Title 9 Part 2520

This Subchapter is promulgated and adopted pursuant to the powers granted to the Division of Housing and Community Renewal by chapter 888 of the Laws of New York for the year 1985.

Sections 1 through 66, inclusive, of the code of the Rent Stabilization Association of New York City, Inc., and sections 1 through 64, inclusive, of the code of the Metropolitan Hotel Industry Stabilization Association, Inc., as last amended, are deleted in their entirety, and sections 2520.1 through 2531.9 of this Subchapter, inclusive, are adopted, and this Code is known as the Rent Stabilization Code. Chapter VIII of this Subtitle is known as Rent Stabilization Regulations, and divided into Subchapter A - Emergency Tenant Protection Regulations, consisting of Parts 2500-2511; and Subchapter B - Rent Stabilization Code, consisting of new Parts 2520-2531.

This Code shall be construed so as to carry out the intent of the Rent Stabilization Law 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.

The Commissioner of Housing and Community Renewal may delegate to a deputy commissioner, an assistant commissioner, a rent administrator or any other person or persons, the authority to carry out any of the duties and powers granted to him by the New York City Rent Stabilization Law or this Code, and the Emergency Tenant Protection Act of 1974 as amended.

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

Title 26 of the Administrative Code of the City of New York, sections 26-501 through 26-520, as recodified by chapter 907 of the Laws of New York for the year 1985, constituting the New York City Rent Stabilization Law.

The Emergency Tenant Protection Act of 1974.

The New York State Emergency Housing Rent Control Law, commonly referred to as the State Rent Control Law.

Title 26 of the Administrative Code of the City of New York, sections 26-401 through 26-415, as recodified by chapter 907 of the Laws of New York for the year 1985, constituting the New York City Rent and Rehabilitation Law, commonly referred to as the City Rent Control Law.

The Private Housing Finance Law.

The Multiple Dwelling Law.

Regulations adopted and promulgated by the State Division of Housing and Community Renewal pursuant to the City Rent Law, Parts 2200-2211 of Title 9 NYCRR, officially known as the Official Compilation of Codes, Rules and Regulations of the State of New York.

State Division of Housing and Community Renewal in the Executive Department.

Commissioner of the DHCR.

DHCR as defined in the City Rent Law.

New York City Department of Housing Preservation and Development.

The board created in the City of New York pursuant to article 7-C of the MDL, to resolve complaints of owners of interim multiple dwellings and of residential occupants of such buildings qualified for the protection of MDL article 7-C, and to act upon hardship applications made pursuant to such article.

The board created in the City of New York pursuant to the RSL to establish guidelines annually for rent adjustments for leases or other rental agreements.

The office of the DHCR designated by the commissioner to administer the ETPA, the RSL and the City and State Rent Laws.

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

The local rent administration office of the DHCR for a particular rent area in the City of New York.

The person designated by the commissioner to issue orders based on complaints or applications made to the DHCR.

In accordance with the provisions of the State Administrative Procedure Act, this Code shall be effective May 1, 1987, and all amendments to this Code shall become effective in accordance with the State Administrative Procedure Act. Where implementation of a provision would require new or significantly revised filing procedures or notice requirements, the DHCR may postpone implementation of such provision, as required, for up to 180 days after the effective date of this Code, by an advisory opinion issued pursuant to section 2527.11 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.

Any provision of this Code may be amended or revoked at any time in accordance with the procedure set forth in chapter 888 of the Laws of New York for the year 1985, or as otherwise provided by the State Administrative Procedure Act.

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.

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

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 ETPA, the RSL or this Code, and in such event such provisions shall be void and unenforceable. For housing accommodations made subject to the RSL and this Code pursuant to section 2520.11(c) of this Part, where such leases or rental agreements are so inconsistent as to render them ineffective in defining the rights and duties of tenants and owners, the DHCR may order the provision of new leases consistent with the ETPA, the RSL and this Code. No renewal lease or vacancy lease offered to a tenant shall contain any right of cancellation or eviction by the owner during the term thereof except as provided for by the ETPA, the RSL or this Code.

An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the DHCR, 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 DHCR. 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 RSL and this Code.