Title 9 Part 2500

This Subchapter is adopted and promulgated pursuant to the powers granted to the State Division of Housing and Community Renewal by the Emergency Tenant Protection Act of 1974, chapter 576 of the Laws of New York for the year 1974, as amended. As used in this Subchapter, the term act shall mean the Emergency Tenant Protection Act of 1974. Wherever the term Chapter is used hereinafter to describe these regulations, it shall be deemed to mean Subchapter.

When used in this Chapter, unless a different meaning clearly appears from the context, the following terms shall mean and include:

The State Division of Housing and Community Renewal.

The board created in each county pursuant to the Emergency Tenant Protection Act of 1974 to establish annually guidelines for rent adjustments under the act and this Chapter.

Any building or structure, permanent or temporary, or any part thereof, occupied or intended to be occupied by one or more individuals as a residence, home, sleeping place, boarding house, lodging house or hotel, together with the land and buildings appurtenant thereto, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof.

Consideration, charge, fee or other thing of value, including any bonus, benefit or gratuity demanded or received for, or in connection with, the use or occupancy of housing accommodations or the transfer of a lease for such housing accommodations. Rent shall not include surcharges authorized pursuant to section 2502.9 of this Title.

The rent charged on the base date set forth in subdivision (q) of this section, plus any subsequent lawful increases and adjustments.

An individual, corporation, partnership, association, or any other organized group of individuals or the legal successor or representative of any of the foregoing.

A landlord, fee owner, lessor, sublessor, assignee, net lessee, or a proprietary lessee of a housing accommodation in a structure or premises owned by a cooperative corporation or condominium association, or an owner of a condominium unit or the sponsor of such cooperative corporation or condominium association or development, or any other person or entity receiving or entitled to receive rent for the use or occupation of any housing accommodation, or an agent of any of the foregoing, but such agent shall only commence a proceeding pursuant to section 2504.4(b) and (c) of this Title, in the name of such foregoing principals. Any separate entity that is owned, in whole or in part, by an entity that is considered an owner pursuant to this subdivision, and which provides only utility services shall itself not be considered an owner pursuant to this Subchapter. Wherever the term landlord is used hereinafter in this Subchapter, it shall be deemed to mean owner. Except as is otherwise provided in sections 2502.3 and 2506.1(f) of this Title, a court-appointed receiver shall be considered an owner pursuant to this Subchapter.

A tenant, subtenant, lessee, sublessee, or other person entitled to the possession or to the use or occupancy of any housing accommodation.

Records, books, accounts, correspondence, memoranda and other documents, and copies, including microphotographic or electronically stored or transmitted copies, of any of the foregoing.

A city, town or village.

A final order shall be an order of a rent administrator not appealed to the commissioner within the period authorized pursuant to section 2510.2 of this Title, or an order of the commissioner, unless such order remands the proceeding for further consideration.

A spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the owner.

A person who is 62 years of age or older.

Except as provided pursuant section 2503.5(d)(4) of this Title, a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which prevent such person from engaging in any substantial gainful employment.

For the purposes of proceedings pursuant to sections 2502.3(a) and 2506.1 of this Title, base date shall mean the date which is the most recent of:

Although no single factor shall be solely determinative, evidence which may be considered in determining whether a housing accommodation subject to this Subchapter is occupied as a primary residence shall include, without limitation, such factors as listed below:

The Commissioner of Housing and Community Renewal.

The office of the division designated by the commissioner to administer the ETPA, the Rent Stabilization Law, and the city and State rent laws.

The office of the division designated by the commissioner to investigate and prosecute violations of the ETPA, the Rent Stabilization Law and the city and State rent laws. In furtherance of such designation, the TPU may invoke all authority under the ETPA, Rent Stabilization Law, and the State and city rent laws and the regulations thereunder that inures to the commissioner, division or the Office of Rent Administration. However, nothing contained herein shall limit the mission and authority of the local rent administration office to administer and enforce the ETPA, the Rent Stabilization Law, and the city and State rent laws and all such regulations promulgated thereunder.

The office of the division for a particular rent area as set forth in section 2500.8 of this Part. The division shall maintain at least one such office in each county subject to the act.

Those services which the landlord was maintaining, or which he was obligated to maintain, on May 29, 1974. These may include, for example, any or all of the following: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, telephone, elevator service, janitor service, removal of refuse, and garage and parking facilities.

A room or rooms providing facilities commonly regarded in the community as necessary for a self-contained family unit but not including housing accommodations located in a rooming house or hotel.

Such local effective date shall be the first day of the month, or the first rent payment date following the declaration of an emergency by the local legislative body of the city, town or village wherein the housing accommodations are situated.

Any provision of this Chapter may be amended or revoked at any time by the division.

Such amendment or revocation shall be filed with the Secretary of State and shall take effect upon the date of filing unless otherwise specified therein or as otherwise provided by the State Administrative Procedure Act. Where implementation of a provision would require new or significantly revised filing procedures or notice requirements, the division may postpone implementation of such provision, as required, for up to 180 days after the effective date of such amendment or revocation, by an advisory opinion issued pursuant to section 2507.11 of this Title, which shall be available to the public on such effective date. Where such postponement is deemed necessary, current filing procedures, notice requirements, or forms, if any, may be utilized until revision thereof.

If any provision of this Chapter or the application of such provisions to any persons or circumstances shall be held invalid, the validity of the remainder of this Chapter and the applicability of such provisions to other persons or circumstances shall not be affected thereby.

Except as hereinafter provided in section 2500.9 of this Part, this Subchapter shall apply to housing accommodations located in the counties of Nassau, Rockland and Westchester, which are subject to the Emergency Tenant Protection Act of 1974 pursuant to a determination of the existence of an emergency thereunder by the local legislative body of the city, town or village wherein the accommodations are situated.

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 act or this Chapter.

Owners shall comply with the provisions of section 235-e of the Real Property Law.

An agreement by the tenant to waive the benefit of any provision of the act or this Subchapter is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the division, or a court of competent jurisdiction, or where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the division. Such settlement shall be binding upon subsequent tenants. However, where the settlement encompasses surrender of occupancy by the tenant or the tenant is no longer in possession of the housing accommodation as of the date of the settlement, such settlement shall not be binding upon any subsequent tenant, except to the extent that the complaint being settled is subject to the time limitations set forth in the act and this Subchapter.

This Subchapter shall be construed so as to carry out the intent of the act to ensure that such statute shall not be subverted or rendered ineffective, directly or indirectly, and to prevent the exaction of unjust, unreasonable and oppressive rents and rental agreements, and to forestall profiteering, speculation and other disruptive practices tending to produce threats to the public health, safety and general welfare; and that the policy herein expressed shall be implemented with due regard for the preservation of regulated rental housing.