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 92-1
PENALTIES FOR FAILURE TO PAY BILLED
ADMINISTRATIVE FEES FOR NEW YORK CITY
RENT STABILIZED ACCOMMODATIONS OR FOR
APARTMENTS COVERED BY THE EMERGENCY
TENANT PROTECTION ACT
This Policy Statement is being issued to establish DHCR's
policies with respect to enforcement of the legally mandated
penalties for failure to pay the administrative fees billed by
New York City or the municipalities which have adopted the
Emergency Tenant Protection Act (ETPA).
Section 26-517.1 of the Rent Stabilization Law and Section 8 of
the Emergency Tenant Protection Act provide for the imposition of
a fee on owners of housing accommodations subject to the RSL and
ETPA to assist DHCR in defraying the cost of administering such
laws.
Pursuant to DHCR Policy Statement 89-7 (approved June 21, 1989),
the administrative fee is assessed against all regulated
accommodations including accommodations which are temporarily
exempt from rent stabilization. For example, an apartment which
is occupied by the building's owner or by the building's
superintendent, or a stabilized hotel or SRO accommodation which
is occupied by a transient tenant is temporarily exempt from
stabilization but the owner will be billed the administrative fee
for such housing accommodations.
When advised by the municipal agency charged with collecting the
annual administrative fee that an owner has not paid the fee, the
DHCR will send a notice to the owner with a copy of the bill. The
owner must pay the billed fee, together with any additional
charges or interest, to the municipal agency and submit proof of
such payment to the DHCR within 60 days of the date of the notice
or the DHCR shall issue an order subjecting the owner to the
penalties prescribed by law, as described below.
Failure to pay the billed fee will result in a DHCR order fixing
the rent for the subject housing accommodation at the level
registered with the DHCR as of the April 1st before the due date
of the original administrative fee billing. The owner will be
precluded from collecting any rent in excess of such level from
the first rent payment date following the due date stated in the
original administrative fee billing. If the owner has collected
a rent in excess of the frozen rent, the owner shall be liable to
the tenant for a penalty equal to three times the amount of such
overcharge. In addition, until the fee is paid, the owner is
barred from applying for or collecting any further rent
increases.
The rent as established above shall remain in effect until the
owner has paid the delinquent amount to the municipal agency
charged with collecting the administrative fee. Upon submission
of proof of payment (the canceled check in the precise amount of
the bill issued by the municipal agency and made payable to such
agency) to DHCR, the DHCR will issue a notice lifting the
penalty.
DATED: January 23, 1992
Joseph A. D'Agosta
Acting 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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