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 (90-7)

PROCESSING OF 62-B COMPLAINTS

Under Section 62B of the Code of the Rent Stabilization
Association of New York City, Inc., owners of rent stabilized
apartments were required to file a written certification form,
within sixty days after entering into a vacancy lease, that they
were "maintaining and will continue to maintain all services
furnished or required to be furnished for such dwelling units"
(Section 62B).  Section 62C of the Code delineated the penalty
for an owner's failure to file the certification, "the owner
shall not be entitled to collect the guidelines lease adjustment
currently authorized for the current lease or rental agreement
until the first day of the month next succeeding the date of
filing".  The Rent Stabilization Code for Rent Stabilized
Apartments in New York City, which became effective on May 1,
1987, contains substantially similar language in Sections 2523.2
and 2523.3.

In conjunction with the changeover from the Conciliation and
Appeals Board to Administration by DHCR , owners were required to
register the building's rent and services on April 1, 1984.
Owners were informed verbally and by Fact Sheets that "where the
owner had filed a Form RR-2 for the initial registration of an
apartment on and after April 1, 1984 the owner does not have to
submit a 62B Form".  In addition, the new Code stated that the
annual registration and affirmation of services is sufficient
even if a subsequent vacancy occurs.

Under Section 2522.7, DHCR is required to consider the equities
before issuing any order adjusting or establishing any legal
regulated rent.  Under the provisions of the Code, the penalty
for failing to certify maintenance of services is the same as the
penalty for actually not providing services.  If an owner has
registered a building properly since 1984, the tenants of the
building have had the opportunity to file an objection to the
registration statement and the services therein listed.  In
addition, if an owner is not providing a service, the tenant or
tenants may apply for a rent reduction based on this failure.

If a tenant filed a complaint that the owner had not complied
with Section 62B prior to 1984, it would be impossible for the
owner to cure the deficiency, because they were informed to file
an RR-2 instead after 1984.  In addition, since many of the
complaints and 62-B filings were undocketed, owners could
properly dispose of 62-B records.  Therefore, since the new Code
ended the requirement to file a separate certification of
services upon vacancy, any 62B complaint filed against an owner
of a building for which an Initial Registration Summary form (RR-
2) and subsequent Annual Apartment Registration forms (RR-1A)
have been filed will be dismissed.

DHCR will compare tenant complaints of failure to comply with 62-
B with its registration records.  If there has been no initial or
annual registrations filed, or if the owner has failed to file
every year, then a Notice of Failure to Register will be sent to
the owner.  The owner will then have twenty (20) days to submit
proof of registration, register or provide a valid basis for
exemption from the filing requirement.  If the owner fails to
file or files a late initial and/or annual registration(s) for
the building, the rent will be frozen for the period of non-
registration and treble damages imposed for all tenants in the
building until the date of registration.

If the owner does not file an initial registration and was
required to register, then DHCR will determine whether a 62-B
certification had been filed.  If the certification was filed,
then the rent will be rolled back to the April l, 1984 level and
treble damages imposed for all tenants in the building.  If a 62-
B certification was not filed, then the rent will be rolled back
to the date of the tenant's complaint (or April 1, 1984,
whichever date is earlier) for the complaining tenant and treble
damages imposed for overcharges after April 1, 1984 for all
tenants in the building.


March 9, 1990

Elliot G. Sander
Deputy Commissioner

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

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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