New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 2200
Executive Department
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17 sections
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9 NYCRR 2200.1 - Statutory authority
Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00006-A · Adopted rule
- Related notice published
- Nov 8, 2023
- Related notice effective date
- Nov 8, 2023
Current section text is not available here.
9 NYCRR 2200.2 - Statutory definitions
Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00006-A · Adopted rule
- Related notice published
- Nov 8, 2023
- Related notice effective date
- Nov 8, 2023
Current section text is not available here.
9 NYCRR 2200.3 - Earlier source heading: Additional definitions
Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00006-A · Adopted rule
- Related notice published
- Nov 8, 2023
- Related notice effective date
- Nov 8, 2023
Current section text is not available here.
9 NYCRR 2200.4 - Applicability
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
These regulations shall apply to all proceedings pending on August 8, 1984.
9 NYCRR 2200.5 - Amendment or revocation
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
Any provision of these regulations may be amended or revoked by the administrator at any time.
9 NYCRR 2200.6 - Filing of amendments
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
Any amendment or revocation of these regulations shall be filed with the Department of State.
9 NYCRR 2200.7 - Separability
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
If any provision of these regulations or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of these regulations and the applicability of such provisions to other persons or circumstances shall not be affected thereby.
9 NYCRR 2200.8 - District rent office designations and descriptions of portions of city under their jurisdiction
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
These regulations shall apply to all housing accommodations located in the City of New York. The rent districts subject to the jurisdiction of the several district rent administrators are described as follows:
District Rent Office Rent District
Bronx Borough of The Bronx
Brooklyn Borough of Brooklyn
Lower Manhattan Borough of Manhattan—south side of 110th Street and below
Queens Borough of Queens
Staten Island Borough of Staten Island
Upper Manhattan Borough of Manhattan—north side of 110th Street and above
9 NYCRR 2200.9 - Conversion after May 1, 1950
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
(a)
(1)Upon application of the landlord, the administrator shall issue an order decontrolling additional housing accommodations, other than rooming house accommodations, resulting from conversion of housing accommodations on or after May 1, 1950, if there has been a structural change involving substantial alterations or remodeling and such change has resulted in additional housing accommodations consisting of self-contained family units; provided, however, that such order of decontrol shall not apply to that portion of the original housing accommodations occupied by a tenant in possession at the time of the conversion, but only so long as such tenant continues in occupancy; and provided, further, that any such order of decontrol shall remain effective after April 30, 1962 only so long as the housing accommodations are not occupied for other than single-family occupancy.
(2)The term self-contained family unit shall mean a housing accommodation with private access, containing two or more rooms, consisting of at least one bedroom and a living room/dining space area in addition to a kitchen (with cooking and refrigeration facilities and a sink), a private bathroom (with a washbasin, toilet and bathtub or enclosed shower), and at least one closet plus an additional closet for each bedroom. Such accommodation shall contain a minimum total area of 395 square feet, exclusive of the area of bathrooms and closets. In lieu of a kitchen, the accommodation may include an enclosed kitchenette or an area in the living room which is either recessed or semienclosed, provided that all of the above-specified kitchen facilities and equipment are within such recessed or semienclosed area. Where, however, the landlord establishes that either the two-room or total floor area requirement, or both, cannot be complied with because of unique or peculiar circumstances, the administrator may waive this requirement if he finds that such waiver is not inconsistent with the purposes of the Rent Law and these regulations and would not be likely to result in the circumvention or evasion thereof.
(b)No order of decontrol shall be issued under this section unless such conversion occurred after the entire structure, or any lessor portion thereof as may have been thus converted, was vacated by voluntary surrender of possession or in the manner provided by section 5 of this State Act or by Part 2204 of this Title, and unless the administrator shall find that the landlord has satisfied all of the requirements of the authorities having jurisdiction over such conversion and over the occupancy of the newly created housing accommodations.
(c)No order of decontrol shall be issued by the administrator where there is a conversion of occupied housing accommodations, unless and until the landlord obtains an order authorizing subdivision or a certificate of eviction in accordance with provisions of section 2204.7 of this Title.
(d)Notwithstanding any of the foregoing provisions of this section, no order shall be issued by the administrator decontrolling housing accommodations:
(1)of any type resulting from conversion after April 30, 1962 of rooming house accommodations or of single-room occupancy accommodations;
(2)in any multiple dwelling aided by a loan made by the city under article 8 of the Private Housing Finance Law, until controls are no longer required by the provisions of said article 8; or
(3)in any multiple dwelling with respect to which tax abatement and tax exemption beginning after April 30, 1962 is in effect under section J51-2.5 of the Administrative Code of the city, until the date on which such tax abatement or tax exemption terminates, whichever is later.
(e)Any housing accommodation decontrolled under this section shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.
9 NYCRR 2200.10 - Substantial demolition after May 1, 1962
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
(a)Upon application of the landlord, the administrator shall issue an order decontrolling all of the housing accommodations resulting from substantial demolition of a building, provided that:
(1)not less than 50 percent of the housing after reconstruction shall consist of apartments suitable for occupancy by larger families, or not less than 50 percent of the total floor area of all of the housing after reconstruction shall be utilized for apartments suitable for occupancy by larger families;
(2)all other housing accommodations in the building shall comply with at least the minimum requirement for a self-contained family unit, as defined in section 2200.9 of this Part; and
(3)all of the housing accommodations meet all of the requirements of law and of the city agencies having jurisdiction thereof, and over the occupancy of such accommodations.
(b)If the building after reconstruction fails to meet the requirements of paragraph (a)(1) of this section, but if all of the housing accommodations in such building shall comply with at least the minimum requirements for a self-contained family unit as defined in section 2200.9 of this Part, and if all of the housing accommodations in such building meet all of the requirements of law and of the city agencies having jurisdiction thereof, and over the occupancy of such accommodations, then only those apartments which are suitable for occupancy by larger families shall be decontrolled, and all other housing accommodations in such building shall remain subject to control.
(c)The term housing accommodations resulting from substantial demolition, as used in this section, shall mean any housing accommodation which is created on or after May 1, 1962 as a result of the substantial demolition of a multiple dwelling and the reconstruction of such building in such manner as to retain any portion thereof existing prior to such demolition, and:
(1)which is so created after the issuance of one or more certificates permitting the eviction of any tenant or tenants of such multiple dwelling for the purpose of effecting such demolition where application for such certificates was filed after April 24, 1962; or
(2)where no such certificates were issued, which was created after the former structure, or any lesser portion thereof, was vacated on or after November 22, 1963 by voluntary surrender of possession or in any manner provided in Part 2204 of this Title.
(d)The term apartment suitable for occupancy by larger families,as used in this section, shall mean a housing accommodation with private access, containing four or more rooms, consisting of at least two bedrooms, a living room/dining room space area and a kitchen (with cooking and refrigeration facilities and a sink), a private bathroom (with a washbasin, toilet and bathtub or enclosed shower), and at least two closets plus an additional closet for each bedroom. Such accommodations shall contain a minimum total area of 560 square feet, exclusive of the area of the bathrooms and closets.
(e)Notwithstanding any of the foregoing provisions of this section, no order shall be issued by the administrator decontrolling housing accommodations resulting from substantial demolition:
(1)in any building aided by a loan made by the city under article 8 of the Private Housing Finance Law, so long as maximum rents are required to be prescribed by the provisions of said article 8;
(2)in any multiple dwelling with respect to which tax abatement and tax exemption under section J51-2.5 of the Administrative Code begins after April 30, 1962, until the date on which such tax abatement or tax exemption terminates, whichever is later; or
(3)in any building where the former structure, or any lesser portion thereof, was vacated on or after November 22, 1963, other than by voluntary surrender of possession or in the manner provided by Part 2204 of this Title.
(f)Housing accommodations created after May 1, 1962, as a result of the reconstruction of a multiple dwelling which has been substantially demolished, where no certificates permitting the eviction of any tenant or tenants of such multiple dwelling for the purpose of effecting such demolition have been issued, or where application for such certificates was filed on or before April 24, 1962, shall not require an order of the administrator decontrolling them and shall not be subject to control pursuant to section 2200.2(f)(8) of this Part.
(g)Housing accommodations decontrolled under this section shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy.
(h)Any housing accommodation decontrolled under this section shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.
9 NYCRR 2200.11 - Commercial or professional renting of controlled housing accommodations on or after May 1, 1955
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
Any housing accommodation subject to these regulations which, on or after May 1, 1955, was or may be rented for commercial or professional use shall continue to be subject to control, unless the State Rent Commission issued an order exempting it from control during the periods of occupancy by the tenant, or an order is issued by the administrator exempting the housing accommodation from these regulations during the period of occupancy by the tenant. Such order shall be issued by the administrator where he finds the renting complies with the requirements of law and of city agencies having jurisdiction, and was made in good faith without any intent to evade the Rent Law or these regulations, and shall be effective as of the date of the commercial or professional renting, or May 1, 1962, whichever date is later.
9 NYCRR 2200.12 - Withdrawal from rental market
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
Nothing in these regulations shall be construed to require any person to offer any housing accommodations for rent, but housing accommodations already on the market may be withdrawn only after an order is issued by the administrator under section 2204.9 of this Title, if such withdrawal requires that a tenant be evicted from such accommodations.
9 NYCRR 2200.13 - Effect of these regulations on leases and other rental agreements
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
The provisions of any lease or other rental agreement shall remain in force pursuant to the terms thereof, except insofar as those provisions are inconsistent with the Rent Law or these regulations.
9 NYCRR 2200.14 - Receipt for rent paid
Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00006-A · Adopted rule
- Related notice published
- Nov 8, 2023
- Related notice effective date
- Nov 8, 2023
Current section text is not available here.
9 NYCRR 2200.15 - Waiver of benefit void
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
An agreement by the tenant to waive the benefit of any provision of the Rent Law or these regulations is void.
9 NYCRR 2200.16 - Fees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
(a)There is hereby imposed on every building containing housing accommodations subject to these regulations a fee of $3 per controlled housing accommodation. For the purposes of this section, the number of controlled housing accommodations is the number of such accommodations shown on the report form R-23 filed by the landlord or, if no such report was filed, as otherwise shown on the records of the Office of Rent Control, less the number of units for which decontrol orders were issued, or reports of decontrol properly filed pursuant to section 2203.2 of this Title, on or before October 1, 1972.
(b)Notwithstanding any other provision of these regulations, if the fee prescribed by this section is not paid on or before December 1, 1972 (or, if a bill for such fee is mailed to the landlord after November 15, 1972, within 17 days of the date of mailing), no increase pursuant to section 2201.6 of this Title in the maximum rent collectible from a tenant shall take effect with respect to any housing accommodation in the building until three months after payment of the fee.
(c)This section shall not apply to any building with eight or fewer housing accommodations if such building was owner-occupied on October 1, 1972.
9 NYCRR 2200.17 - Biennial fees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
(a)Every landlord shall pay a fee of $30 for each controlled housing accommodation in every building containing housing accommodations subject to these regulations to obtain an order establishing or adjusting the maximum rent, pursuant to section 2201.4 or 2201.5 of this Title, for each successive two-year period commencing January 1, 1990. For the purposes of this section, the number of controlled housing accommodations is the number of such accommodations shown on the records of the Division of Housing and Community Renewal, less the number of units for which decontrol orders were issued, or reports of decontrol were properly filed pursuant to section 42 of the New York City Rent and Eviction Regulations or section 2203.2 of this Title, on or before October 1, 1981 or October 1st biennially thereafter for each successive two-year period.
(b)The fee for processing and obtaining any order with respect to establishing or adjusting the maximum rent pursuant to section 2201.4 or 2201.5 of this Title shall be paid within 30 days of the date of issuance of the landlord's order of eligibility by the Division of Housing and Community Renewal, which shall in no event be refunded. In addition to complying with every other requirement of these regulations applicable to the establishment or adjustment of the maximum rent, the landlord must pay such fee to be eligible for an order establishing or adjusting the maximum rent.
(c)Where a landlord has not paid the fee as required by this section, the administrator may deny, defer or revoke the order establishing or adjusting the maximum rent and any increase in the maximum collectible rent for the biennial period for which the required fee was not paid.
(d)This section shall not apply to any building with eight or fewer housing accommodations if any housing accommodations in such building were owner-occupied on October 1st of the year immediately preceding the biennial period commencing January 1, 1974.