2003
Hotel Order #33
June
19, 2003
Order Number 33 - Hotels, Rooming Houses, Single Room Occupancy Buildings
and Lodging Houses. Rent levels to be effective for leases commencing October
1, 2003 through September 30, 2004.
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 Chapter 82 of the Laws of 2003, 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, 2003.
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, 2003, 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, 2003 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, 2003 shall be:
- Residential Class A (apartment) hotels - 3.5 %
- Lodging houses - 3.5%
- Rooming houses (Class B buildings
containing less than 30 units) - 3.5%
- Class B hotels - 3.5%
- Single Room Occupancy buildings
(MDL section 248 SRO's) - 3.5%
Except
that the allowable level of rent adjustment over the lawful rent
actually charged and paid on September 30, 2003 shall be
0% if:
1) 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 75% 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.
2) 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, 2003
and on or before September 30,
2004 may not exceed the levels over rentals charged on September
30, 2003 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 19, 2003
Marvin
Markus
Chair
New York City Rent Guidelines Board