Title 9 Part 2525

It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodation in excess of the legal regulated rent, or otherwise to do or omit to do any act, in violation of any regulation, order or requirement under the RSL or this Code, or to offer, solicit, attempt or agree to do any of the foregoing. In addition to the definition contained in section 2520.6(c) of this Title, the term rent, as hereinbefore defined, shall also include the payment by a tenant of a fee or rental commission to an owner or to any person or real estate broker where such person or real estate broker is an agent or employee of the owner employed by the owner in connection with the operation or management of the building in which the housing accommodation is located, or where the owner or his or her employee refers the tenant to such person or such real estate broker employed by the owner in connection with the operation or management of the building, for the purpose of renting the housing accommodation, or where there is common ownership, directly or indirectly, or a financial interest between the owner and such person or real estate broker.

Evasion

(b)

tenant, it shall be the duty of the owner to provide the tenant with a written receipt containing the

following:

(2) A tenant may request in writing that an owner provide a receipt for rent paid

by personal check. If such request is made , the owner shall provide the

tenant with the receipt described in paragraph (1) of this subdivision .

the managing agent or designee thereof, as required by section 27-2105 of the Administrative Code of the

City of New York. A failure to comply with the provisions of this subdivision shall constitute an

evasionary practice.

tenant’s tenancy. The owner shall maintain a record of all cash receipts for rent for at least three years

unless a longer period is required by other provisions of this Code.

(5) If a payment of rent is personally transmitted to an owner, the receipts for such payment shall be

issued immediately to a tenant. If a payment of rent is transmitted indirectly to an owner, a tenant shall

be provided with a receipt within fifteen days of such rent payment.

five days of the date specified in a lease agreement, such owner shall send the tenant, by certified mail, a

written notice stating the failure to receive such rent payment. The failure of an owner or an agent of the

owner authorized to receive rent to provide a tenant with a written notice of the non-payment of rent may

be used as an affirmative defense by such tenant in an eviction proceeding based on the non-payment of

rent.

Conditional rental

purchase or lease, furniture or any other personal property, as a condition

of renting housing accommodations.

other person

as used in this section shall include an agent, or any other employee of an owner, or any other entity, acting with or without the authority of the owner.

Regardless of any contract, agreement, lease or other obligation heretofore or hereafter entered into, no owner, in addition to the authorized collection of rent, shall demand, receive or retain a security deposit or advance payment for or in connection with the use or occupancy of a housing accommodation which exceeds the rent for one month; provided, however, that where a greater security deposit was paid by the tenant in continuous occupancy since the date the housing accommodation became subject to the RSL, such deposit may continue in effect during the term of such lease and any renewals thereof with the same tenant. Such security deposit shall be subject to the following conditions:

Harassment

It shall be unlawful for any owner or any person acting on his or her behalf, directly or indirectly, to engage

in any course of conduct (including but not limited to interruption or discontinuance of required services, or

illegal discontinuance of a current tenant’s preferential rent, or unwarranted or baseless court proceedings,

or filing of false documents with or making false statements to DHCR) which interferes with, or disturbs,

or is intended to interfere with or disturb, the privacy, comfort, peace, repose or quiet enjoyment of the tenant

in his or her use or occupancy of the housing accommodation, or is intended to cause the tenant to vacate such

housing accommodation or waive or not exercise any right afforded under this Code including the right of

continued occupancy and regulation under the RSC and RSL.

Occupancy by persons other than tenant of record or tenant’s immediate family

provisions and subject to the limitations of section 235-f of the Real Property Law.

Real Property Law shall not exceed such occupant's proportionate share of the legal regulated rent charged

to and paid by the tenant for the subject housing accommodation. For the purposes of this subdivision, an

occupant's proportionate share shall be determined by dividing the legal regulated rent by the total number

of tenants named on the lease and the total number of occupants residing in the subject housing

accommodation. However, the total number of tenants named on the lease shall not include a tenant's

spouse, and the total number of occupants shall not include a tenant's family member or an occupant's

dependent child. Regardless of the number of occupants, tenants named on the lease shall remain

responsible for payment to the owner of the entire legal regulated rent. The charging of a rental amount to

an occupant that exceeds that occupant's proportionate share shall be deemed to constitute a violation of

this Code.