New York regulations
Title 9 Part 2523
Executive Department
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9 NYCRR 2523.1 - Notice of initial legal regulated rent
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- Sep 15, 2021
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Every owner of housing accommodations previously subject to the City Rent Law and thereafter rented to a tenant on or after April 1, 1984, shall within 90 days after the commencement of the first tenancy subject to the RSL, give notice in writing by certified mail to the tenant of each such housing accommodation on a form prescribed by the DHCR 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 of the certified mailing to the tenant of the notice pursuant to section 2522.3 of this Title.
Notwithstanding the foregoing, where such application is filed four years or more after the first date the housing accommodation was no longer subject to the City Rent Law, the application shall be dismissed pursuant to section 2522.3(c) of this Title.
9 NYCRR 2523.2 - Certification of services
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- Jun 6, 2026
Every owner of housing accommodations subject to this Code shall annually file with the DHCR, on a form which the DHCR shall prescribe for that purpose, a written certification that he or she is maintaining and will continue to maintain all services as required by section 2520.6(r) of this Title, or required to be furnished by any law, or regulation applicable to the housing accommodation. Compliance with section 2528.3 of this Title, shall also be in compliance with this section.
9 NYCRR 2523.3 - Failure to file a certification of services
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- Jun 6, 2026
No owner shall be entitled to collect a rent adjustment pursuant to a rent guidelines board order as authorized under section 2522.5 of this Title, until the owner has filed a proper certification as required by section 2523.2 of this Part, nor shall any owner be entitled to a rent restoration based upon a restoration of services unless such restoration of services has been determined by the DHCR in a proceeding commenced by an owner's application to restore rent or a proceeding commenced pursuant to section 2526.2 of this Title, or in another proceeding pursuant to this Code. Such restoration shall take effect, where restoration of services has been determined in a proceeding commenced by an owner's application for rent restoration, in accordance with section 2522.2 of this Title and, where restoration of services has been determined by the DHCR in a proceeding commenced pursuant to section 2526.2 of this Title, or in another proceeding pursuant to this Code, on the date specified in the order of the DHCR issued in such proceeding.
9 NYCRR 2523.4 - Failure to maintain services
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- Executive Department
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- Source-only entry
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- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
9 NYCRR 2523.5 - Notice for renewal of lease and renewal procedure
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- Executive Department
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- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jul 8, 2026
(a)On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 90 days prior to the end of the tenant's lease term, by mail or personal delivery, of the expiration of the lease term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease. The tenant's acceptance of such offer shall be entered on the designated part of the prescribed form, or facsimile thereof, and returned to the owner by mail or personal delivery. Pursuant to the provisions of section 2522.5(b)(1) of this Title, the owner shall furnish to such tenant a copy of the fully executed renewal lease form bearing the signatures of the owner and tenant within 30 days of the owner's receipt of the renewal lease form signed by the tenant. Upon execution by the owner and delivery to the tenant, such form shall constitute a binding renewal lease. Upon failure of the owner to deliver a copy of the fully executed renewal lease form to the tenant within 30 days from the owner's receipt of such form signed by the tenant, such tenant shall not be deprived of any of his or her rights under the RSL and this Code and the owner shall be barred from commencing any action or proceeding against the tenant based upon nonrenewal of lease, pursuant to section 2524.3(f) of this Title. In the event that such notice is given to the tenant after the expiration of the lease, the provisions of subdivision (c) of this section shall govern.
(b)
(1)Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to federal, state or local law, regulations or other requirements of governmental agencies, if an offer is made to the tenant pursuant to the provisions of subdivision (a) of this section and such tenant has permanently vacated the housing accommodation, any member of such tenant's family, as defined in section 2520.6(o) of this Title, who has resided with the tenant in the housing accommodation as a primary residence for a period of no less than two years, or where such person is a “senior citizen,” or a “disabled person” as defined in paragraph (4) of this subdivision, for a period of no less than one year, immediately prior to the permanent vacating of the housing accommodation by the tenant, or from the inception of the tenancy or commencement of the relationship, if for less than such periods, shall be entitled to be named as a tenant on the renewal lease.
(2)The minimum periods of required residency set forth in this subdivision shall not be deemed to be interrupted by any period during which the “family member” temporarily relocates because he or she:
(i)is engaged in active military duty;
(ii)is enrolled as a full-time student;
(iii)is not in residence at the housing accommodation pursuant to a court order not involving any term or provision of the lease, and not involving any grounds specified in the Real Property Actions and Proceedings Law;
(iv)is engaged in employment requiring temporary relocation from the housing accommodation;
(v)is hospitalized for medical treatment; or
(vi)has such other reasonable grounds that shall be determined by the DHCR upon application by the such person.
(3)The 60-day period from the date of service of the notice for renewal of lease for acceptance and renewal provided to the tenant in subdivision (a) of this section, shall also apply to the tenant's “family member.”
(4)For the purposes of this subdivision (b), disabled person is defined as a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities.
(c)
(1)Where the owner fails to timely offer a renewal lease or rental agreement in accordance with subdivision (a) of this section, the one- or two-year lease term selected by the tenant shall commence at the tenant's option, either (i) on the date a renewal lease would have commenced had a timely offer been made, or (ii) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. In either event, the effective date of the increased rent under the renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner, and the guidelines rate applicable shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made.
(2)Where the tenant fails to timely renew an expiring lease or rental agreement offered pursuant to this section, and remains in occupancy after expiration of the lease, such lease or rental agreement may be deemed to be in effect, for the purpose of determining the rent in an overcharge proceeding, where such deeming would be appropriate pursuant to Real Property Law section 232-c. In such event, the expiring lease will be deemed to have been renewed upon the same terms and conditions, at the legal regulated rent, together with any guidelines adjustments that would have been applicable had the offer of a renewal lease been timely accepted. Unless otherwise dictated by Real Property Law section 232-c, the effective date of the rent adjustment under the "deemed" renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner.
(3)Where there is no deemed lease pursuant to the provisions of paragraph (2) of this subdivision, an owner may commence an action or proceeding to recover possession of a housing accommodation in a court of competent jurisdiction pursuant to sections 2524.2(c)(1) and 2524.3(f) of this Title, where the tenant, upon the expiration of the existing lease or rental agreement, fails to timely renew such lease in the manner prescribed by this section.
(d)Except as provided in Part 2524 of this Title, the failure to offer a renewal lease pursuant to this section shall not deprive the tenant of any protections or rights provided by the RSL and this Code and the tenant shall continue to have the same rights as if the expiring lease were still in effect.
(e)On a form prescribed or a facsimile of such form approved by the DHCR, a tenant may, at any time, advise the owner, or an owner may request from the tenant at any time, but no more often than once in any 12 months, the names of all persons other than the tenant who are residing in the housing accommodation, and the following information pertaining to such persons:
(1)if the person is a “family member” as defined in subdivision (o) of section 2520.6 of this Title; and
(2)if the person is, or upon the passage of the applicable minimum period of required residency, may become a person entitled to be named as a tenant on a renewal lease pursuant to subdivision (b)(1) of this section, and the date of the commencement of such person's primary residence with the tenant; and
(3)if the person is a “senior citizen” or a “disabled person” as defined in section 2520.6(p) of this Title, and subdivision (b)(4) of this section.
Failure of the tenant to provide such information to the owner, regardless of whether the owner requests the information, shall place upon all such persons not so made known to the owner, who seek to exercise the right to be named as a tenant on a renewal lease as provided for in subdivision (b) of this section, the affirmative obligation to establish such right.
(f)For the purpose of determining whether an owner may charge the rent increases authorized pursuant to subdivision f of section 26-512 of the RSL, every owner who enters into a renewal lease pursuant to subdivision (b) of this section shall notify the DHCR, in a manner prescribed by the DHCR, whether the tenant named on the lease in effect for the housing accommodation at the time such notice is given was so named as the result of the exercise of rights pursuant to subdivision (b) of this section, together with the commencement date of the first renewal lease for the housing accommodation on which such tenant was named. Such notice shall create a rebuttable presumption that the owner is entitled to collect such sum.
9 NYCRR 2523.6 - Notices of appearance by attorney or other authorized representative
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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
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- Source snapshot
- Jul 8, 2026
(a)Whenever an attorney or other authorized representative appears for a party who is involved in a proceeding before the DHCR, such person must file a notice of appearance which shall be on a form prescribed by the DHCR, unless the application which instituted the proceeding before the DHCR stated the representation of such person and his or her mailing address in the space allotted for the mailing address of the represented party. An attorney who appears for such party may instead use the letterhead stationery of his or her office as a notice of appearance if the information contained therein substantially conforms to the information required by the form. All subsequent written communications or notices to such party (other than subpoenas) shall be sent to such attorney or other authorized representative at the address designated in such notice of appearance. The service of written communications and notices upon such attorney or other authorized representative shall be deemed full and proper service upon the party or parties so represented. If an authorized representative appears, such notice of appearance must be accompanied by a written authorization, duly verified or affirmed, by the party represented.
(b)Whenever an attorney or other authorized representative shall represent the same party or parties in more than one proceeding before the DHCR, separate notices of appearance and authorizations shall be filed in each proceeding.
(c)Any submission signed by an attorney or other authorized representative must state that such person has personal knowledge of the facts contained in such submission, or if he or she does not have such personal knowledge, the basis for such person's information.
9 NYCRR 2523.7 - Records and recordkeeping
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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)
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- Source snapshot
- Jun 6, 2026
(a)Except as provided in subdivision (b) of this section, every owner subject to this Code shall keep, preserve, and make available for examination, records from the date immediately prior to the date the housing accommodation became subject to the RSL, showing the individual housing accommodation services and building-wide services provided or required to be provided on the applicable base date.
(b)An owner shall maintain records relating to rents of housing accommodations for four years prior to the date the most recent registration for such accommodation was required to have been filed. An owner shall not be required to produce any rent records in connection with proceedings under sections 2522.3 and 2526.1 of this Title relating to a period that is prior to the base date. Notwithstanding the above, such owner shall continue to maintain such records for all housing accommodations for which a complaint of overcharge or a fair market rent appeal has been filed by a tenant, until a final order of the DHCR is issued.
(c)
(1)In the absence of collusion or any relationship between a prior owner and an owner who purchases 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, such purchaser shall not be required to provide records for the period prior to such sale, except where records sufficient to establish the legal regulated rent are available to such purchaser. This subdivision shall apply to an owner who purchases subsequent to such judicial or other sale.
(2)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 required to provide records for the period prior to such appointment, except where records sufficient to establish the legal regulated rent are available to such receiver. This subdivision shall not be construed to waive the purchaser's obligation to register pursuant to Part 2528 of this Title.
9 NYCRR 2523.8 - Notice of change of ownership or address
No later Register activity identified in this check.
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
- Jul 8, 2026
(a)Within 30 days after a change in ownership, the new owner shall notify the DHCR of such 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.
(b)Within 30 days after a change in the address of the managing agent, such managing 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.