Title 9 Part 2503

Notice of initial legal regulated rent

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.

Compliance with section 2509.1 of this Title shall also be considered compliance with this section.

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.

change on a form prescribed by the DHCR. Such form shall be signed by the new owner, listing

the address of the building or complex, the name, address and telephone number of the new owner,

and the date of the transfer of ownership.

agent, or, if there is no managing agent, the owner of a building or group of buildings or

development shall give written notice to the DHCR and to all tenants of the new address.

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.