Increases Allowed as Established by The
Rent Guidelines Board of The City of New York
Hotel Order #31 (2001-2002)
THE CITY OF NEW YORK
RENT GUIDELINES BOARD
June 29, 2001
Hotel Order Number 31
Order Number 31 - Hotels,
Rooming Houses, Single Room Occupancy Buildings and Lodging Houses. Rent
levels to be effective for leases commencing October 1, 2001 through September
30, 2002.
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, 2001.
APPLICABILITY
This 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,
2001, 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, 2001 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.
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, 2001 shall be:
1)
Residential Class A (apartment) hotels - 2%
2) Lodging houses
- 2%
3) Rooming houses (Class B buildings containing less than 30 units) -2%
4) Class B hotels
-2%
5) Single Room Occupancy
buildings (MDL section 248 SRO's) - 2%
Except that the allowable
level of rent adjustment over the lawful rent actually charged and paid on
September 30, 2001 shall be 0% if:
Fewer than 70%
of the residential units in a building are occupied by permanent rent stabilized
or rent controlled tenants paying no more than the legal regulated rent, at
the time that any rent increase in this Order would otherwise be authorized.
Furthermore, the allowable
level of rent adjustment over the lawful rent actually charged and paid on
September 30, 2001 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, 2001 and on or before September 30, 2002
may not exceed the levels over rentals charged on September 30, 2001 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: June 29, 2001
Steven M. Sinacori, Esq.,
Chairman
New York City Rent Guidelines Board