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.


ROCKLAND COUNTY

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.


NASSAU COUNTY

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.


WESTCHESTER COUNTY

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.

1)   ADJUSTMENTS

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
     permitted;

     $272.50 per month for a two-year renewal lease; or for a
     vacancy lease where no additional vacancy allowance is
     permitted;

     $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
     1980.

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.

h)   Fuel

     No fuel cost adjustment for leases commencing on or after
     10/1/83 to 9/30/84 are warranted at this time.

i)   Hotels

     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.

3)   STABILIZER

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.

4)   CREDITS

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
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.
------------------------------------------------------------

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
------------------------------------------------------------


External links are for convenience and informational purposes, and in some cases, might be sponsored
content. TenantNet does not necessarily endorse or approve of any content on any external site.

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name