9 NYCRR Part 2205 - Executive Department

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Source version current through Sep 15, 2021

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2205.1 - General prohibitions

Later State Register activity may affect this section.

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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)It shall be unlawful, regardless of any contract, lease or other obligation heretofore entered into, for any person to demand or receive any rent for any housing accommodations in excess of the applicable maximum rent established therefor by the State Rent Commission or the Division of Housing and Community Renewal, or otherwise to do or omit to do any act, in violation of any regulation, order or requirement of such administration under the State Enabling Act or under the Rent Law, or to offer, solicit, attempt or agree to do any of the foregoing.

(b)It shall be unlawful for any person, with intent to cause any tenant to vacate housing accommodations, or to surrender or waive any rights of such tenant under the Rent Law or these regulations, to engage in any course of conduct (including but not limited to interruption or discontinuance of essential services or filing of false documents with or making false statements to the city rent agency) which interferes with or disturbs, or is intended to interfere with or disturb, the comfort, repose, peace or quiet of such tenant in his use or occupancy of the housing accommodations.

(c)The term rent, as defined in section 2200.2(k) of this Title, shall also include the payment by a tenant of a fee or rental commission to a landlord or to any person or real estate broker, where such person or real estate broker is an agent or employee of the landlord or is employed by the landlord in connection with the operation of the building, or where such person or real estate broker manages the building in which the housing accommodation is located, or where the landlord or his employee refers the tenant to such person or real estate broker for the purpose of renting the housing accommodation. Where the landlord has listed the housing accommodation with such person or real estate broker for rental purposes, such fact shall be prima facie evidence of the existence of an agency relationship between such other person or real estate broker and the landlord for the purposes of this section.

(d)It shall be unlawful for any person to make any statement or entry false in any material respect in any document or report submitted in any proceeding before the administrator, or required to be kept or filed under the Rent Law or any regulation, order or requirement thereunder, or to willfully omit or neglect to make any material statement or entry required to be made in any such document or report.

(e)It shall be unlawful for a landlord or a successor in interest to use housing accommodations, or the site on which same were located, for purposes other than that specified in the certificate of eviction.

9 NYCRR 2205.2 - Evasion

Later State Register activity may affect this section.

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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 maximum rents and other requirements provided in these regulations shall not be evaded, either directly or indirectly, in connection with the renting or leasing or the transfer of a lease of housing accommodations by requiring the tenant to pay, or obligate himself 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.

9 NYCRR 2205.3 - Purchase of property as condition of renting

Later State Register activity may affect this section.

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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)No person shall require a tenant or prospective tenant to purchase or agree to purchase furniture or any other property as a condition of renting housing accommodations.

(b)The term person as used in this section shall include an agent or any other employee of a landlord, acting with or without the authority of his employer.

(c)The term person as used in this section shall also include a tenant in occupancy of housing accommodations who attempts to sell furniture or any other property to any incoming tenant.

9 NYCRR 2205.4 - Term of occupancy

Later State Register activity may affect this section.

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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

No tenant shall be required to change his term of occupancy; for example, a tenant on a monthly basis shall not be required to change to a weekly basis, and a tenant on a weekly basis shall not be required to change to a daily basis.

9 NYCRR 2205.5 - Security deposits

Later State Register activity may affect this section.

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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

Regardless of any contract, agreement, lease or other obligation heretofore or hereafter entered into, no person shall demand, receive or retain a security deposit for or in connection with the use and occupancy of housing accommodations, except:

(a)if the demand, collection or retention of such security deposit was permitted under the rent regulations promulgated pursuant to the Federal Act, the State Rent Law or the local laws of the City of New York, and said security deposit does not exceed the rent for one month in addition to the authorized collection or rent; or

(b)if the demand, collection or retention of such security deposit was pursuant to a rental agreement with the tenant, and said security deposit does not exceed the rent for one month (or for one week where the rental payment period is for a term of less than one month) in addition to the authorized collection of rent, provided in all cases:

(1)that said security deposit shall be deposited in a banking organization no later than July 15, 1960, or within 15 days after receipt thereof, whichever is later, which shall be placed in an interest-bearing account on or before October 1, 1974 or the date of any deposit made thereafter;

(2)the person depositing such security money shall be entitled to receive, as reimbursement for administrative expenses, a sum equivalent to one percent per annum upon the security money so deposited;

(3)the balance of the interest paid by the banking organization shall be held in trust until applied for the rental of the housing accommodations, or until paid to the tenant not less often than annually by check or cash;

and provided further, with respect to properties or building containing six or more family dwelling units, nothing set forth in this section shall be construed to relieve any person receiving or retaining any rent security deposit for or in connection with the use or occupancy of any dwelling unit therein from complying and continuing to comply with the requirements of article 7 of the General Obligations Law.

9 NYCRR 2205.6 - Lease with option to buy

Later State Register activity may affect this section.

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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

Where a lease of housing accommodations is entered into on or after May 1, 1962, and the tenant, as a part of such lease or in connection therewith, is granted an option to buy the housing accommodations which are the subject of the lease, the landlord, prior to the exercise by the tenant of the option to buy, shall not demand or receive, nor shall the tenant offer, payments in excess of the maximum rent, whether or not such lease allocates such portion or portions of the periodic payments therein provided for as payment on or for the option to buy.

9 NYCRR 2205.7 - Disclosure by employees

Later State Register activity may affect this section.

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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

It shall be unlawful for any officer or employee of the Division of Housing and Community Renewal, or for any official advisor or consultant to the Division of Housing and Community Renewal, to disclose, otherwise than in the course of official duty, any information obtained under the Rent Law, or to use any such information for personal benefit.

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