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:  87-3  (JULY 31, 1987)

This Advisory Opinion is issued pursuant to Sections 2520.7 and
2527.11 of the Rent Stabilization Code.

Advisory Opinion 87-1 postponed the effective date for
implementation of certain provisions of the Rent Stabilization
Code to August 1, 1987. Except as otherwise set forth below, the
DHCR has determined that it is necessary to continue to postpone
the implementation of these provisions to October 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 PAR

          Subdivision (b) - which provides that the DHCR shall
          serve a copy of a PAR upon the adverse party.

The continued postponement of these sections applies only to
PAR'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 which establish new processing
     standards and requirements.

     SUBDIVISIONS (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 October 1,
     1987.

     SUBDIVISION (A)(3) - The accelerated MCI procedure.

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

     However, implementation of the following provision of
     Section 2522.4, as postponed by Advisory Opinion 87-1 to
     August 1, 1987, shall become effective on August 1, 1987:

     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.


3.   SECTION 2522.5 - LEASE AGREEMENTS

     SUBDIVISION (C)(1) - The promulgation by the DHCR of a Lease
     Rider pursuant to this subdivision is postponed to September
     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 furnishing 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 September 1, 1987.

     Promulgation by the DHCR of a Spanish language version of
     the revised Rider is postponed to October 1, 1987.

     SUBDIVISION (C)(2) - The promulgation by the DHCR of a
     Spanish language version of the Notice Of Rights And Duties
     Of Hotel Owners And Tenants is postponed to October 1, 1987.

     Advisory Opinion 87-2 postponed to July 1, 1987, the
     imposition of penalties for failure to serve the English
     version of the Notice. However, the DHCR has informed owners
     that the imposition of penalties for failure to serve the
     Notice upon registration will not commence until August 1,
     1987. In addition, owners will be permitted to furnish the
     Notice no later than October 30, 1987 to all occupants who
     move in prior to August 1, 1987.

4    SECTION 2523.5 - NOTICE FOR RENEWAL OF LEASE AND RENEWAL
     PROCEDURE

     SUBDIVISION (A) - As set forth in Advisory Opinion 87-1, the
     required use of the new lease renewal notice form to be
     prescribed by the DHCR has been postponed to October 1,
     1987.


Dated:  July 31, 1987

MANUEL MIRABAL
Deputy Commissioner
for Rent Administration

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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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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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