentation as specified in subparagraph (i) of this paragraph.

(h)Categories of waiver.

At the time of initial application for an MCI, an owner may apply for, and the DHCR may grant, a waiver of application of the reasonable cost schedule where the owner meets any of the following criteria:

(1)Non-landmarked buildings (buildings not designated by the Landmark Commission).

(i)A licensed engineer or architect must certify that:

(a)the MCI costs for which owner seeks a temporary MCI rent increase are accurate and reasonable under the circumstances;

(b)there is no common ownership or other financial interest between the contractor installing the replacement or upgrade and the ownership entity of the owner; and

(c)a bid process was conducted and supervised by a licensed architect or engineer.

(2)Landmarked buildings (buildings designated by the Landmark Commission). Any eligible MCI work and the costs therefore were the result of any law, regulation, rule, or requirement under which the premises have been designated a landmark building.

(3)Capital improvement work performed while also under another governmental agency’s supervision. DHCR will also accept the cost of contract where:

(i)the building is subject to both:

(a)the Rent Stabilization Law;

(b)another housing program; and

(ii)the contract is approved by or awarded under the supervision of a state, city or local housing entity in conjunction with that affordable housing program; and

(iii)such supervision includes a process by which such supervising agency reviews the costs to assure they are reasonable.

(4)Emergency capital improvements. DHCR will also accept the cost of contract where capital improvements were performed to remedy an emergency condition and for which the owner paid more than the reasonable costs due to such emergency situation, but the costs are actual and verifiable.

(5)Interim rules. An owner may apply for a waiver of application of the reasonable cost schedule if, prior to the effective date of this subdivision, it has either entered a contract for the performance of MCI work within two years before final promulgation of this regulation, or submitted to DHCR an application for a temporary MCI rent increase. The recoverable costs will be determined according to the reasonable cost schedule and these provisions, but the owner need not submit evidence of compliance with the bidding requirements set forth in paragraph (i)(2) of this section; owner may instead use alternative means of establishing the reasonableness of the MCI costs sought to be recovered as directed by DHCR as part of the processing of such application.

(6)For pending MCI applications, an owner must make this waiver application within 60 days of the final promulgation of this regulation, unless in the context of processing the MCI application the owner is directed by DHCR to submit an application for waiver at an earlier date.

(i)Waiver procedure.

As part of the written waiver application for non-emergency capital improvements, owners must submit the following:

(1)A certification by a licensed architect or engineer stating that:

(i)the purchases and contracts, whose costs owner seeks to recover have been awarded on the basis of analysis and bidding to the fullest extent possible, but with no less than three bidders having been solicited to perform the work unless the owner can demonstrate that the work is so highly specialized that such bids cannot be extended;

(ii)list of items for which owner solicited bids were necessary;

(iii)the costs claimed by owner for the MCI work are accurate and reasonable, provided that the architect or engineer’s basis for such conclusion is credibly supported;

(iv)all changes to the original agreed upon scope of work were necessary to the underlying MCI and reasonably priced; and

(v)the owner selected the lowest responsible bidder or the bidder best suited to perform the MCI work, provided that the architect or engineer’s basis for such conclusion is credibly supported.

(2)Certification by owner that it has complied with bid process requirements including submission of:

(i)tabulation of all bids received; and

(ii)copies of all bids received; and

(iii)a certification by each bidder disclosing whether the owner or any board member, general partner, officer or employee of owner, and/or principal or employee of any managing agent retained by owner, has a direct or indirect interest in the bidder or in the compensation to be received by the bidder pursuant to the proposed contract. Failure to accurately and fully complete this certification may result in the rejection of the bid for purposes of determining owner’s application for waiver of the use of the reasonable cost schedule, as well as rejection and a dismissal of the MCI application; and

(iv)detailed description of the items for which owner initially solicited bids.

(3)A certification by the owner’s architect or engineer certifying the necessity, appropriateness, and reasonableness of the costs of all changes to the original agreed upon scope of work that were performed in connection with the MCI, along with a description of the changes in the scope, price, or time of completion of the work related to each change order.

(j)For emergency capital improvement MCI applications.

The owner must submit a statement from an independent engineer or architect describing the emergency, why the costs were greater than those in the schedule, that the costs were reasonable for the situation, and why the owner could not obtain three bids in a timely manner due to the exigent circumstances.

(k)Notice.

As part of the MCI application process, any request by an owner for a waiver of application of the reasonable cost schedule, shall be made available to the tenants of the subject building(s) with an opportunity to comment on and contest the waiver.

(l)Denial of waiver.

If an owner’s application for a waiver is denied, the owner’s recoupment shall be limited to that required by the reasonable cost schedule together with such other relief as may be appropriate. Approval of the waiver does not assure that the application will be granted, that it will not be modified, or that items submitted will not be disallowed, in whole or in part, as all other requirements and proof set forth in this paragraph must be met.

(m)Operational bulletin.

The initial Operational Bulletin 2020-1 including all amendments, shall be issued pursuant to this paragraph and section 2527.11 of this Title. The Operational Bulletin 2020-1 and all amended versions shall be available in hardcopy form at 92-31 Union Hall Street, Jamaica, Queens, New York, and will be available on DHCR's website at www.hcr.state.ny.us (www.hcr.ny.gov).

LawEngine organizes New York regulations for fast review. Use independent legal judgment before filing.