Title 9 Part 2522

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

Effective date of adjustment of legal regulated rents

Except as otherwise provided in this Code or set forth in the order, the legal regulated rent shall be adjusted

effective the first rent payment date occurring 30 days after the filing of the application, or on the effective date of a lease or other rental agreement providing for the Rent

Guidelines Board annual rate of adjustments, or upon vacancy as provided in section 2522.8

of this Part. No rent adjustment may take place during a lease term unless a clause in the lease authorizes such

increase, or as otherwise provided by law and this Code.

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

(b)

provisions of this Code. Where such order establishes the legal regulated rent, it shall contain a directive

that all rent collected by the owner in excess of the legal regulated rent shall be refunded to the tenant, or

any prior tenant, pursuant to the procedures and requirements set forth by Section 2526.1 or Section 2526.7

of this Title. Orders issued pursuant to this section shall be based upon the law and Code provisions in

effect on March 31, 1984, if the complaint was filed prior to April 1, 1984.

on June 14, 2015 cannot be determined, or

committed, the rent shall be established at the lowest of the following amounts set forth in

subparagraph (i), (ii), (iii), or (iv) of paragraph (3) of this subdivision, Section 2526.7 of this Title,

or Section 2526.1 of this Title. Section 2526.1 of this Title shall only be applicable for complaints

filed prior to June 14, 2019.

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

2522.8 of this Code; or

(iv) if the documentation set forth in subparagraphs (i) through (iii) of this paragraph is not available or

is inappropriate, an amount based on data compiled by the DHCR, using sampling methods determined

by the DHCR, for regulated housing accommodations.

to judicial or other sales.

Consideration of equities

In issuing any order adjusting or establishing any legal regulated rent, the DHCR shall take into consideration all factors bearing upon the

equities involved, subject to the general limitation that such adjustment, establishment or determination can

be put into effect with due regard for protecting tenants and the public interest against unreasonably high rent

increases inconsistent with the purposes of the RSL, for preventing imposition upon the industry of any

industry-wide schedule of rents or minimum rents, and for preserving the regulated housing stock. DHCR

shall take into consideration all factors bearing upon the equities involved, including the creation of undue

hardship or prejudice in determining the retroactive application of orders which create rent arrears.

Rent adjustments upon vacancy or succession

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 one year, the one-year guideline increase, as promulgated

by the Rent Guidelines Board, can be applied to the previous legal regulated rent; or

(2) if the vacancy lease is for a term of two years, the two-year renewal guideline increase, as

promulgated by the Rent Guidelines Board can be applied to the previous legal regulated rent.

calendar year, notwithstanding the number of vacancy leases or lease assignments entered into in

such year.

remain in effect.

Surcharge for the installation and use of washing machines, dryers and dishwashers

(b)

dryer or dishwasher, the owner may continue the charge .

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 Code.

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.

Owners may apply for a waiver of application of the reasonable cost schedule. Pursuant to the requirements specified below, such application must demonstrate that:

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:

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.

DHCR will also accept the cost of contract where:

As part of the written waiver application for non-emergency capital improvements, owners must submit the following:

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.

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.

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.

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).