New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400


ADVISORY OPINION:  87-1  (MAY 1, 1987)

Pursuant to Section 2520.7 of the Rent Stabilization Code, where
implementation of a provision would require new or significantly
revised filing procedures or notice requirements, the DHCR may
postpone the implementation of such provision, as required, for
up to 180 days after the effective date of the Code, by an
Advisory Opinion issued pursuant to Section 2527.11 of the Code.
Where postponement is deemed necessary, current filing
procedures, notice requirements and forms to the extent that they
are consistent with the provisions of the Code may continue to be
utilized until such time as new forms are provided.

Except as otherwise set forth below, the effective date for
implementation of the following provisions of the Code shall be
postponed to August 1, 1987;

1.   a.   Section 2527.3 - Notice to the Parties Affected

          Subdivision (a), which provides that the DHCR shall
          serve all parties adversely affected thereby with a
          copy of any application, complaint, answer or reply.

     b.   Section 2529.4 - Service and Filing of a P.A.R.

          Subdivision (b), which provides that the DHCR shall
          serve a copy of a P.A.R. upon the adverse party.

     c.   The postponement of these sections applies only to
          P.A.R.'s and to applications relating to building-wide
          improvements, including MCI's and hardships.

2.   Section 2522.4 - Adjustment of Legal Regulated Rent

The following provisions of this section establishing new
processing standards and requirements shall be postponed to
August 1, 1987.

Subdivision (a)(2)(d) - "Useful Life" will continue to be applied
to the extent currently utilized by the DHCR; a more extensive
"Useful Life" schedule, including provisions for the waiver
thereof under certain conditions, shall be made available and
relied upon by the DHCR on or after August 1, 1987.

Subdivision (a)(3) - The accelerated MCI procedure.

Subdivision (a)(8) - The requirement that an application for an
increase based upon an MCI be filed no later than 2 years after
the completion of the installation or improvement.

Subdivision (a)(12) - The allocation by the DHCR on a per-room
basis of a monthly rent adjustment pursuant to a building-wide

3.   Section 2522.5 - Lease Agreements

Subdivision (c)(l) - The promulgation by the DHCR of a Lease
Rider pursuant to this subdivision is postponed to August 1,
1987.  However, the current Lease Rider promulgated by the DHCR
on April 1, 1985 shall continue to be effective, except to the
extent that any provisions thereof are inconsistent with the
Code.  Such inconsistencies in the present Rider include the
required approval by the DHCR of increases based upon furnishings
of new equipment in occupied apartments where the tenant
consents; and the reference to an annual 15% limitation upon
building-wide increases.  Such increases are limited to 6%, which
limitations shall not be waived by the DHCR.  Owners must
continue to furnish the present Rider to each tenant signing a
vacancy or renewal lease. The new Rider will be provided to
owners by the DHCR at the District Rent Offices no later than
August 1, 1987.

Subdivision (c)(2) - The promulgation by the DHCR of a Spanish
version of the Hotel Rights Rider is postponed to August 1, 1987.
The imposition of penalties for failure to furnish a copy of the
English version of the Hotel Rights Rider is postponed to June 1,

4.   Section 2523.5 - Notice for Renewal of Lease and Renewal

Subdivision (a) - The required use of the new lease renewal
notice form to be prescribed by the DHCR is postponed until
October 1, 1987.

Dated: May 1, 1987

Deputy Commissioner for Rent Administration


[note: the following was distributed with the original Advisory
Opinion 87-1, but is no longer distributed.]


Q.   What happens in a Mitchell-Lama "buy out" situation? Will my
     rent be raised to a free-market?

A.   If a private entity buys out the mortgage ending government
     regulation, the tenant in occupancy becomes subject to rent

Q.   Upon vacancy, do apartments in these Mitchell-Lama buy out
     situations, become free market?

A.   No. Upon vacancy, the apartments in such buildings would
     remain rent stabilized.

Q.   If several buildings (townhouse type or garden) in a
     horizontal multiple dwelling complex were sold off
     subsequent to the RSL base date but prior to May 1, 1987,
     are those units rent stabilized?

A.   No. Prior to 5/l/87, DHCR is powerless to recapture those
     units. However, any sale subsequent to 5/1/87 will not
     remove those units from the RSL. Only the gut rehabilitation
     of an entire vacant building excludes units from the RSL as
     "substantially rehabilitated".

Q.   What happens if a court determines that a tenant is a non-
     primary resident?

A.   A declaratory judgment action can be brought at any time (no
     cure allowed). Eviction can only occur at the end of the
     lease with 120 to 150 days Notice of non-renewal and a 30-
     day Notice of Eviction proceeding (the two notices can be

     Note:  Although the declaratory judgment action can be
     brought at any time and a finding of non-primary residence
     cannot be cured by subsequent primary residency, the lease
     remains in effect although the finding of non-primary
     residency removes the apartment from the RSL jurisdiction
     until a new tenant enters into a vacancy lease.

Q.   Are lofts subject to the RSL?

A.   Not at this time. Most lofts shall become subject to the RSL
     when the Loft Board, which currently regulates these
     apartments, transfers jurisdiction to DHCR. This will occur
     when these apartments and the buildings in which they are
     contained comply with the Building Code safety requirements
     and receive Certificates of Occupancy. However, certain
     lofts will remain exempt where the building owner has bought
     the tenants' right to occupancy.



Q.   If my Mitchell-Lama building is "bought out", how will my
     rent be determined?

A.   The Initial Legal Registered Rent shall be the rent charged
     to and paid by the tenant in occupancy on the date the
     building became subject to the RSL.

Q.   How would the rent be determined if the apartment was vacant
     on the date the building became subject to the RSL?

A.   The new tenant would pay the rent charged to and paid by the
     most recent tenant, in addition to rental subsidies if any,
     and including a vacancy guideline increase.

Q.   Can this first stabilized rent be challenged?

A.   No. It is not subject to a Fair Market Rent Appeal.


Q.   If the previous tenant was receiving SCRIE, would that lower
     rent be used as a base for establishing my new rent?

A.   Yes. A new tenant would pay the amount charged to and paid
     by the SCRIE tenant in addition to a vacancy guideline
     increase. However, the new owner must register two rents
     (The one charged and the one paid) if he wants to charge the
     higher rent.

     Note: If SCRIE portability legislation passes, the
     Legislature, only the higher rent (rent charged) would have
     to be registered. If the tenant receives Section 8
     subsidies, only the higher rent must be registered.


Q.   I am the first rent stabilized tenant in this apartment. Am
     I entitled to receive a copy of the apartment registration?

A.   Yes. Within 90 days of the RSL base date, a copy of the
     Initial Apartment Registration and a Notice of Initial Legal
     Regulated Rent must be mailed to the tenant by certified
     mail for vacancy decontrolled apartments.

     Note: The Notice of Initial Legal Regulated Rent will be
     incorporated into a new Initial Apartment Registration form.
     Until that time, the owner files a DC 2A and an RR1.

Q.   What form do I file if my landlord has not filed an Initial
     or an Annual Rent Registration?

A.   You file an overcharge. If DHCR finds that the owner is not
     in compliance with the registration requirements the owner
     will be ordered to refund all rent increases that have been
     collected between the time the apartment should have been
     registered and is registered.

DHCR Advisory Opinions are issued by the New York State Division
of Housing and Community Renewal (DHCR) and represent the
agency's interpretation of the rent laws.

On any challenge or appeal, the agency may claim it has wide
"discretion" to interpret the rent laws as it sees fit, as long
as it's interpretation is not arbitrary, capricious or an abuse
of discretion. In such instances, the agency must show it's
interpretation is consistent with past practice and rational.
Discretion is different from mandates where the agency is obliged
to follow certain policies, practices or interpretations.
Mandates are usually based in (and stated in) the law.

In many instances, the agency refuses (or fails) to issue
official interpretations in order to maintain it's discretion. In
practice, such unaccountable discretion is seen by some as an
abuse of the intent of the rent laws.

Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR.

Also see DHCR Policy Statements, DHCR Operational Bulletins, the
Rent Stabilization Code, the Rent Stabilization Law and various
Rent Control Statutes.

Every attempt has been made to conform to the original Advisory
Opinions as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written.  The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws.  Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.

For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.

Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400

One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382

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