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
New York City Rent Stabilization Code
New York City Rent and Eviction Regulations
< OPERATIONAL BULLETIN NO. 86-1 (JANUARY 14, 1986) >
SUMMARY OF GUIDELINE RATES OF MAXIMUM RENT INCREASES FILED BY
COUNTY AND NEW YORK CITY RENT GUIDELINES BOARDS FOR LEASES
COMMENCING BETWEEN OCTOBER 1, 1985 AND SEPTEMBER 30, 1986
Rockland Nassau Westchester New York
County County County City
One-Year Lease 4.5% 4.5% 6% 4.0%
Two-Year Lease 7.0% 6.5% 10% 6.5%
The guidelines shall be applied to the base rent without tax or
cost escalating factors, unless stated otherwise in the specific
All counties outside New York City require that owners file
operating expense statements for eligibility to collect any
guideline rent increases.
When a vacancy occurs, the owner shall be allowed to increase the
rent level for that housing accommodation to the highest legal
regulated rent as of October 1, 1985, of a housing accommodation
in the same building or complex having the same number of rooms
or by a factor of 5% whichever is lower.
This base rent is then established for housing accommodations in
this building or complex having the same number of rooms for the
balance of the guideline year.
The allowable guideline rent increase shall be added to this base
rent provided further that the owner shall fully recite in the
lease the designation and location of the housing accommodation
having the same number of rooms and the highest legal regulated
Where a vacant apartment is rented to a new tenant, 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 term of the lease selected by the tenant.
This additional guideline may still be taken if the landlord has
filed or files an application with the State Division of Housing
and Community Renewal (DHCR) or otherwise obtains a rent
adjustment based upon the installation of new equipment to
replace existing equipment.
In order for the vacancy allowance to be collectible. the owner
must file a certification with DHCR affirming that at least one
month's prior rent has been spent preparing the apartment for the
incoming tenant. The affirmation part of the certification should
conform substantially to the certification used on the owner
survey schedule filed with the DHCR; and a copy of this
certification must be attached to the incoming tenant's lease.
In general, all expenses associated with the rental to a new
tenant may be included in the cost of preparing the apartment.
Thus, the cost of painting, cleaning, replacing and refinishing
wood floors, Venetian blinds, kitchen floors and bathroom tiles,
window washing, and exterminating are includable. Other non-
includable expenses are lease preparation, rental expense, rental
agent, advertising, and any labor of the owner's own employees
performed as part of their regular job. Loss of rent, however, is
not an includable expense unless the owner can demonstrate that
the prior tenant did not vacate in time for the owner to prepare
the apartment before the expiration of the lease or tenancy; and
that the new tenant's rent was proportionately reduced based on
the days lost due to preparation of the apartment.
Only one permanent vacancy allowance may be charged for an
apartment in the twelve (12) month guidelines period. A temporary
vacancy allowance of one ( 1) month's prior legal regulated rent
may be surcharged a subsequent vacancy tenant notwithstanding
that a permanent vacancy allowance was collected within the 12
months guidelines period but only when a new certification of
expenditures is filed with the DHCR, and a copy is attached to
the incoming tenant's lease. This temporary vacancy allowance
shall not be collectible during the term of the lease and shall
not become part of the legal regulated rent for purposes of
computing subsequent rent increases.
Where the legal regulated rent includes electric and gas service,
the owner may charge an additional 2% guideline rate, which shall
not become part of the legal regulated rent. This rate is only
applicable to accommodations in solely residential buildings.
Where the tenants pays for heat, the guideline authorized shall
be reduced by 1% for one year leases and 1.5% for two year
No additional guideline rent increases when renting a vacant
apartment to a new tenant.
NEW YORK CITY (RENT GUIDELINES BOARD ORDER NUMBER 17)
The following is a summary of orders established by the New York
City Rent Guidelines Board of leases commencing between October
l, 1985 and September 30, 1986.
These guidelines are also applicable to buildings receiving
partial tax exemption pursuant to Sections 421 and 423 of
the Real Property Tax Law.
For the purposes of these guidelines, any lease or tenancy
for a period of less than one year shall be deemed a one
year lease or tenancy; any lease or tenancy for a period in
excess of one year and up to and including two years. shall
be deemed a two year lease or tenancy.
A) For Renewal Leases
1. One-year lease .... 4.0% over 9/30/85 lawful rents.
2. Two-year lease .... 6.5% over 9/30/85 lawful rents.
B) For Vacancy Leases
The same adjustments as for renewal leases (A. above) plus 7
1/2%, except no vacancy allowance is permitted:
1) where there was a new tenancy during the 10/1/84 -
9/30/85 guidelines year (Guidelines 16), unless no
vacancy allowance was permitted pursuant to
Guidelines 16; or
2) in a building of over 50 units in which 10% or
more of the units were vacant for the 60 days
preceding the commencement of the lease.
No more than one vacancy lease allowance may be collected
during the term of this guidelines order (October 1, 1985 to
September 30, 1986).
C) Supplementary Adjustment
For a lease for a housing accommodation with a lawful
monthly rent of less than $300.00 on 9/30/85, the levels of
rent increase shall be the same as for a renewal or vacancy
lease (as in 1A and B above) plus $15.00 per month, provided
that the resulting monthly rental does not exceed:
1) for a renewal lease or a vacancy lease where the
7.5% allowance does not apply
for a one-year lease $312.00
for a two-year lease $319.50
2) for a vacancy lease where the 7.5% vacancy
for a one-year lease $334.59
for a two-year lease $342.00
D) Electrical Inclusion Adjustment
For the lease of a housing accommodation in which the rent
includes electrical service, no additional increase shall he
E) Article 7-C of the Multiple Dwelling Law
For renewal and vacancy lease, the rate of rent increase
above the base rent (as defined by Section 286, paragraph 4
of the Multiple Dwelling Law (MDL) shall be the same as
those above (1A and B) for renewal and vacancy leases,
except that for purposes of the provision prohibiting the
7.5% vacancy allowance in buildings of more than 50 units in
which more than 10% of the units were vacant for the 60 days
preceding the commencement of the lease, only residential
units covered by Article 7-C of the MDL or those that have
had a residential certificate of occupancy issued for the
unit shall be counted.
F) Special Guideline (Fair Market Rent)
For housing accommodations subject to the Rent and
Rehabilitation Law on 9/30185, which subsequently become
vacant, and where the tenant has filed a Fair Market Rent
Appeal, the special guideline's criterion is 20% above the
sum of the 1984-1985 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 33.10-of the Rent and Eviction Regulations for New
York City (9 NYCRR 2202.13), beginning in 1980.
G) Decontrolled Units
The permissible rent for decontrolled units as defined in
Order 3a, which become decontrolled after 9/30/85, shall not
exceed the formula outlined in (F) above.
No fuel cost adjustment is warranted for leases which
commenced during the 10/1/82 - 9/30/83 guideline year
(R.G.B.O. #14), the 10/1/83 - 9/30/84 guideline year
(R.G.B.O. #15), or the 10/1/84 - 9/30/85 guideline year
I) Hotels (Hotel Order #15)
The level of fair rent increases over the lawful rent
actually charged and paid on June 30, 1985 shall be 2% for a
new or renewal tenancy. If no lease is in effect. the
effective date of the increase shall be the later of one
year from the date the tenant commenced occupancy or one
year from the date of the last level of fair rent increase
charged to the tenant. Any resultant retroactive increase
shall be collectible in monthly installments not exceeding
one-half of the monthly increase permitted under the Order
(if the rental period is other than monthly, the retroactive
portion of the increase shall be prorated accordingly). In
no event shall there be more than one guidelines increase
during one guideline period.
The 2% increase is not applicable, however, to units in
buildings of more than 30 units where more than 5% of the
units are vacant for the 60 days preceding the effective
date of Hotel Order Number 15, unless the owner can prove to
the satisfaction of the DHCR that he has attempted in good
faith to rent said units.
2) ESCALATOR CLAUSES
Where a lease which was in effect on 5/31/68 or, for a unit
which became subject to the Rent Stabilization Law of 1969
pursuant to ETPA, which was in effect on 6/30/74, contained
an escalator clause for increased costs of operation and
which is still in effect, the lawful rent on 9/30/85 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. Where a lease contains 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 in Guidelines Order 17 unless such clause is
deleted from the lease commencing during the Guidelines
Order 17 period.
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
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
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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