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:  89-1  (FEBRUARY 3, 1989)

This Advisory Opinion is issued pursuant to sections 2522.5(c)(2)
and 2527.11 of the Rent Stabilization Code ("Code").

Section 2522.5(c)(2) of the Code requires every owner of rent
stabilized hotel housing accommodations to furnish a Notice Of
Rights And Duties of Hotel Owners And Tenants promulgated by the
DHCR: (1) to each person registering at the time of registration;
and (2) to each hotel occupant in residence on May 1, 1987, the
effective date of the Code.  This section of the Code also
requires that the Notice shall be available in Spanish.  The
Spanish version of the Hotel Notice of Rights is available
commencing February 1989 at the Borough Rent Offices and the
Central Public Information Unit at Gertz Plaza.

In addition to making the English version of the Notice
available, commencing April 1, 1989, hotel owners shall also be
required to furnish a copy of the Spanish version of the Notice
upon request when a hotel occupant registers or at any time
thereafter.  In addition, the Spanish version of the Notice must
be furnished no later than May 1, 1989 to all persons in
occupancy who moved in prior to April 1, 1989.

Any hotel occupant or permanent tenant who is not furnished with
a copy of the Spanish version of the Notice in accordance with
this Advisory Opinion may file a complaint with the DHCR, in
which case the DHCR shall order the owner to furnish the Notice.
An owner who fails to comply with the Order within 20 days will
not be entitled to collect any guidelines adjustment otherwise
authorized, and may also be subject to monetary penalties until
compliance with the Order.  Compliance with the Order will result
in the prospective elimination of such penalties.


February 3, 1989

ELLIOT G. SANDER
Deputy Commissioner

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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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