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
NEW YORK CITY RENT STABILIZATION CODE
ADVISORY OPINION: 87-2 (JUNE 1, 1987)
This Advisory Opinion is issued pursuant to Sections 2520.7 and
2527.11 of the Rent Stabilization Code.
Advisory Opinion 87-1 postponed to June 1, 1987 the imposition of
the penalties provided by Section 2522.5(c) (2) of the Rent
Stabilization Code for failure to furnish a copy of the English
language version of the Notice of Rights and Duties of Hotel
Owners and Tenants.
The DHCR has promulgated the Notice and will be making copies
available to hotel owners at the District Rent Offices during the
month of June. Therefore, the DHCR has determined that it would
be inequitable to enforce the penalty provisions of Section
2522.5(c) (2) at this time because hotel owners may not have had
adequate opportunity to obtain the Notice. The imposition of such
penalties for failure to furnish such English language version of
the Notice is further postponed to July 1, 1987.
Dated: June 1, 1987
MANUEL MIRABAL
Deputy Commissioner for Rent Administration
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NOTICE OF RIGHTS AND DUTIES OF HOTEL OWNERS
AND TENANTS
SUMMARY
The following summarizes this Hotel Rights Notice. For further
Information, please refer to the Full text of the notice which
follows this summary.
1. YOU MAY ONLY BE PROTECTED BY RENT STABILIZATION IF YOU
BECOME A "PERMANENT TENANT"
A permanent tenant is an individual who requests a lease
for at least SIX months, or who continuously resides in the
same building for at least six months, and a family member
residing with such individual.
2. YOU HAVE THE RIGHT, UPON REGISTRATION TO IMMEDIATELY REQUEST
A LEASE TO BECOME A PERMANENT TENANT.
You have a right to ask the owner for a six month lease at
any time after registering in the hotel, and the owner must
provide you with a lease within 15 days after such request.
Your request to become a permanent tenant automatically
gives you the right to remain in occupancy as a permanent
tenant and gives you the protection and benefits of rent
stabilization.
3. YOUR INITIAL RENT AND THE SUBSEQUENT RENTALS CHARGED
THEREAFTER ARE SUBJECT TO REGULATION.
As a permanent tenant, an owner may not charge you more than
the most recent rent charged the prior permanent tenant,
plus any lawful guidelines increase in effect at the time of
your renting, as set for your hotel room apartment by the
NYC Rent Guidelines Board. Such rent is required to be
registered with the DHCR. You may obtain this information
by writing to the DHCR, Gertz Plaza Office, listed in the
Appendix, provided you submit proof of residence in the
hotel room/apartment. Hotel tenants may receive annual rent
increases which are authorized by the Rent Guidelines Board,
and the owner may apply for other increases, for building-
wide or apartment improvements, or where an owner is not
receiving a fair return on his or her investment after
expenses (hardship).
4. YOU HAVE THE RIGHT TO RECEIVE HOTEL SERVICES
Pursuant to the Rent Stabilization Law and Code, a hotel
owner is required to provide hotel services such as maid and
linen service, furniture, and 24 hours per day lobby
coverage in addition to other required services. However,
some hotels, rooming houses or SRO facilities may never have
provided a full range of hotel services. In such instances,
the owner must provide those services offered to tenants
when these buildings first became subject to the Rent
Stabilization Law in June, 1981.
5. YOU HAVE THE RIGHT TO KEEP YOUR ROOM.
If you lived in your room for 30 days or longer, or if you
have a lease, or if you have asked for a lease, you may not
be evicted unless the owner obtains a Court Order granting
such eviction. An owner may not harass you by doing
anything intended to make you vacate your room/apartment.
6. WHERE TO GO FOR ASSISTANCE
If you feel your rights are being violated, you may contact
one of the agencies listed in the Appendix attached.
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HOTEL RIGHTS NOTICE
INTRODUCTION
This Notice generally informs hotel, rooming-house, and Single-
Room ("SRO") facility occupants, permanent tenants, and owners
about their basic rights and responsibilities as provided for
under the Rent Stabilization Law (RSL) as implemented pursuant to
the New York City Rent Stabilization Code (Code). The RSL and
Code regulate rents, services, and evictions. They also provide
for rent increases to enable owners to meet increased maintenance
costs, provide new services and equipment, and otherwise properly
maintain the property.
This Notice does not contain every rule applicable to stabilized
housing accommodations located in hotels, rooming-houses, and
SRO's. This Notice is only informational. It does not replace or
modify the RSL, the Code, any order of the New York State
Division of Housing and Community Renewal (DHCR), or any order of
the New York City Rent Guidelines Board. The appendix lists
organizations which can provide assistance to hotel, rooming-
house, and SRO occupants, permanent tenants, and owners who have
inquiries, complaints or requests relating to subjects covered in
this Notice.
A hotel occupant or permanent tenant should keep a copy of this
Notice and of any lease he or she may sign.
JURISDICTION
In New York City, for a hotel to be subject to the Code, it must
have been constructed on or before July 1, 1969, and contain six
or more housing accommodations. Rentals for the individual hotel
housing accommodations must have been less than $350.00 per month
or $88.00 per week on May 31, 1968. The Code defines a hotel as
any class A or B Multiple Dwelling which provides basic hotel
services such as maid, linen, use and upkeep of furniture, and
switchboard and other desk-type facilities. This full range of
hotel services may not necessarily be required to qualify as a
hotel in certain Class B Multiple Dwellings, such as rooming-
houses and some SRO's.
A hotel occupant may only be protected by rent stabilization if
he or she becomes a "permanent tenant". A permanent tenant is an
individual or his or her family member residing with such
individual, who: (1) has continuously resided in the same
building as a principal residence for a period of at least six
months; or (2) who requests a lease of six months or more; or (3)
who is in occupancy pursuant to a lease of six months or more
even if actual occupancy is less than six months.
Upon notification by a hotel occupant of his or her intent to
reside at the premises on a long term basis, the owner shall not,
through any action or inaction, prevent such occupant from
becoming a permanent tenant. In addition, no owner shall compel
any person to rent as a hotel occupant, or require a hotel
occupant upon registration to represent or agree that the housing
accommodation will not be used as a principle residence, or will
be used for commercial or professional purposes when in fact the
housing accommodation is to be used solely for residential
purposes.
FIRST LEASE
A hotel occupant, who has never had a lease, may become a
permanent tenant by requesting a first lease for a term of at
least six months at any time after commencing occupancy, and the
owner must provide such lease within fifteen days after such
request. The six month term is the minimum lease period mandated
by the Code. However, unlike owners of rent stabilized apartment
buildings, who are required to offer rent stabilized tenants
renewal leases for one or two years at the tenants' option, hotel
owners are not required to provide renewal leases to permanent
tenants. A permanent tenant has the right to remain in occupancy,
whether or not the lease is renewed by the owner. Permanent
tenants are subject to annual guidelines increases set by the New
York City Rent Guidelines Board, whether or not they have leases.
SECURITY DEPOSIT
A hotel owner may collect a security deposit no greater than one
month's rent, provided the hotel occupant is granted a first
lease. When the rent is increased if the lease is renewed or the
permanent tenant chooses to remain in occupancy after the lease
expires, the owner may charge an additional amount to bring the
security deposit up to the full amount to which the owner is
entitled.
Security deposits must be deposited in an interest bearing trust
account in a New York bank. Owners may deduct an annual service
fee of 1% of the security deposit, and must, at the permanent
tenant's option, apply the balance of the interest paid by the
bank to the rent, hold it in trust until repaid, or pay it
annually to the permanent tenant.
VACANCY RENT
When a hotel occupant who commenced occupancy after August 15,
1983, becomes a permanent tenant, there is a restriction upon the
amount of rent that may be charged. An owner may not charge such
permanent tenant more than the most recent lawful rental amount
paid by the most recent prior permanent tenant plus any lawful
guidelines increase and/or vacancy allowance then in effect as
set for hotel housing accommodations by the New York City Rent
Guidelines Board. Such rent is required to be registered with
the DHCR. You may obtain this information by writing to the DHCR,
Gertz Plaza Office, listed in the Appendix, provided you submit
proof of residence in the hotel room/apartment. In addition to
guidelines increases, the rent may be permanently increased by
the verified cost of new services, equipment or improvements,
furniture or furnishings provided to the individual housing
accommodation; the cost of a completed major capital improvement;
or for a hardship where the rent is not sufficient to enable the
owner to obtain a fair return on his or her investment after
expenses.
SENIOR CITIZEN RENT INCREASE EXEMPTION ("SCRIE")
The New York City Department of Housing Preservation and
Development (HPD), administers the SCRIE program. Under this
program, permanent hotel tenants who are 62 years of age or
older, and whose "net" household income is not more than $12,025
per annum, may qualify for exemption from guidelines rent
increases, hardship rent increases, or rent increases based upon
major capital improvements. This exemption will only be from
that portion of the rent increase which causes the permanent
tenant's rent to exceed one-third of the "net" household income,
and is not available for increases based on new services or
equipment furnished within an individual housing accommodation.
When a senior citizen is granted a rent increase exemption, the
owner may obtain a real estate tax credit from New York City
equal to the amount of the exemption. The SCRIE office is
located at 17 John Street, 4th Floor, New York, NY 10007,
(212)566-5413 or 5414.
SERVICES
Services required to be provided to a permanent tenant include
building-wide services such as heat, hot water, janitorial
service, maintenance of locks and security devices, repairs and
maintenance. Services may also include elevators, air
conditioning, doormen and other amenities. Ancillary services
provided by the owner, such as laundry room facilities or
switchboard service, etc., provided at an additional charge
separate and apart from the rent if there is or was on the base
date or at anytime subsequent thereto common ownership between
the operator of such service and the owner of the hotel, may also
not be discontinued. Required services also include services
within the housing accommodation, such as maintenance and repair
of appliances, and painting every 3 years. Where telephone
switchboard service is not provided, an owner cannot deny a
permanent tenant permission to install a private telephone if
such installation does not cause undue economic hardship to the
owner. In addition, an owner shall not cause a pay telephone to
be removed from the premises.
The customary hotel services required to be provided include, but
are not limited to, maid service, the provision and laundering of
linen, use and upkeep of furniture, as well as 24 hours per day,
7 day per week staffed lobby coverage. Upon a finding by the DHCR
on complaint of a permanent tenant that services are not being
maintained, a rent reduction may be imposed, and future rent
increases may be barred until the rent is restored pursuant to an
order of the DHCR.
It should be noted that this full range of hotel services may not
necessarily be required to be provided in class B Multiple
Dwellings such as rooming houses and some SRO hotels. The hotel
services required to be provided would be those services provided
when such buildings first became subject to the RSL in June,
1981.
EVICTIONS
Generally, except as explained below, so long as a hotel occupant
or permanent tenant pays the lawful rent to which the owner is
entitled, such occupant or permanent tenant is entitled to remain
in the housing accommodation. An owner may not harass an
occupant or permanent tenant by engaging in an intentional course
of conduct intended to make such occupant or permanent tenant
vacate the housing accommodation.
Under the Real Property Actions and Proceedings Law, a hotel
occupant residing at the hotel for thirty days or more even
though he has not requested a lease and is not a permanent
tenant, may only be evicted pursuant to an action or proceeding
instituted in the Civil Court. If such an action is brought, the
"occupant" will receive notice of the action and of the right to
answer and appear in court. Lockouts of such hotel occupants, or
of permanent tenants are strictly illegal.
Permanent tenants may be evicted by court order without DHCR
approval, for the following wrongful acts:
(a) Non-payment of rent or other charges;
(b) Violating a substantial obligation of the tenancy;
(c) Committing or permitting a nuisance, or harassing the owner
or other tenants;
(d) Illegally using or occupying the housing accommodation;
(e) Unlawfully refusing the owner access;
(f) Refusing to vacate the housing accommodation after at least
20 days' written notice, and to move to a substantially
similar housing accommodation in the same building at the
same legal regulated rent, in order to permit the owner to
reconstruct, renovate or improve the vacated housing
accommodation pursuant to the owner's lawful plan to
reconstruct, renovate or improve said housing accommodation
in the hotel or rooming house in which it is located. The
owner must move the permanent tenant's belongings to the
other housing accommodation. The permanent tenant who has
been so required to move shall be afforded the right to
reoccupy the reconstructed, renovated or improved housing
accommodation at the same legal regulated rent, unless such
rent is otherwise provided for pursuant to the Private
Housing Finance Law, the Housing New York Program Act, or
the U.S. Housing Act of 1937.
Permanent tenants are cautioned that causing violations of
health, safety or sanitation standards of the applicable laws,
ordinances, and regulations, or permitting such violations by a
member of their family or household, or by a guest, may be the
basis for an eviction the owner.
An owner may refuse to continue a hotel tenancy on the following
grounds, and commence an eviction action or proceeding in Civil
Court without prior order of the DHCR:
a) the owner seeks the housing accommodation in good faith for
personal use or for the personal use of members of the
owner's immediate family.
b) the housing accommodation is owned by a hospital, convent,
monastery, asylum, public institution, college, school
dormitory or any institution operated exclusively for
charitable or educational purposes on a non-profit basis,
and the institution requires the housing accommodation for
its charitable or educational purposes.
In addition, there are other grounds for refusing to continue a
hotel tenancy. Such grounds require approval of the DHCR. A
permanent tenant must be served with a copy of the owner's
application and has a right to object. These grounds include:
a) where the owner seeks in good faith to recover possession of
the housing accommodations for the purpose of demolishing
them and constructing a new building, or for the purpose of
substantial demolition of the interior of the building or in
order to make major alterations and perform substantial
rehabilitation of the building.
b) where the owner requires the housing accommodations or the
land for his or her own use in connection with a business
which he or she owns and operates, or
c) where substantial violations constituting conditions
detrimental to life or health have been filed against the
building, and the cost of removing such violations would
equal or exceed the value of the building.
If the owner's application is granted, the owner may bring an
action or proceeding in Civil Court after sending a 30 day notice
to the permanent tenant, provided the permanent tenant's lease,
if any, has already expired.
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[note: the following DHCR info was current at the time of
original issue. Please see below for current information]
APPENDIX
Some agencies which can provide assistance
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR):
The DHCR is a state agency empowered to administer and enforce
the Rent Stabilization Law and the Rent Control Law. Tenants
should contact the DHCR Public Information Offices listed below:
GERTZ PLAZA
92-31 Union Hall Street
Jamaica, NY 11433
Tel. (718) 739-6400
LOWER MANHATTAN (South side of 110th Street and below)
2 Lafayette Street, 12th Floor
New York, NY 10007
Tel. (212) 566-7970
UPPER MANHATTAN (North side of 110th Street and above)
215 West 125th Street, 5th Floor
New York, NY 10027
Tel. (212) 678-2201
BRONX
One Fordham Plaza
Bronx, NY 10458
Tel. (212) 519-5681
BROOKLYN
91 Lawrence Street, 2nd Floor
Brooklyn, NY 11201
Tel. (718) 643-7570
STATEN ISLAND
350 St. Mark's Place, Ground Floor
Staten Island, NY 10301
Tel. (718) 816-0277
ATTORNEY GENERAL OF THE STATE OF NEW YORK:
120 Broadway, New York, NY 10271
CONSUMER FRAUDS AND PROTECTION BUREAU - (212) 341-2345
- investigates and enjoins illegal or fraudulent business
practices, including the overcharging of rent and
mishandling of rent security deposits by owners.
REAL ESTATE FINANCING BUREAU - (212) 341-2121
- administers and enforces the laws governing cooperative
and condominium conversions. Investigates complaints
from tenants in buildings undergoing cooperative or
condominium conversion concerning allegations of
improper disclosure, harassment and misleading
information.
NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
(HPD):
OFFICE OF RENT AND HOUSING MAINTENANCE
100 Gold Street, Room 8170, New York, NY 10038
(212) 566-3918
- provides owners with assistance on housing
matters.
- provides tenants considering court action to
enforce housing maintenance standards with
assistance at 125 Church Street, 3rd Floor, New
York, NY 10007 (212) 566-6222
SENIOR CITIZEN RENT INCREASE EXEMPTION PROGRAM (SCRIE)
17 John Street, 4th Floor, New York, NY 10007
(212) 566-5413 or 5414
- administers SCRIE Program
NEW YORK CITY CENTRAL COMPLAINT BUREAU
215 West 125th Street, New York, NY
(212) 824-4328
- receives telephone complaints relating to physical
maintenance, health, safety and sanitation
standards, including emergency heat and hot water
service.
NEW YORK CITY RENT GUIDELINES BOARD (RGB):
51 Chambers Street, Rm. 201, New York, NY 10007 (212) 349-2262
- promulgates annual percentage of rent increases for
rent stabilized hotel dwelling housing accommodations
and provides information on guidelines orders.
OFFICE FOR HOMELESS AND SINGLE ROOM OCCUPANCY HOUSING SERVICES:
52 Chambers Street, 4th Floor, New York, NY 10007 (212) 566-3200
- Responsible for establishing policies and guidelines
with respect to social, health, employment, shelter,
and other services for the homeless, and SRO tenants.
Copies of New York State and New York City rent laws are
available in the business section of some public libraries.
Telephone or write to a public library to determine the exact
library which has such legal material.
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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.
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[note: the following information is current as of February 1995]
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
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
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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