Title 9 Part 2502 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 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2502.1 - Legal regulated 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

Legal regulated rents may be increased or decreased only as hereinafter specified.

9 NYCRR 2502.2 - Effective date of adjustment of 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

Except with regard to increases pursuant to section 2502.4(a)(2)(ii), (iii) and (iv) of this Part, where the legal regulated rent shall be adjusted effective the first rent payment date occurring 30 days after the filing of the application, the legal regulated rent shall be adjusted effective the date of issuance of an order by the division, unless otherwise set forth in the order, or on the effective date of a lease or other rental agreement providing for the rent guidelines board annual rate of adjustment as filed with the division and as provided for in section 2502.5 of this Part. Adjustments shall also be made upon vacancy or succession as provided in section 2502.7 of this Part, or upon improvements to an individual housing accommodation qualifying for a rent increase pursuant to section 2502.4(a)(2)(i) of this Part.

9 NYCRR 2502.3 - Application for adjustment of initial legal regulated rent

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)Fair market rent appeals.

(1)

(i)The tenant of a housing accommodation for which the initial legal regulated rent was established under section 2501.1 of this Title based upon the rent reserved in a lease or other rental agreement which became effective on or after January 1, 1974 may file within 90 days after notice has been received pursuant to section 2503.1 of this Title, an application on forms prescribed by the division for adjustment of the initial legal regulated rent on the allegation that such rent is in excess of the fair market rent. This right is limited to the first tenant taking occupancy on or after January 1, 1974, except where such tenant had vacated the housing accommodation prior to the service by the owner of the notice required by section 2503.1 of this Title. In such event, any subsequent tenant shall also have a right to file an application for adjustment of the legal regulated rent until the owner mails the required notice and 90 days shall have elapsed without the filing of an application by a tenant continuing in occupancy during said 90-day period. However, no fair market rent appeal may be filed after four years from the date of initial occupancy of the housing accommodation. Once a fair market rent appeal has been filed, no subsequent tenant may file such appeal.

(ii)The tenant must allege in such appeal:

(a)that the initial rent is in excess of the fair market rent; and

(b)facts which, to the best of his or her information and belief, support such allegation.

(iii)Such appeal shall be dismissed where:

(a)it is filed more than 90 days after the certified mailing to the tenant of the form required by section 2503.1 of this Title; or

(b)it is filed more than four years from the date of the initial stabilized tenancy.

(2)The division shall be guided by guidelines promulgated by the Rent Guidelines Board for the determination of fair market rents and, upon a determination that the initial legal regulated rent is in excess of the fair market rent, the division shall establish by order a new legal regulated rent, and further order a refund of any excess rent paid since the base date or the date of the commencement of the tenancy, whichever is later, provided that no refund order shall relate to a period more than two years prior to the local effective date as defined in section 2500.4 of this Title. The order shall direct the affected owner to make the refund of any excess rent to the tenant in cash, check or money order, or as a credit against future rents over a period not in excess of six months, and that if the landlord does not make the refund, that the order may be enforced or the rent offset by the tenant in the same manner as a division order awarding penalties pursuant to section 2506.1(e) of this Title. In the absence of collusion between the present owner and any prior owner, where no records sufficient to establish the fair market rent were provided at a judicial sale, or such other sale effected in connection with, or to resolve, in whole or in part, a bankruptcy proceeding, mortgage foreclosure action or other judicial proceeding, an owner who purchases upon such sale or subsequent to such sale shall not be liable for excess rent collected by any owner prior to such sale. An owner who did not purchase at such sale, but who purchased subsequent to such sale shall also not be liable for excess rent collected by any prior owner subsequent to such sale to the extent that such excess rent is the result of excess rent collected prior to such sale.

(3)Court-appointed receivers. A receiver who is appointed by a court of competent jurisdiction to receive rent for the use or occupation of a housing accommodation shall not, in the absence of collusion or any relationship between such receiver and any owner or other receiver, be liable for excess rent collected by any owner or other receiver, where records sufficient to establish the fair market rent have not been made available to such receiver.

(b)Unique or peculiar circumstances.

(1)The landlord or tenant of a housing accommodation described in section 2501.1 of this Title may, within 60 days of the local effective date of the act or the commencement of the first tenancy thereafter, file an application on forms prescribed by the division to adjust the initial legal regulated rent on the grounds that the presence of unique or peculiar circumstances materially affecting the legal regulated rent has resulted in a rent which is substantially different from the rents generally prevailing in the same area for substantially similar housing accommodations.

(2)The division may grant an appropriate adjustment of the initial legal regulated rent upon finding that such grounds do exist, provided that the adjustment shall not result in a legal regulated rent substantially different from the rents generally prevailing in the same area for substantially similar housing accommodations.

(3)Any such adjustment shall consider in addition to the factors contained in paragraph (2) of this subdivision, the equities involved and the general limitation that such adjustment can be put into effect without dislocation and hardship inconsistent with the purposes of the act and with due regard for preserving the regulated rental housing market.

(4)Previous regulation of the rent for the housing accommodation under the PHFL or any other State or Federal law shall not in and of itself constitute a unique and peculiar circumstances within the meaning of this subdivision. Any change in economic circumstances arising as a consequence of the termination of such prior regulation of rent may only be addressed in a proceeding for adjustment of the legal regulated rent under section 2502.4(c) and (d) of this Part.

9 NYCRR 2502.4 - Adjustment of legal regulated 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 2502.5 - Lease agreements

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

(a)Vacancy lease.

Upon the renting of a vacant housing accommodation after the local effective date of the act, the landlord shall provide to the tenant and execute a valid written lease for a one- or two-year period at the tenant's option at a rent which may not exceed the legal regulated rent, provided further that for a housing accommodation subject to the Emergency Housing Rent Control Law which becomes vacant after the local effective date of the act, the lease shall not provide for any increase in said rent for a period of one year.

(b)Renewal lease.

Upon the expiration of a prior lease or rental agreement, the tenant shall have the right of selecting at this option a renewal lease for a term of one or two years, except that where a mortgage or a mortgage commitment existing as of the local effective date of the act prohibits the granting of one-year lease terms, the tenant may not select a one-year lease.

(c)

(1)For housing accommodations subject to this act, an owner shall furnish to each tenant signing a vacancy or renewal lease, information in a form promulgated or approved by the division, as part of such lease, describing rights and duties of owners and tenants under the act including a detailed description of how the rent was adjusted from the prior legal rent. Such information shall conform to the "plain English" requirements of section 5-702 of the General Obligations Law and information regarding such rights and duties shall also be available in all languages that may be required pursuant to DHCR’s language access plan.

(2)A vacancy lease shall provide that the tenant may, within 60 days of the execution, require the owner to provide the documentation directly to the tenant supporting the detailed description regarding the adjustment from the prior legal rent. The owner shall provide such documentation within 30 days of that request.

(3)The method of service of this lease information, the tenant request for documentation, and the owner’s provision of documentation, together with proof of same, shall conform to the requirements set forth in the appropriate lease form or such bulletin or other document rendered pursuant to section 2507.11 of this Title.

(4)Where a tenant is not furnished, as required by the above provision, with a copy of the lease information pursuant to paragraph (1) of this subdivision or the documentation required on demand by paragraph (2) of this subdivision, the owner shall not be entitled to collect any adjustments in excess of the rent set forth in the prior lease unless the owner can establish that the rent collected was otherwise legal. In addition to issuing an order with respect to applicable overcharges, DHCR shall order the owner to furnish the information or documentation. The furnishing of the information or documentation by the owner to the tenant shall result in the elimination, prospectively, of such penalty.

(d)Limitations.

The legal regulated rent established in a lease may only be adjusted as follows:

(1)

(i)For renewal leases, the legal regulated rent immediately prior to the effective date of the lease may be increased by the appropriate rate of rent adjustment as last filed with the division by the Rent Guidelines Board for the county wherein the housing accommodation is located and if the said rate has not been filed by the commencement date of the lease term, the lease may make provision for the rent increase, if any, pursuant to the said rate to become effective when filed as of the commencement date of the lease term, unless the County Rent Guidelines Board shall have fixed a later effective date for the said rate, in which event the increase may only be effective as of that later date.

(ii)For vacancy leases, in addition to the increases permitted pursuant to section 2502.7 of this Part, if an applicable Rent Guidelines Board Order has not been issued by the execution date of the vacancy lease, and such order provides for a vacancy allowance, the lease may make provision for the rent increase pursuant to such vacancy allowance when filed, to become effective as of the commencement date of the lease term, unless the County Rent Guidelines Board shall have fixed a later effective date for the said allowance, in which event the adjustment may only be effective as of that later date.

(2)Where a renewal lease is entered into after the local effective date, but before the effective date of the first applicable guidelines as provided in section 4, subdivision b of the act, the lease may provide for an adjustment of rent pursuant to such guidelines, to be effective on the first day of the month next succeeding the effective date of such guidelines.

(3)Pursuant to an order of the division, where the vacancy lease recites that:

(i)an application for a rent increase pursuant to section 2502.4(a)(2)(i) or (ii) of this Part is pending before the division;

(ii)a rent increase shall be payable in the amount authorized by the division in the event an application is filed pursuant to section 2502.4(a)(2)(i) of this Part, based upon work having been completed to comply with new or additional requirements of law;

(iii)a rent increase shall be payable in the amount, if any, authorized by the division in the event an application is filed to establish a hardship pursuant to section 2502.4(c) of this Part.

(4)[Reserved]

(5)Prior executed lease.

(i)Where a lease for a one-, two- or three-year term was executed before the local effective date and the term commences on or after the local effective date, the lease shall not be effective to increase the initial legal regulated rent, except that effective on the first day of the month next succeeding the date of filing of guidelines with the division by the Rent Guidelines Board for the county wherein the property is located, which guidelines are applicable to the class of housing accommodations within the building, the initial legal regulated rent may be increased to the lower of the following rents:

(a)the rent reserved in the lease; or

(b)the initial legal regulated rent increased by the applicable rate of rent adjustment for the lease term pursuant to the guidelines;

provided the landlord first serves on the tenant a written notice setting forth the new legal regulated rent and the method of computation thereof pursuant to this section.

(ii)Where a lease was executed before the local effective date for a term of one, two or three years commencing before the local effective date but providing for one or more rent increases to commence on or after the local effective date, no such increases shall be effective to increase the initial legal regulated rent, except that effective on or after the first day of the month next succeeding the date of filing of the guidelines with the division by the Rent Guidelines Board for the county wherein the property is located, which guidelines are applicable to the class of housing accommodations within the building, the initial legal regulated rent may then be increased commencing on the date or dates provided for in the lease or on the first of the month next succeeding the date of filing of the guidelines, whichever is the later date, to the lower of the following rents:

(a)the rent in the increased amount provided for in the lease; or

(b)the initial legal regulated rent increased by the applicable rate of rent adjustment for the lease term pursuant to the guidelines;

provided the landlord first serves on the tenant a written notice setting forth the new legal regulated rent and the method of computation thereof pursuant to this section.

(6)Vacancy prior to expiration of lease term.

(i)For leases that commenced on or after the local effective date, and were entered into on or before June 15, 1997, where the tenant vacates prior to the expiration of the term of the lease and the housing accommodation is rented to a new tenant pursuant to a lease commencing during the same guidelines period as the prior lease, the rental provided in the new lease shall:

(a)be in accordance with and at the guideline rate of rent adjustment applicable to the new lease;

(b)provided, however, that the base for computing such rent adjustment shall be set by adjusting the prior lease rent to the maximum rent that would be permissible if the last lease with the prior tenant had been for a term ending on the date such prior tenant vacated the housing accommodation; and

(c)may include such other rent increases as are authorized pursuant to the act or this Subchapter.

(ii)For leases entered into after June 15, 1997, the rental provided in the new lease shall be in accordance with section 2502.7 of this Part. The length of the occupancy by the tenant vacating prior to the expiration of the lease term shall have no bearing on the availability of lawful rent increases.

(7)Same terms and conditions.

(i)The lease provided to the tenant by the owner pursuant to both paragraphs (1) and (2) of this subdivision shall be on the same terms and conditions as the last lease prior to the local effective date, except where a change is required or authorized by a law applicable to the building or to leases for housing accommodations subject to the act. Where there was no prior lease for the housing accommodations, the lease shall be on the same terms and conditions as the last leases for the other housing accommodations in the building subject to the act, and shall otherwise provide for the maintenance by the owner of all services and facilities required by the laws applicable to the building and housing accommodations.

(ii)Where an owner has filed an Owner's Petition for Decontrol (OPD) with the division, as provided for in section 2511.3 of this Title, and the period during which the owner must offer a renewal lease pursuant to section 2503.5(a) of this Title has not expired, and the proceeding for decontrol is pending, the owner shall be permitted to attach a rider to the offered renewal lease, on a form prescribed or a facsimile of such form approved by the division, containing a clause notifying the tenant that the offered renewal lease, if accepted, shall nevertheless no longer be in effect after 60 days from the issuance by the division of an order of decontrol, or, in the event that a petition for administrative review (PAR) is filed against such order of decontrol, after 60 days from the issuance by the division of an order dismissing or denying the PAR.

(8)Leases for housing accommodations in cooperative or condominium-owned buildings or in a building for which the Attorney General has accepted for filing an offering plan to convert the building to cooperative or condominium ownership. New or renewal leases may contain a clause permitting termination prior to the expiration of the term by a subsequent owner who has purchased the shares allocated to the rented apartment or purchased the rented apartment, if such clause provides:

(i)that the termination clause shall only be effective for the purpose of permitting the rented apartment, following surrender of possession by the tenant, to be occupied immediately by such owner under the cooperative or condominium building ownership, or by a member of that owner's immediate family as defined in the tenant protection regulations;

(ii)that such owner must serve on the tenant a notice in writing by certified mail no less than 90 days prior to the date of termination of the lease, reciting the date of termination and the full name and address of the owner or the member of the owner' s immediate family who is to take occupancy of the rented apartment, and his or her relationship to the owner; an exact copy of such notice must also be filed with an affidavit of service with the division within seven days after such service;

(iii)that such increase, if any, in the legal regulated rent collected under the lease pursuant to the applicable County Rent Guidelines Board rate must be refunded by the owner to the tenant on or before the date of surrender of possession, to the following extent:

(a)where a one-year lease is so terminated prior to the expiration of the one-year term, the rent increase must be fully refunded;

(b)where a two-year lease is so terminated prior to the expiration of one year, the rent increase must be fully refunded; if one year or more has expired, such amount of the rent increase as exceeded the one-year lease guideline rate must be refunded;

(c)where a three-year lease is so terminated prior to the expiration of one year, the rent increase must be fully refunded; if one year but less than two years has expired, such amount of the rent increase as exceeded the one-year lease guideline rate must be refunded; if two years or more have expired, such amount of the rent increase as exceeded the two-year lease guideline rate must be refunded.

(iv)Where the rented apartment is located in a city, town or village which has filed a resolution with the Attorney General electing to have section 352-eee of the General Business Law apply to cooperative and condominium conversion plans, and the plan has been declared effective in accordance with its terms and the requirements of such section 352-eee:

(a)that the plan for conversion to cooperative or condominium ownership is an “eviction plan” as defined in section 352-eee;

(b)that no eviction proceedings shall be commenced against the tenant for a period of three years after the plan has been declared effective;

(c)that the termination clause shall not apply if the tenant is an “eligible senior citizen” or an “eligible handicapped person” as defined in such section 352-eee.

(9)Delivery of lease to tenant. Each owner shall furnish, to each tenant signing a new or renewal lease, a copy of the fully executed new or renewal lease bearing the signature of owner and tenant and the beginning and ending dates of the lease term, within 30 days from the owner's receipt of the new or renewal lease signed by the tenant. The failure to do so will result in the noncollectibility of the guidelines increase otherwise authorized for such lease, until the first rent payment date following the receipt by the tenant of the fully executed lease. For renewal of leases, use of the form prescribed under section 2503.5(a) of this Title shall be deemed as compliance herewith.

(e)Escalator clauses.

Regardless of whether an escalator clause was contained in the last effective lease or other rental agreement prior to the local effective date of the act, no renewal lease or vacancy lease becoming effective on or after the local effective date shall provide for any escalator clause except as authorized in paragraph (c)(2) of this section.

9 NYCRR 2502.6 - Orders where the legal regulated rent or other facts are in dispute, in doubt, or not known, or where the legal regulated 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)

(1)Where the legal regulated rent or any fact necessary to the determination of the legal regulated rent, or the dwelling space, essential services, or equipment required to be provided with the accommodation, is in dispute between the owner and the tenant, or is in doubt, or is not known, the division at any time upon written request of either party, or on its own initiative, may issue an order in accordance with section 2506.1 of this Title, and other applicable provisions of this Subchapter, determining the facts, including the legal regulated rent, the propriety of any amended registration statements, the dwelling space, essential services and equipment required to be provided with the housing accommodations. Such order shall determine such facts or establish the legal regulated rent in accordance with the provisions of this Subchapter. Where such order establishes the legal regulated rent, it may contain a directive that all rent collected by the landlord in excess of the legal regulated rent established under this section for a period commencing with the local effective act or the date of the commencement of the tenancy, if later, be refunded to the tenant in cash or as a credit to the rent thereafter payable, and upon the failure to comply with the directive, that the order may be enforced in the same manner as prescribed in section 2506.1(e) of this Title. Where either:

(i)the rent charged on the base date cannot be determined; or

(ii)a full rental history from the base date is not provided; or

(iii)the base date rent is the product of a fraudulent scheme to deregulate the apartment; or

(iv)a rental practice proscribed under section 2505.3(c) of this Part has been committed, the rent shall be established at the lowest of the following amounts set forth in paragraph (2) of this subdivision.

(2)These amounts are:

(i)the lowest rent registered pursuant to section 2509.2 of this Title for a comparable apartment in the building in effect on the date the complaining tenant first occupied the apartment; or

(ii)the complaining tenant’s initial rent reduced by the percentage adjustment authorized by section 2502.5 of this Part; or

(iii)the last registered rent paid by the prior tenant (if within the four year period of review); or

(iv)if the documentation set forth in subdivisions (a) through (c) of this section is not available or is inappropriate, data compiled by the division, using sampling methods determined by the division, for regulated housing accommodations.

(b)However, in the absence of collusion or any relationship between an owner and any prior owner, where such owner purchases the housing accommodations upon a judicial sale, or such other sale effected in connection with, or to resolve, in whole or in part, a bankruptcy proceeding, mortgage foreclosure action or other judicial proceeding, and no records sufficient to establish the legal regulated rent were made available to such purchaser, such orders shall establish the legal regulated rent on the date of the inception of the complaining tenant's tenancy, or the date four years prior to the date of the filing of an overcharge complaint pursuant to section 2520.1 of this Title, whichever is most recent, based on either:

(1)documented rents for comparable housing accommodations, whether or not subject to regulation pursuant to this Subchapter, submitted by the owner, subject to rebuttal by the tenant; or

(2)if the documentation set forth in paragraph (1) of this subdivision is not available or is inappropriate, data compiled by the division for comparable housing accommodations; or

(3)in the event that the information described in paragraph (1) or (2) of this subdivision is not available, the complaining tenant's rent reduced by the most recent guidelines adjustment.

This subdivision shall also apply where the owner purchases the housing accommodations subsequent to such judicial or other sale. Notwithstanding the foregoing, this subdivision shall not be deemed to impose any greater burden upon owners with regard to recordkeeping than is provided pursuant to section 12(f)(8) of the act. In addition, where the amount of rent set forth in the rent registration statement filed four years prior to the date the most recent registration statement was required to have been filed pursuant to Part 2509 of this Title is not challenged within four years of its filing, neither such rent nor service of any registration shall be subject to challenge any time thereafter.

9 NYCRR 2502.7 - Rent adjustments upon vacancy or 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

(a)The legal regulated rent for any vacancy lease entered into after June 15, 1997 shall be as hereinafter provided in this subdivision. The previous legal regulated rent for such housing accommodation shall be increased by the following:

(1)if the vacancy lease is for a term of two years, 20 percent of the previous legal regulated rent; or

(2)if the vacancy lease is for a term of one year, the increase shall be 20 percent of the previous legal regulated rent less an amount equal to the difference between:

(i)the two year renewal lease guideline promulgated by the rent guidelines board of the county in which the housing accommodation is located, applied to the previous legal regulated rent; and

(ii)the one year renewal lease guideline promulgated by the rent guidelines board of the county in which the housing accommodation is located, applied to the previous legal regulated rent. In addition, if the legal regulated rent was not increased with respect to such housing accommodation by a permanent vacancy allowance within eight years prior to a vacancy lease executed on or after June 15, 1997, the legal regulated rent may be further increased by an amount equal to the product resulting from multiplying such previous legal regulated rent by six-tenths of one percent and further multiplying the amount of rent increase resulting therefrom by the greater of:

(a)the number of years since the imposition of the last permanent vacancy allowance; or

(b)if the rent was not increased by a permanent vacancy allowance since the housing accommodation became subject to the act and this Subchapter, the number of years that such housing accommodation has been subject to the act and this Subchapter. Provided that if the previous legal regulated rent was less than $300, the total increase shall be as calculated above, plus $100 per month. Provided further, that if the previous legal regulated rent was at least $300 and no more than $500, in no event shall the total increase pursuant to this subdivision be less than $100 per month.

All such increases shall be in lieu of any allowance authorized for the one or two year renewal component of the guideline promulgated by the rent guidelines board of the county in which the housing accommodation is located, but shall be in addition to any other increases authorized pursuant to the act and this Subchapter, including adjustments pursuant to section 2502.4(a) of this Part, and any applicable vacancy allowance authorized by the rent guidelines board.

(3)Effective June 24, 2011, the increase authorized in this paragraph may not be implemented more than one time in any calendar year, notwithstanding the number of vacancy leases entered into in such year.

(b)Any provision of this Subchapter to the contrary notwithstanding, where all tenants named in a lease have permanently vacated a housing accommodation, and a primary-resident family member of such tenant or tenants (first successor) is entitled to and executes a renewal lease for the housing accommodation, as provided in section 2503.5 of this Title, and thereafter permanently vacates the housing accommodation, if such housing accommodation continues to be subject to the act and this Subchapter after such first successor vacates, and a primary-resident family member (second successor) is entitled to and executes a renewal lease for the housing accommodation, as provided in section 2503.5 of this Title, the legal regulated rent shall be increased by a sum equal to the allowance then in effect for vacancy leases, including the amount allowed by subdivision (a) of this section. Such increase shall be in addition to any other increases provided for in the act and this Subchapter, including adjustments pursuant to section 2502.4(a) of this Part, and any applicable vacancy allowance authorized by the rent guidelines board of the county in which the housing accommodation is located, and shall be applicable in like manner to the renewal lease of each second subsequent succeeding family member.

9 NYCRR 2502.8 - 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 owner to install a washing machine, dryer or dishwasher, whether permanently installed or portable, and the owner consents, the owner may collect surcharges, without notification to or approval by the division in an amount specified in an operational bulletin to be issued by the division pursuant to section 2507.11 of this Title. The surcharges authorized by this section shall not be part of the legal regulated rent.

(b)

(1)Where a prior installation by a tenant of a washing machine, dryer or dishwasher comes to the attention of the owner and the owner 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 owner 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 owner may continue the charge, which may also continue to be included in the legal regulated rent, if such was the prior practice.

9 NYCRR 2502.9 - 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

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

9 NYCRR 2502.10 - 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 section.

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

(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; and

(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; the 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 the 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;

(ii)copies of all bids received;

(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.