DHCR Advisory Opinions

NYS Division of Housing and Community Renewal

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 which it administers. DHCR Advisory Opinions are available as online text and also in downloadable Adobe Acrobat PDF format.

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 and that various sections of the rent laws have changed since these Advisory Opinions were originally issued. 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.

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DHCR Advisory Opinions

Advisory Opinion 87-1 -- text
Advisory Opinion 87-1 -- Adobe Acrobat PDF format
Postponing the implementation of certain provisions. Exemptions from RSL Jurisdiction; Legal Registered Rent; Registration

Advisory Opinion 87-2 -- text
Advisory Opinion 87-2 -- Adobe Acrobat PDF format
Postponing the implementation of certain provisions; NOTICE OF RIGHTS AND DUTIES OF HOTEL OWNERS AND TENANTS: SUMMARY; HOTEL RIGHTS NOTICE: Introduction

Advisory Opinion 87-3 -- text
Advisory Opinion 87-3 -- Adobe Acrobat PDF formatt
Postponing the implementation of certain provisions

Advisory Opinion 87-4 -- text
Advisory Opinion 87-4 -- Adobe Acrobat PDF format
Postponing the implementation of certain provisions

Advisory Opinion 87-5 -- text
Advisory Opinion 87-5 -- Adobe Acrobat PDF format
Rent Stabilization Lease Rider

Advisory Opinion 88-1 -- text
Advisory Opinion 88-1 -- Adobe Acrobat PDF format
Renewal Lease Form "RTP-8"

Advisory Opinion 88-2 -- text
Advisory Opinion 88-2 -- Adobe Acrobat PDF format
Rent Stabilization Lease Rider (Spanish language version)

Advisory Opinion 89-1 -- text
Advisory Opinion 89-1 -- Adobe Acrobat PDF format
Notice Of Rights And Duties of Hotel Owners And Tenants

Advisory Opinion 89-2 -- text
Advisory Opinion 89-2 -- Adobe Acrobat PDF format
False Statements: Criminal Liability and Civil Penalties

Advisory Opinion 91-1 -- text
Advisory Opinion 91-1 -- Adobe Acrobat PDF format
Multi-Tier Rent Orders

Advisory Opinion 91-2 -- text
Advisory Opinion 91-2 -- Adobe Acrobat PDF format
Rent Registration With The State Division Of Housing And Community Renewal ("DHCR") Upon The Termination Of Regulation Other Than Pursuant To The Rent Laws

Advisory Opinion 92-1 -- text
Advisory Opinion 92-1 -- Adobe Acrobat PDF format
Amendments, Supplements, Extensions And Refiling Of Par's

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