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


POLICY STATEMENT 89-10

FILING REQUIREMENTS UPON VACANCY OF RENT CONTROLLED APARTMENT

This Policy Statement delineates the procedure which owners are
to follow when the legal status of a rent controlled apartment
changes because of a voluntary vacating by the tenant.

Section 2203.2(a) of the New York City Rent and Eviction
Regulations states that the owner of a housing accommodation
specified in Section 2200.2(f)(11)(12) and (17) of this Title
shall file a report of such decontrol, upon forms prescribed by
the administrator, within 30 days following the date of vacancy
on or after June 30, 1971, or the date of first rental of such
accommodations after decontrol (whichever date shall be
prescribed in such form) or June 1, 1962, whichever date is
later, unless a decontrol report was heretofore filed as by the
State Rent Commission.

Pursuant to Section 2203.2(a) of the Rent and Eviction
Regulations, owners are required to file form RA42V-NYC (3/85)
(Owner Report of Vacancy) upon the vacancy of a rent controlled
tenant. In a building which also has units subject to rent
stabilization, under the requirements of the Rent Stabilization
Law, owners must also file the following forms in accordance with
the instructions contained therein:

     A)  RR-l 6/87 (Initial Apartment Registration)
     B)  RR-2 6/87 (Initial Apartment Registration Summary)

within ninety days of the initial occupancy by a new tenant.

When the legal status of a rent controlled apartment in a
building which is not subject to the Rent Stabilization Law
changes, the RA42V is the only form required to be filed. The
Rent and Eviction Regulations do not contain any penalty for a
failure to file the RA42V form and the failure to file the form
does not affect the legal status of the apartment.


September 20,1989

Elliot G. Sander
Deputy Commissioner


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DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.

The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. 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 Advisory Opinions,
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 Policy
Statements 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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