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.

Definitions

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.

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 nor for the purposes of

any summary eviction proceeding such fees, charges or penalties, however, any such excess

payments even if denominated as fees, charges or penalties may be considered a violation

under Part 2505 or an overcharge under Part 2506 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.

possession or to the use or occupancy of any housing accommodation or entitled to occupy the

housing accommodation as a tenant pursuant to any other provision of these regulations.

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.

2502.3(a), 2506.1, and 2506.8of this Title, "base date" shall mean the date which is the most

recent of:

(1) For

claims filed before June 14, 2019, the date four years prior to the filing date of such claim

except where a special provision of this Regulation, the ETPA or other law required

maintenance of records or review for a longer period;

accommodations for which initial registrations were required to be filed by June 30, 1984,

and for which a timely challenge was not filed.

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:

shall be defined as any identity of interest or relationship based on family ties or financial

interest between the owner/managing agent of a property and any other entity with which the

owner/managing agent conducts business.

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.

Amendment or revocation

Any provision of this Chapter may be amended or revoked at any time by the division. However, where a law requires a different rule than set forth in any provision this act, which may be implemented in the absence of regulation, DHCR shall follow such law notwithstanding that such conflicting code provision has not yet been amended or revoked.

Filing of amendments

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, or otherwise required by law. 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.

has declared the existence of an emergency pursuant to the ETPA prior to June 14, 2019, there shall

exist a rent guidelines board to consist of members appointed by the Commissioner of DHCR upon

the recommendations of the local county legislature. Such board shall serve as the rent guidelines

board for any city having a population of less than one million or any town or village within such

county which has declared the existence of an emergency pursuant to the ETPA.

existence of an emergency pursuant to the ETPA after June 14, 2019, and such city, town or village

is the first municipality in the county to declare such an emergency, the rent guidelines board shall

initially consist of members appointed by the Commissioner of DHCR upon the recommendations

of the local legislative body of the municipality declaring the emergency. Such recommendations

shall be made within thirty days of the declaration of emergency. Once constituted, such board shall

serve as the rent guidelines board for such city, town or village so long as such municipality remains

the only municipality within the county to have adopted the ETPA. Following any subsequent initial

local declaration of emergency by a municipality within such county, such board shall be

reconstituted to ensure representation of all municipalities within such county that have adopted

ETPA. Such board shall be reconstituted by the Commissioner of DHCR appointing all nine

members of the board upon the recommendations of the local county legislature. If such

recommendations are not made by the local county legislature within a reasonable time after the

second declaration of an emergency pursuant to the ETPA by a municipality within such county, the

Commissioner of DHCR may appoint the initial members of the reconstituted board upon the

recommendations of the local legislative bodies of the municipalities within the county that have

adopted ETPA. Thereafter, such board shall serve as the rent guidelines board for any city having a

population of less than one million and any town or village within such county which has declared

the existence of an emergency pursuant to the ETPA.

tenants, two shall be representative of owners of property, and five shall be public members each of

whom shall have had at least five years of experience in either finance, economics or housing. One

public member shall be designated by the commissioner to serve as chairman and shall hold no other

public office. No member, officer or employee of any municipal rent regulation agency or the state

division of housing and community renewal and no person who owns or manages real estate covered

by the ETPA or who is an officer of any owner or tenant organization shall serve on a rent guidelines

board.

shall serve for a term ending two years from January first next succeeding the date of their

appointment; one public member, one member representative of tenants and one member

representative of owners shall serve for terms ending three years from the January first next

succeeding the date of their appointment and three public members shall serve for terms ending four

years from January first next succeeding the dates of their appointment. Thereafter, all members

shall serve for terms of four years each.

member may be removed by the commissioner of DHCR for cause, but not without an opportunity

to be heard in person or by counsel, in his defense, upon not less than ten days’ notice. The

Commissioner of DHCR shall fill any vacancy which may occur by reason of death, resignation,

removal or otherwise upon recommendation by the appropriate legislative body.

forth in the ETPA.

Rent guidelines boards shall have the powers and obligations detailed in the ETPA.