Increases Allowed as Established by The
Rent Guidelines Board of The City of New York
Hotel Order #32 (2002-2003)
2002 Hotel Order #32
June 28, 2002
Order Number 32 - Hotels, Rooming Houses, Single Room Occupancy
Buildings and Lodging Houses. Rent levels to be effective for leases commencing October 1, 2002 through September 30, 2003.
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, 2002.
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, 2002, 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, 2002 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, 2002 shall be:
1) Residential Class A (apartment) hotels - 0%
2) Lodging houses - 0%
3) Rooming houses (Class B buildings containing less than 30 units) - 0%
4) Class B hotels - 0%
5) Single Room Occupancy buildings (MDL section 248 SRO's) - 0%
Except that the allowable level of rent adjustment over the lawful
rent actually charged and paid on September 30, 2002 shall be
0% if:
- 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, constitute fewer
than 70%
of all units in a building
that are used or occupied, or intended, arranged or designed
to be used or occupied in whole or in part as the home, residence
or sleeping place of one or more human beings.
- On any individual unit 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, 2002 and on or before September 30, 2003 may not exceed the
levels over rentals charged on September 30, 2002 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 28, 2002
Marvin Markus
Chair,
New York City Rent Guidelines Board