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:  88-2  (OCTOBER 13, 1988)

This Advisory Opinion is issued pursuant to sections 2522.5(c)(1)
and 2527.11 of the Rent Stabilization Code ("Code").

Pursuant to Advisory Opinion 87-5 issued on October 1, 1987, the
New York State Division of Housing and Community Renewal ("DHCR")
promulgated the new Rent Stabilization Lease Rider ("Rider").
Section 2522.5(c)(1) of the Code requires that the Rider also be
available in Spanish.

Commencing November 1988, the DHCR will make the Spanish language
version of the Rider available to owners, who must deliver a copy
upon request to each rent stabilized tenant to whom the owner is
required to furnish a copy of the Rider.

On and after January 1, 1989, the following penalties may be
imposed where an owner fails to comply with a request for the
Spanish language version of the Rider:

A.   If an owner does not respond to the tenant's request, the
     tenant may file form RA-90 ("Tenant's Complaint Of Owner's
     Failure To Renew Lease And/Or Failure To Furnish A Copy Of A
     Signed Lease").

B.   Upon complaint by a tenant, the DHCR will order the owner to
     serve the Spanish language version of the Rider by certified
     mail.  Non-compliance by the owner within 20 days of such
     order will result in the denial of any rent increases
     commencing on or after January 1, 1989, resulting from a
     guidelines lease adjustment, a Hardship, or a Major Capital
     Improvement, until the Spanish language Rider is served.
     The service of the Spanish language Rider will result in the
     prospective elimination of such penalty. In addition, an,
     owner who fails to serve a tenant with the Spanish language
     Rider after being ordered to do so by the DHCR may be
     subject to monetary penalties.

For general informational purposes, a copy of DHCR Advisory
Opinion 87-5 is included with this Advisory Opinion.  Owners who
are required to serve the Spanish language version of the Rider
pursuant to a vacancy lease are particularly advised to consult
the "FOR VACANCY LEASES ONLY" section of Advisory Opinion 87-5,
which contains instructions for the completion of this section of
the Rider.

The Spanish language version of the Rider will be available at
DHCR's Public Information Offices commencing in November 1988,
and will also be available at legal stationery stores.


October 13, 1988

ELLIOT G. SANDER
Deputy Commissioner

DENNIS B. HASHER
Deputy Commissioner and General Counsel

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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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