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