Proposed 1999 RGB Rent Increases
PUBLIC NOTICE
PLEASE TAKE NOTICE THAT SCHEDULES AND PROCEDURES RELATING to meetings and hearings of the New York City Rent Guidelines Board for consideration of the guidelines for rent adjustments for apartment, loft and hotel dwelling units subject to the Rent Stabilization Law of 1969, as amended, have been formulated. In accordance with Chapter 45 of the New York City Charter (the "City Administrative Procedure Act"), the Board will adopt proposed rent guidelines to be followed by a notice and comment period, public hearings and the promulgation of final rent orders. The proposed rent guidelines will be published in accordance with the City Administrative Procedure Act and the public will have a minimum of 30 days to review and consider the proposals prior to the public hearings described below. Following the hearings and the receipt of public comments on the proposed rent guidelines, the Board will meet on June 24, 1999 at 5:00 P.M. at the "Great Hall" at Cooper Union, 7 East 7th Street, at 3rd Avenue (basement) New York, New York 10003 to adopt final rent guidelines. Apartment vacancy and renewal leases and loft increase periods during the period of October 1, 1999 through September 30, 2000 and rent stabilized hotel units will be affected.
Schedule of RGB 1999 Meetings and Public Hearings
NOTE: The Rent Guidelines Board reserves the right to cancel or reschedule public meetings.
In relation to the public hearings, registration of speakers is required. Pre-registration of speakers is now being accepted and is advised. Those who wish to pre-register may call (212) 385-2934 until 1:00 P.M. on Monday, June 21st, 1999. An exact time for speaking cannot be provided, but those pre-registering will be informed of their number on the list of pre-registered speakers when they call the above listed phone number. Written requests for pre-registration must be received at the office of the Board at 51 Chambers Street, Room 202, New York, N.Y., 10007, before 1:00 P.M. on Monday, June 21st, 1999.
Pre-registered speakers who have confirmed their presence on the day of the hearing will be heard in the order of pre-registration and before those who have not pre-registered. If a speaker's pre-registered position has been passed before he or she has confirmed his or her pre-registration, his or her position is forfeited and he or she must re-register. There will be no substitutions of one speaker's position for another. Those who have not pre-registered can register at the hearing location from 10:30 AM until 7:00 PM on June 22nd, 1999, and will be heard in the order of their registration. Public officials will be given priority over other speakers. The hearings will conclude when all speakers who are present have been heard.
The public is invited to observe all Public Meetings and Public Hearings but is invited to speak at only the Public Hearings.
SCHEDULE FOR WRITTEN SUBMISSION OF INFORMATION AND COMMENTS BY THE PUBLIC
Written comments on the proposed rent guidelines, established on May 13, 1999, must be submitted to the offices of the RGB at 51 Chambers Street, Suite 202, New York, N.Y. 10007 by no later than Monday, June 21st, 1999, at 4:00 PM. In the alternative, written comments may be submitted directly to the RGB Staff at the Hearing on Tuesday June 22nd 1999, by no later than 9:00 PM.
INSPECTION AND ACCESS TO MATERIAL
Written material submitted to the Board may be inspected by appointment between the hours of 10 a.m. and 4 p.m. on weekdays at the Board's office, and written orders may be placed for copies of written materials and submissions at a cost of 25 cents per page, plus any postage, which shall be paid in cash or check payable to the Rent Guidelines Board. Appointments for the inspection of such materials may be made by phoning (212) 385-2934.
In addition, copies of the existing guidelines and the Board's Explanatory Statements from prior years are also available and copies may be obtained in the manner provided above.
Dated: May 20, 1999
EDWARD HOCHMAN, Chairman,
New York City Rent Guidelines Board
NEW YORK CITY RENT GUIDELINES BOARDNOTICE OF OPPORTUNITY TO COMMENT – PROPOSED APARTMENT ORDER #31
Notice of Opportunity to Comment on Proposed Rent Guidelines Governing Rent Levels in the following accommodations subject to the Rent Stabilization Law of 1969, as amended: Apartments and Lofts.
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE NEW YORK CITY RENT GUIDELINES BOARD BY THE RENT STABILIZATION LAW OF 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended, implemented by Resolution No 276 of 1974 of the New York City Council and extended by the Rent Regulation Reform Act of 1997, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Rent Guidelines Board (RGB) hereby adopts the following levels of fair rent increases over lawful rents charged and paid on September 30, 1999. These rent adjustments will apply to rent stabilized apartments with leases commencing on or after October 1, 1999 and through September 30, 2000. Rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law are also included in this order.
PUBLIC HEARINGS
Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a hearing on the proposed guidelines set forth below shall be held on Tuesday, June 22, 1999, from 2:00 PM to 5:30 PM and from 7:30 PM to 9:30 PM at the "Great Hall" at Cooper Union, 7 East 7th Street, at 3rd Ave (basement) New York, NY 10003. Persons who request that a sign language interpreter or other form of reasonable accommodation for a disability be provided at the hearing are requested to notify Ms. Cecille Latty at the Rent Guidelines Board, (212) 385-2934, 51 Chambers Street, Room 202, New York, NY, 10007 by June 8th, 1999 at 4:30 PM.
Registration of speakers is required. Pre-registration of speakers is now being accepted and is advised. Those who wish to pre-register may call 212-385-2934 until 1:00 PM on Monday, June 21st, 1999. An exact time for speaking cannot be provided, but those pre-registering will be informed of their number on the list of pre-registered speakers when they call the above listed phone number. Written requests for pre-registration must be received at the office of the Board at 51 Chambers Street, Room 202, New York, N.Y. 10007, before 1:00 PM on Monday, June 21st, 1999.
Pre-registered speakers who have confirmed their presence on the day of the hearing will be heard in the order of pre-registration and before those who have not pre-registered. If a speaker's pre-registered position has been passed before he or she has confirmed his or her pre-registration, his or her position is forfeited and he or she must re-register. There will be no substitutions of one speaker's position for another. Those who have not pre-registered can register at the hearing location from 10:30 AM until 7:00 PM on June 22nd, 1999 and will be heard in the order of their registration. Public officials will be given priority over other speakers. The hearings will conclude when all speakers who are present have been heard.
SCHEDULE FOR WRITTEN SUBMISSION OF INFORMATION AND COMMENTS BY THE PUBLIC
Written comments on the proposed rent guidelines, established on May 13, 1999, must be submitted to the offices of the RGB at 51 Chambers Street, Suite 202, New York, N.Y. 10007 by no later than Monday, June 21st, 1999, at 4:00 PM. In the alternative, written comments may be submitted directly to the RGB Staff at the Hearing on Tuesday June 22nd 1999, by no later than 9:00 PM.
INSPECTION AND ACCESS TO THE MATERIAL
Written material submitted to the RGB may be inspected by members of the public by appointment between the hours of 10:00 AM and 4:00 PM on weekdays at the RGB offices. Copies of written materials submitted to the RGB may be ordered, in writing, at a cost of $.25 per page, plus postage, which shall be paid in cash. In addition, copies of the existing guidelines and the RGB's Explanatory Statements from prior years are also available for inspection and copies may be obtained in the manner provided above.
PROPOSED RENEWAL ADJUSTMENTS FOR APARTMENTS
Together with such further adjustments as may be authorized by law, the annual adjustment for renewal leases for apartments shall be:
--For a one-year renewal lease commencing on or after October 1, 1999 and on or before September 30, 2000: 2%
--For a two-year renewal lease commencing on or after October 1, 1999 and on or before September 30, 2000: 4%
These two adjustments shall also apply to dwelling units in a structure subject to the partial tax exemption program under Section 421a of the Real Property Tax Law, or in a structure subject to Section 423 of the Real Property Tax Law as a Redevelopment Project.
PROPOSED VACANCY ALLOWANCE FOR APARTMENTS
No vacancy allowance is permitted except as provided by sections 19 and 20 of the Rent Regulation Reform Act of 1997.
SUPPLEMENTAL ADJUSTMENT OF UP TO $15 PER MONTH FOR RENEWAL LEASES FOR APARTMENTS RENTING FOR LESS THAN $450 ON SEPTEMBER 30, 1999
For a renewal lease on a dwelling unit with a lawful rent of less than $450 per month on September 30, 1999 the levels of rent increase for renewal leases commencing October 1, 1999 through September 30, 2000 are the same as those set forth hereinabove plus a $15 per month supplementary adjustment.
ADDITIONAL ADJUSTMENT FOR RENT STABILIZED APARTMENTS SUBLET UNDER SECTION 2525.6 OF THE RENT STABILIZATION CODE
In the event of a sublease governed by subdivision (e) of section 2525.6 of the Rent Stabilization Code, the allowance authorized by such subdivision shall be 5%, provided, however, that this charge shall not be in addition to other sublet adjustments that may otherwise be allowed by law.
PROPOSED ADJUSTMENTS FOR LOFTS (UNITS IN THE CATEGORY OF BUILDINGS COVERED BY ARTICLE 7-C OF THE MULTIPLE DWELLING LAW)
The Rent Guidelines Board proposes the following levels of rent increase above the "base rent", as defined in Section 286, subdivision 4, of the Multiple Dwelling Law, for units to which these guidelines are applicable in accordance with Article 7-C of the Multiple Dwelling Law:--
--For one-year increase periods commencing on or after October 1, 1999 and on or before September 30, 2000: 1%
--For two-year increase periods commencing on or after October 1, 1999 and on or before September 30, 2000: 2%
VACANT LOFT UNITS
No Vacancy Allowance is permitted under this Order. Therefore, except as otherwise provided in Section 286, subdivision 6, of the Multiple Dwelling Law, the rent charged to any tenant for a vacancy tenancy commencing on or after October 1, 1999 and on or before September 30, 2000 may not exceed the "base rent" referenced above plus the level of adjustment permitted above for increase periods.
FRACTIONAL TERMS
For the purposes of these guidelines any lease or tenancy for a period up to and including one year shall be deemed a one year lease or tenancy, and any lease or tenancy for a period of over one year and up to and including two years shall be deemed a two-year lease or tenancy.
ESCALATOR CLAUSES
Where a lease for a dwelling unit in effect on May 31, 1968 or where a lease in effect on June 30, 1974 for a dwelling unit which became subject to the Rent Stabilization Law of 1969, by virtue of the Emergency Tenant Protection Act of 1974 and Resolution Number 276 of the New York City Council, contained an escalator clause for the increased costs of operation and such clause is still in effect, the lawful rent on September 30, 1999 over which the fair rent under this Order is computed 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. Moreover, where a lease contained an escalator clause that the owner may validly renew under the Code, unless the owner elects or has elected in writing to delete such clause, effective no later than October 1, 1999 from the existing lease and all subsequent leases for such dwelling unit, the increased rental, if any, due under such escalator clause shall be offset against the amount of increase authorized under this Order.
SPECIAL ADJUSTMENTS UNDER PRIOR ORDERS
All rent adjustments lawfully implemented and maintained under previous apartment orders and included in the base rent in effect on September 30, 1999 shall continue to be included in the base rent for the purpose of computing subsequent rents adjusted pursuant to this Order.
SPECIAL GUIDELINE
Under Section 26-513(b)(1) of the New York City Administrative Code, and Section 9(e) of the Emergency Tenant Protection Act of 1974, the Rent Guidelines Board is obligated to promulgate special guidelines to aid the State Division of Housing and Community Renewal in its determination of initial legal regulated rents for housing accommodations previously subject to the City Rent and Rehabilitation Law which are the subject of a tenant application for adjustment. The Rent Guidelines Board hereby adopts the following Special Guidelines:
- For dwelling units subject to the Rent and Rehabilitation Law on September 30, 1999, which become vacant after September 30, 1999, the special guideline shall be 80% above the maximum base rent as it existed or would have existed, plus the allowable fuel cost adjustment, or $650, whichever is greater.
DECONTROLLED UNITS
The permissible increase for decontrolled units as referenced in Order 3a which become decontrolled after September 30, 1999, shall be 80% above the maximum base rent as it existed or would have existed, plus the allowable fuel cost adjustment, or $650, whichever is greater.
CREDITS
Rentals charged and paid in excess of the levels of rent increase established by this Order shall be fully credited against the next month's rent.
STATEMENT OF BASIS AND PURPOSE
The Rent Guidelines Board is authorized to promulgate rent guidelines governing apartment units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).
The Rent Guidelines Board is also authorized to promulgate rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law. The purpose of the loft guidelines is to implement the public policy set forth in the Legislative Findings of Article 7-C of the Multiple Dwelling Law (Section 280).
Dated: May 20, 1999
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Edward S. Hochman, Esq.
Chairman
Rent Guidelines Board
NEW YORK CITY RENT GUIDELINES BOARDNOTICE OF OPPORTUNITY TO COMMENT – PROPOSED HOTEL ORDER # 29
Notice of Opportunity to Comment on Proposed Rent Guidelines Governing Rent Levels in the following accommodations subject to the Rent Stabilization Law of 1969: Hotels, Rooming Houses, Single Room Occupancy Buildings and Lodging Houses.
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE NEW YORK CITY RENT GUIDELINES BOARD BY THE RENT STABILIZATION LAW OF 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended, implemented by Resolution No. 276 of 1974 of the New York City Council and extended by the Rent Regulation Reform Act of 1997, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Rent Guidelines Board hereby adopts the following levels of fair rent increases over lawful rents charged and paid on September 30, 1999.
APPLICABILITY
This proposed order shall apply to units in buildings subject to the Hotel Section of the Rent Stabilization Law (Sections 26-504(c) and 26-506 of the N.Y.C. Administrative Code), as amended, or the Emergency Tenant Protection Act of 1974 (L.1974, c. 576 §4[§5(a)(7)]). With respect to any tenant who has no lease or rental agreement, the level of rent increase established herein shall be effective as of one year from the date of the tenant's commencing occupancy, or as of one year from the date of the last rent adjustment charged to the tenant, or as of October 1, 1999, whichever is later. This anniversary date will also serve as the effective date for all subsequent Rent Guidelines Board Hotel Orders, unless the Board shall specifically provide otherwise in the Order. Where a lease or rental agreement is in effect, this Order shall govern the rent increase applicable on or after October 1, 1999 upon expiration of such lease or rental agreement, but in no event prior to one year from the commencement date of the expiring lease, unless the parties have contracted to be bound by the effective date of this Order.
PUBLIC HEARINGS
Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a hearing on the proposed guidelines set forth below shall be held on Tuesday, June 22, 1999, from 11:00 AM to 1:00 PM and from 6:30 PM to 7:30 PM at the "Great Hall" at Cooper Union, 7 East 7th Street, at 3rd Avenue (basement), New York, NY 10003. Persons who request that a sign language interpreter or other form of reasonable accommodation for a disability be provided at the hearing are requested to notify Ms. Cecille Latty at the Rent Guidelines Board, (212) 385-2934, 51 Chambers Street, Room 202, New York, NY, 10007 by June 8th, 1999 at 4:30 PM.
Registration of speakers is required. Pre-registration of speakers is now being accepted and is advised. Those who wish to pre-register may call 212-385-2934 until 1:00 PM on Monday, June 21st, 1999. An exact time for speaking cannot be provided, but those pre-registering will be informed of their number on the list of pre-registered speakers when they call the above listed phone number. Written requests for pre-registration must be received at the office of the Board at 51 Chambers Street, Room 202, New York, N.Y. 10007, before 1:00 PM on Monday, June 21st, 1999.
Pre-registered speakers who have confirmed their presence on the day of the hearing will be heard in the order of pre-registration and before those who have not pre-registered. If a speaker's pre-registered position has been passed before he or she has confirmed his or her pre-registration, his or her position is forfeited and he or she must re-register. There will be no substitutions of one speaker's position for another. Those who have not pre-registered can register at the hearing location from 10:30 AM until 7:00 PM on June 22nd, 1999 and will be heard in the order of their registration. Public officials will be given priority over other speakers. The hearings will conclude when all speakers who are present have been heard.
SCHEDULE FOR WRITTEN SUBMISSION OF INFORMATION AND COMMENTS BY THE PUBLIC
Written comments on the proposed rent guidelines, established on May 13, 1999, must be submitted to the offices of the RGB at 51 Chambers Street, Suite 202, New York, N.Y. 10007 by no later than Monday, June 21st, 1999, at 4:00 PM. In the alternative, written comments may be submitted directly to the RGB Staff at the Hearing on Tuesday June 22nd 1999, by no later than 9:00 PM.
INSPECTION AND ACCESS TO THE MATERIAL
Written material submitted to the RGB may be inspected by members of the public by appointment between the hours of 10:00 AM and 4:00 PM on weekdays at the RGB offices. Copies of written materials submitted to the RGB may be ordered, in writing, at a cost of $.25 per page, plus postage, which shall be paid in cash. In addition, copies of the existing guidelines and the RGB's Explanatory Statements from prior years are also available for inspection and copies may be obtained in the manner provided above.
PROPOSED RENT GUIDELINES FOR HOTELS, ROOMING HOUSES, SINGLE ROOM OCCUPANCY BUILDINGS AND LODGING HOUSES
Pursuant to its mandate to promulgate rent adjustments for hotel units subject to the Rent Stabilization Law of 1969, as amended, (§26-510(e) of the N.Y.C Administrative Code) the Rent Guidelines Board hereby adopts the following rent adjustments:
The allowable level of rent adjustment over the lawful rent actually charged and paid on September 30, 1999 shall be:
1) Residential Class A (apartment) hotels - 0%
2) Lodging houses - 0%
3) Rooming houses (Class B buildings containing less than 30 units) - 5%
4) Class B hotels - 0%
5) Single Room Occupancy buildings (MDL section 248 SRO's) - 5%
Except that the allowable level of rent adjustment over the lawful rent actually charged and paid on September 30, 1999 shall be 0% if:
1) Ten percent or more of the units have been withheld from the rental market for a period exceeding thirty days, unless the owner can show a reasonable basis for the withholding; or
2) Twenty percent or more of the dwelling units in the building are not registered with the State Division of Housing and Community Renewal pursuant to Section 2528 of the Rent Stabilization Code; or
3) Fifty percent or more of the units have been leased, used, or dedicated to a use other than permanent residential housing at the legal level.
Furthermore, the allowable level of rent adjustment over the lawful rent actually charged and paid on September 30, 1999 shall be 0% on any individual unit if the owner has failed to provide to the new occupant of that unit a copy of the Rights and Duties of Hotel Owners and Tenants, pursuant to Section 2522.5 of the Rent Stabilization Code.
NEW TENANCIES
No "vacancy allowance" is permitted under this order. Therefore, the rents charged for tenancies commencing on or after October 1, 1999 and on or before September 30, 2000 may not exceed the levels over rentals charged on September 30, 1999 permitted under the applicable rent adjustment provided above.
ADDITIONAL CHARGES
It is expressly understood that the rents collectible under the terms of this Order are intended to compensate in full for all services provided without extra charge on the statutory date for the particular hotel dwelling unit or at the commencement of the tenancy if subsequent thereto. No additional charges may be made to a tenant for such services, however such charges may be called or identified.
STATEMENT OF BASIS AND PURPOSE
The Rent Guidelines Board is authorized to promulgate rent guidelines governing hotel units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).
Dated: May 20th 1999
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Edward S. Hochman,Esq.
Chairman
Rent Guidelines Board