< DHCR Advisory Opinions



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:  87-4  (OCTOBER 1, 1987)

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

Advisory Opinion 87-3 postponed the effective date for
implementation of certain provisions of the Rent Stabilization
Code to October 1, 1987.  Except as is otherwise stated below
regarding Code Section 2522.5(c)(1)  (Lease Rider), the DHCR has
determined that it is necessary to continue to postpone the
implementation of these provisions to October 28, 1987:

1.   a.   SECTION 2527.3 - NOTICE TO ALL 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

     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 as of October 28,
     1987.

     SUBDIVISION (A)(3) - The accelerated MCI procedure. Please
     note that this provision of the Code is presently the
     subject of litigation. The DHCR has been served with a court
     order declaring that this provision cannot be implemented
     unless another public-hearing is held. The DHCR believes
     that the public has already had full opportunity to comment
     on this provision, and is appealing the court's decision.
     Because the outcome of the appeal is uncertain at this time,
     the DHCR has determined that it would be in the best
     interests of both owners and tenants to postpone the
     implementation of the accelerated MCI procedure until the
     appeal has been decided.


3.   SECTION 2522.5 LEASE AGREEMENTS

     SUBDIVISION (C)(1) - The DHCR has promulgated a new Lease
     Rider pursuant to this subdivision. Such Lease Rider will be
     made available by the DHCR to owners commencing in October,
     1987. Owners will be required to attach a copy of the Lease
     Rider to all vacancy and renewal leases which commence on or
     after December 1, 1987. Owners will also be required to
     serve such Lease Rider no later than February 1, 1987, on
     all current tenants who signed vacancy or renewal leases
     which commenced on or after April 1, 1984, but prior to
     December 1, 1987.

     Promulgation by the DHCR of a Spanish language version of
     the revised Lease Rider is further postponed to October 28,
     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 further postponed to October
     28, 1987.


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

     SUBDIVISION (A) - The required use of the new lease renewal
     notice form to be prescribed by the DHCR is further
     postponed to October 28, 1987.


Date: October 1, 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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