Title 9 Part 2503

Every landlord of housing accommodations subject to this Subchapter, which are rented to a tenant on the local effective date, shall within 30 days after the local effective date give notice in writing by certified mail to the tenant of each such housing accommodation on a form provided by the division for that purpose, reciting the initial legal regulated rent for the housing accommodation and the tenant's right to file an application for adjustment of the initial legal regulated rent within 90 days after receipt of the notice. Notwithstanding the foregoing, nothing in this section shall require an owner to serve the above notice after four years from the date of the commencement of the initial stabilized tenancy or maintain or produce any records relating to rentals of such accommodations for more than four years prior to the date the most recent registration was required to have been filed pursuant to Part 2509 of this Title.

Every owner of housing accommodations subject to this Subchapter shall file annually with the division, on a form which it shall provide for that purpose, a written certification that he is maintaining and will continue to maintain all services furnished on May 29, 1974, the effective date of the act, or required to be furnished by any law, ordinance or regulation applicable to the premises. Compliance with section 2509.2 of this Title shall also be in compliance with this section.

No owner shall be entitled to collect a rent guidelines board rent adjustment authorized under section 2502.5 of this Title until the owner has filed a proper certification as required by section 2503.2 of this Part, nor shall any owner be entitled to a rent restoration upon a restoration of services unless such restoration of services has been determined by the division in a proceeding commenced by an owner's application to restore rent or a proceeding commenced pursuant to section 2506.2 of this Title, or in another proceeding pursuant to these regulations. Such restoration shall take effect on the date specified in the order of the division issued in such proceeding.

SCHEDULE OF DE MINIMIS CONDITIONS BUILDING-WIDE CONDITIONS

Failure to provide in lobby, hallways, stairwells, and other nonenclosed public areas.

Removal of canopy over unlocked door leading to vestibule; changes in door-locking devices, where security or access is not otherwise compromised.

Change in color or quality under certain circumstances; isolated stains on otherwise clean carpets; frayed areas which do not create a tripping hazard.

Removal of, whether or not dryers are provided.

Sidewalk cracks which do not create a tripping hazard; hairline cracks in walls and ceilings.

Modification (e.g., fountain replaced with rock garden); removal of some or all for aesthetic reasons.

Failure to post elevator inspection certificates; failure to provide or maintain amenities (e.g., ashtray, fan, recorded music).

Failure to wax floors; discrete areas in need of cleaning or dusting, where there is evidence that janitorial services are being regularly provided and most areas are clean (see JANITORIAL SERVICES, item 12).

Any condition that does not interfere with the use of the garage or an assigned parking space (e.g., peeling paint where there is no water leak).

Minor graffiti inside the building; any graffiti outside the building where the owner submits an "affidavit of on-going maintenance" indicating a reasonable time period when the specific condition will be next addressed.

Modification; failure to maintain a particular aspect of landscaping where the grounds are generally maintained.

Failure to clean or dust discrete areas, where there is evidence that janitorial services are being regularly provided because most areas are, in fact, clean.

Missing light bulbs where the lighting is otherwise adequate.

Discontinuance of fresh cut flowers; removal of fireplace or fireplace andirons; modification of furniture; removal of some furnishings (determined on a case-by-case basis); removal of decorative mirrors; reduction in lobby space where reasonable access to tenant areas are maintained; elimination of public area door mat; failure to maintain a lobby directory that is not associated with a building intercom; removal or replacement of window coverings (see DECORATIVE AMENITIES, item 6).

Elimination of door-to-door or other methods of mail distribution where mailboxes are installed in a manner approved by the U.S. Postal Service.

Minor deterioration; failure to point exterior bricks where there is no interior leak damage.

Modifications, such as reasonable substitution of equipment, combination of areas, or reduction in the number of items of certain equipment where overall facilities are maintained (see ROOF, item 19).

Discontinuance of recreational use (e.g., sunbathing) unless a lease clause provides for such service, or formal facilities (e.g., solarium) are provided by the owner; lack of repairs where water does not leak into the building or the condition is not dangerous.

Failure to provide or maintain in compactor rooms or laundry rooms.

Removal or reduction of, unless storage space service is provided for in a specific rider to the lease (not a general clause in a standard form residential lease), or unless the owner has provided formal storage boxes or bins to tenants within four years of the filing of a tenant's complaint alleging an elimination or a reduction in storage space service.

Decrease in the number of staff, other than security, provided there is no decrease in janitorial services; elimination of on-site management office; failure to provide an on-site superintendent, provided there is no decrease in janitorial services.

Replacement of individual antennas with master antenna; visible cable; television wires; or other technologies.

Removal of (except in buildings containing class B units).

Sealed, vented, basement or crawl space windows, other than in areas used by tenants (e.g., laundry rooms); cracked fire-rated windows; peeling paint or other nonhazardous condition of exterior window frames.

INDIVIDUAL APARTMENT CONDITIONS

Chips on appliance, countertop, fixtures or tile surfaces; color-matching of appliances, fixtures or tiles.

Hairline cracks; minor wall cracks, provided there is no missing plaster, or no active water leak.

Lack of alignment, provided condition does not prevent proper locking of entrance door or closing of interior door.

Failure to provide refinishing or shellacking.

Caused by another tenant.

Failure to re-tape or re-cord venetian blinds.

Every landlord of housing accommodations subject to this Chapter, for which the initial legal regulated rent includes payments reserved under a tax escalation clause in the lease or other rental agreement shall whenever there is a reduction in the amounts of increases in the real property taxes which were previously in effect, on or before July 31, 1976 or within 60 days after notice of such reduction and receipt of rebates from the taxing authority, whichever is later, give notice in writing by certified mail to the tenant of each such housing accommodation on a form provided by the division for that purpose, reciting the redetermined initial legal regulated rent for the housing accommodation, and the amount of the payments previously included in the initial legal regulated rent, which are excluded therefrom based upon the reduction of real property tax increases, and that all refunds of excess rent paid since the local effective date will be made in cash to the tenant or as a credit against future rents over a period not in excess of six months. In the event the initial legal regulated rent has been adjusted by the applicable Rent Guidelines Board rate in a one-, two- or three-year lease, the legal regulated rent provided in such lease.

A tenant may apply to the division for a redetermination of the initial legal regulated rent, and the legal regulated rent if there has been an adjustment by the applicable Rent Guidelines Board rate in a one-, two- or three-year lease, when the landlord has failed to serve the notice required under this Part. In determining such application, the division may direct the refund by the landlord to the tenant of excess rent paid since the local effective date, and may further order the landlord to pay the tenant such penalty as may be found under Part 2506 of this Chapter.