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
Mario M. Cuomo, Governor
Donald M. Halperin, Commissioner
Joseph A. D'Agosta, Deputy Commissioner for Rent Administration
OPERATIONAL BULLETIN NO. 84-2 (OCTOBER 1, 1984)
EMERGENCY TENANT PROTECTION ACT
Summary of Guidelines Rates of Maximum Rent Increases approved
and filed by the New York City and the County Rent Guidelines
Boards for leases commencing between October 1, 1984 and
September 30, 1985.
Rockland Nassau Westchester New York
County County County County
One-Year Lease 3% 6% 0% 6%
Two-Year Lease 6% 8% 3% 9%
The guidelines shall be applied to the base rent without tax or
cost escalating factors.
All counties outside New York City require the owners to file
operating expense statements before they are eligible to collect
any guideline rent increases.
When a vacancy occurs, the owner shall be allowed to increase the
rent level for that apartment to the highest rent level as of
October 1, 1984, for an apartment having the same number of rooms
within the same building or complex, or by a factor of 5%,
whichever is lower.
This base rent is then established for apartments in this
building or complex have the same number of rooms for the balance
of the guideline year.
Upon this base rent the allowable guideline rent increase shall
be added, provided that the owner shall further fully recite in
the lease the designation and location of the apartment having
the same number of rooms and the highest rent level.
Where a vacant apartment is rented to a new tenant not then
residing in the building or complex, an additional guideline, not
to exceed one month's prior legal regulated rent may be charged,
to be paid by the tenant in equal monthly installments over the
(Revision 12/18/84) term of the lease selected by the tenant.
This additional guideline may still be taken if the owner has
filed or files an application with the State Division of Housing
and Community Renewal for a rent adjustment based on the
installation of new equipment to replace existing shipment.
Where the legal regulated rent includes electric and gas service,
an additional 2% may he charged, which shall not become part of
the legal regulated rent. This rent shall only be applicable to
accommodations contained in solely residential buildings.
Where the tenant pays for heat, the guideline authorized shall be
reduced by 1.5% for one-year leases, and 2% for two-year leases.
No additional guideline rent increase when renting a vacant
apartment to a new tenant.
NEW YORK CITY
The following is a summary of orders established by the New York
City Rent Guidelines Board for leases commencing between October
1, 1984 and September 30, 1985.
a) For Renewal Leases
One-year lease 6%
Two-year lease 9%
These guidelines also apply to dwelling units with partial
tax exemption under Sections 421 and 423 of the Real
Property Law as a Redevelopment Project.
Any lease less than one year shall be deemed a one-year
lease. Any lease over one year and up to and including two
years, shall be deemed a two-year lease.
b) For Vacancy Leases
Vacancy leases shall be further increased by 7 1/2%,
providing there has been no new tenant during the 10/01/83 -
9/30/84 guideline year or where there had previously been a
new tenancy 10/1/83 or after and the applicable vacancy
allowance under Rent Guidelines Board Order No. 15 was zero.
No more than one vacancy lease allowance for leases
commencing during this period is permitted.
c) Supplementary Charge
For a vacancy or renewal lease for a unit with a lawful rent
of less than $250.00 per month on 9/30/84, the levels of
rent increase shall be the same as for a renewal lease (as
in 1A. above) plus an additional charge of $10.00 provided
however, that the resulting rent does not exceed:
$265.00 per month for a one-year renewal lease; or for a
vacancy lease where no additional vacancy allowance is
$272.50 per month for a two-year renewal lease; or for a
vacancy lease where no additional vacancy allowance is
$283.75 per month for a one-year vacancy lease;
$291.25 per month for a two-year vacancy lease;
d) Electrical Inclusion
For the lease of a dwelling unit in which the rent includes
electrical service, no additional increase shall he allowed
e) Article 7-C of the Multiple Dwelling Law
For units where renewal leases are offered pursuant to
Section 286, paragraph 3 of the Multiple Dwelling Law (MDL),
the rate of rent increase above the base rent (as defined by
Section 286 paragraph 4 of the MDL) shall be the same as
those above for renewal leases, except that there will be no
supplement adjustment of up to $10.00 per month for
apartments with a rent of less than $250.00 per month. This
also applies to vacancy leases.
f) Special Guideline (Fair Market Rent)
For dwelling units subject to the Rent and Rehabilitation
Law on 9/30/84, which subsequently become vacant, the Fair
Market Rent shall be 15% above the 1984/85 maximum base
rent, as it existed or would have existed, plus the current
allowable fuel adjustments as established on Rent Control
forms pursuant to Section 2202.13 (33.10) of the Rent and
Eviction Regulations for the City of New York, effective
g) Decontrolled Units
The permissible rent increase for decontrolled units as
defined in Order 3a, which become decontrolled after
9/30/84, shall not exceed the formula outlined in (F) above.
No fuel cost adjustment for leases commencing on or after
10/1/83 to 9/30/84 are warranted at this time.
The level of fair rent increases over lawful rent actually
charged and paid on 6/30/84 shall be zero (0) per cent
2) ESCALATOR CLAUSES
Where a lease which was in effect on 5/31/68, or in effect on
6/30/74 for a unit which became subject to the Rent Stabilization
Law of 1969 pursuant to ETPA contained an escalator clause for
increased costs of operation and which is still in effect, the
lawful rental on 9/30/84 shall include the increased rental, if
any, due under such clause, except those charges which accrued
within one year of the commencement of the renewal lease.
Moreover, where a lease contained an escalator clause that the
owner may validly renew under the Code, the increased rental, if
any, due under such escalator clause shall be offset against the
amount of increase authorized under this Order.
The 1/2 "stabilizer" charged in leases pursuant to previous
orders shall remain in effect until the expiration of such lease
and shall be included in the base rent for the purpose of
computing subsequent rents.
Rentals paid in excess of the rent increases established in these
orders shall be fully credited against the next month's rent.
DHCR Operational Bulletins are issued by the New York State
Division of Housing and Community Renewal (DHCR) and update
agency administration 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 Advisory Opinions, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.
Every attempt has been made to conform to the original Operational
Bulletins 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
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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
One Fordham Plaza
Bronx, NY 10458
250 Schermerhorn St.
Brooklyn, NY 11201
156 William Street
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
163 W. 125th St.
NY, NY 10027
North side of 110th St. and above
350 St. Mark's Place
Staten island, NY 10301
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203