New York Rent Laws
Rent Stab Code (1987) - Table of Contents

NYC Rent Stabilization Code (1987)

Please note: This version of the NYC Rent Stabilziation Code is from 1987 and is not current. The code has been amended several times since 1987. Although much remains the same, there are significant changes that have occurred. This version of the code is maintained for archival purposes.

PART 2523 -- NOTICES AND RECORDS ----------------------------- TABLE OF CONTENTS Section 2523.1. Notice of initial legal registered rent. 2523.2. Certification of services. 2523.3. Failure to file a certification of services. 2523.4. Failure to maintain services. 2523.5. Notice for renewal of lease and renewal procedure. 2523.6. Notices of appearance by attorney or other authorized representative. 2523.7. Records and record keeping. 2523.8. Notice of change of ownership. ----------------------------- Sec. 2523.1. NOTICE OF INITIAL LEGAL REGISTERED RENT. Every owner of housing accommodations previously subject to the City Rent Law and thereafter rented to a tenant on or after April 1, 1984, shall within 90 days after the housing accommodations become subject to the RSL, give notice in writing by certified mail to the tenant of each such housing accommodation on a form prescribed by the DHCR for that purpose, reciting the initial legal registered rent for the housing accommodation and the tenant's right to file an application for adjustment of the initial legal registered rent within 90 days of the certified mailing to the tenant of the notice pursuant to section 2522.3 of this Title. Sec. 2523.2. CERTIFICATION OF SERVICES. Every owner of housing accommodations subject to this Code shall annually file with the DHCR, on a form which the DHCR shall prescribe for that purpose, a written certification that he or she is maintaining and will continue to maintain all services as required by section 2520.6(r) of this Title, or required to be furnished by any law, or regulation applicable to the housing accommodation. Compliance with section 2528.3 of this Title, shall also be in compliance with this section. Sec. 2523.3. FAILURE TO FILE A CERTIFICATION OF SERVICES. No owner shall be entitled to collect a rent adjustment pursuant to a Rent Guidelines Board Order as authorized under section 2522.5 of this Title, until the owner has filed a proper certification as required by section 2523.2 of this Part, nor shall any owner be entitled to a rent restoration based upon a restoration of services unless such certification is filed together with his or her application for rent restoration. Such restoration shall take effect in accordance with section 2522.2 of this Title. Sec. 2523.4. FAILURE TO MAINTAIN SERVICES. (a) A tenant may apply to the DHCR for a reduction of the legal regulated rent to the level in effect prior to the most recent guidelines adjustment, and the DHCR shall so reduce the rent for the period for which it is found that the owner has failed to maintain required services. The Order reducing the rent shall further bar the owner from applying for or collecting any further increases in rent until such services are restored. If the DHCR further finds that the owner has knowingly filed a false certification, it may, in addition to abating the rent, assess the owner with the reasonable costs of the proceeding, including reasonable attorney's fees, and impose a penalty not in excess of $250 for each false certification. (b) Proceedings pending on the effective date of this Code (May 1, 1987) involving tenant complaints of owners' failure to provide hotel services shall be determined in accordance with the RSL and Hotel Industry Code in effect immediately prior to such effective date of this Code. Sec. 2523.5. NOTICE FOR RENEWAL OF LEASE AND RENEWAL PROCEDURE. (a) On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 120 days prior to the end of the tenant's lease term, by mail or personal delivery, of the expiration of the lease term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease. The tenant's acceptance of such offer shall be entered on the designated part of the prescribed form, or facsimile thereof, and returned to the owner by mail or personal delivery. Pursuant to the provisions of section 2522.5(b)(1) of this Title, the owner shall furnish to such tenant a copy of the fully executed renewal lease form bearing the signatures of the owner and tenant within 30 days of the owner's receipt of the renewal lease form signed by the tenant. Upon execution by the owner and delivery to the tenant, such form shall constitute a binding renewal lease. Upon failure of the owner to deliver a copy of the fully executed renewal lease form to the tenant within 30 days from the owner's receipt of such form signed by the tenant, such tenant shall not be deprived of any of his or her rights under the RSL and this Code and the owner shall be barred from commencing any action or proceeding against the tenant based upon nonrenewal of lease, pursuant to section 2524.3(f) of this Title. In the event that such notice is given to the tenant after the expiration of the lease, the provisions of subdivision (c) of this section shall govern. (b) (1) Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to federal, state or local law, regulations or other requirements of governmental agencies, if an offer is made to the tenant pursuant to the provisions of subdivision (a) and such person has permanently vacated the housing accommodation, any member of such tenant's family, as defined in subdivision (o) of section 2520.6 of this Title, who has resided with the tenant in the housing accommodation as a primary residence for a period of no less than two (2) years, or where such person is a "senior citizen," or a "disabled person" as defined in paragraph (4) of this subdivision, for a period of no less than one (1) year, immediately prior to the permanent vacating of the housing accommodation by the tenant, or from the inception of the tenancy or commencement of the relationship, if for less than such periods, shall be entitled to be named as a tenant on the renewal lease. (2) The minimum periods of required residency set forth in this subdivision shall not be deemed to be interrupted by any period during which the "family member" temporarily relocates because he or she: (i) is engaged in active military duty; (ii) is enrolled as a full time student; (iii) is not in residence at the housing accommodation pursuant to a court order not involving any term or provision of the lease, and not involving any grounds specified in the Real Property Actions and Proceedings Law; (iv) is engaged in employment requiring temporary relocation from the housing accommodation; (v) is hospitalized for medical treatment; or (vi) has such other reasonable grounds that shall be determined by the DHCR upon application by such person. (3) The 60 day period from the date of service of the Notice for Renewal of Lease for acceptance and renewal provided to the tenant in subdivision (a) of this section, shall also apply to the tenant's "family member." (4) For the purposes of this subdivision (b), "disabled person" is defined as a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities. (c) Where the owner fails to timely offer a renewal lease or rental agreement in accordance with subdivision (a) of this section, the one/ or two-year lease term selected by the tenant shall commence at the tenant's option, either (1) on the date a renewal lease would have commenced had a timely offer been made, or (2) on the first rent payment date occurring no less than 120 days after the date that the owner does offer the lease to the tenant. In either event, the effective date of the increased rent under the renewal lease shall commence on the first rent payment date occurring no less than 120 days after such offer is made by the owner, and the guidelines rate applicable shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made. (d) Except as provided in Part 2524 of this Title, the failure to offer a renewal lease pursuant to this section shall not deprive the tenant of any protections or rights provided by the RSL and this Code and the tenant shall continue to have the same rights as if the expiring lease were still in effect. (e) On a form prescribed or a facsimile of such form approved by the DHCR, a tenant may, at any time, advise the owner, or an owner may request from the tenant, at the time a renewal lease is offered pursuant to subdivision (a) of this section, the names of all persons other than the tenant who are residing in the housing accommodation, and the following information pertaining to such persons: (1) if the person is a "family member" as defined in subdivision (o) of section 2520.6 of this Title; and (2) if the person is, or upon the passage of the applicable minimum period of required residency, may become a person entitled to be named as a tenant on a renewal lease pursuant to paragraph (1) of subdivision (b) of this section, and the date of the commencement of such person's primary residence with the tenant; and (3) if the person is a "senior citizen" or a "disabled person" as defined in subdivision (p) of section 2520.6 of this Title, and paragraph (4) of subdivision (b) of this section. Failure of the tenant to provide such information to the owner, regardless of whether the owner requests the information, shall place upon all such persons not so made known to the owner, who seek to exercise the right to be named as a tenant on a renewal lease as provided for in subdivision (b) of this section, the affirmative obligation to establish such right. (f) For any family member who is made known to the owner pursuant to subdivision (e) of this section, the DHCR may, upon application by such family member, who is not entitled to a renewal lease as provided for in subdivision (b) of this section, determine with due consideration of equities as set forth in section 2522.7 of this Title, that there are other reasonable grounds pursuant to which such family member shall be entitled to a renewal lease. Sec. 2523.6. NOTICES OF APPEARANCE BY ATTORNEY OR OTHER AUTHORIZED REPRESENTATIVE. (a) Whenever an attorney or other authorized representative appears for a party who is involved in a proceeding before the DHCR, such person must file a notice of appearance which shall be on a form prescribed by the DHCR, unless the application which instituted the proceeding before the DHCR stated the representation of such person and his or her mailing address in the space allotted for the mailing address of the represented party. An attorney who appears for such party may instead use the letterhead stationery of his or her office as a notice of appearance if the information contained therein substantially conforms to the information required by the form. All subsequent written communications or notices to such party (other than subpoenas) shall be sent to such attorney or other authorized representative at the address designated in such notice of appearance. The service of written communications and notices upon such attorney or other authorized representative shall be deemed full and proper service upon the party or parties so represented. If an authorized representative appears, such notice of appearance must be accompanied by a written authorization, duly verified or affirmed, by the party represented. (b) Whenever an attorney or other authorized representative shall represent the same party or parties in more than one proceeding before the DHCR, separate notices of appearance and authorizations shall be filed in each proceeding. (c) Any submission signed by an attorney or other authorized representative must state that such person has personal knowledge of the facts contained in such submission, or if he or she does not have such personal knowledge, the basis for such person's information. Sec. 2523.7. RECORDS AND RECORDKEEPING. (a) Every owner shall keep, preserve, and make available for examination, records from the date immediately prior to the date the housing accommodation became subject to the RSL, of the same kind as he or she has customarily kept relating to the rents received for housing accommodations, and individual housing accommodation and building-wide services provided or required to be provided on the applicable base date. (b) Except as provided in subdivision (c) of this section, every owner subject to this Code shall also keep, preserve, and make available for examination, records from the date immediately prior to the date the housing accommodation became subject to the RSL, showing the rents received for each housing accommodation, the particular term and number of tenants for which such rents were charged, and the name of each tenant, and the individual housing accommodation and building-wide services provided or required to be provided on the applicable base date. (c) Any owner who has duly registered a housing accommodation pursuant to Part 2528 of this Title shall not be required to maintain or produce any records relating to rentals of such accommodation more than four years prior to the initial or most recent annual registration for such accommodation. Notwithstanding the above, such owner shall continue to maintain records for all housing accommodations for which a complaint of overcharge or a Fair Market Rent Appeal was filed by a tenant prior to April 1, 1984, or a challenge to an initial registration is filed, until a final order of the DHCR is issued. (d) In the absence of collusion or any relationship between a prior owner and an owner who purchases upon a judicial sale, such purchaser shall not be required to comply with the provisions of subdivisions (a) and (b) of this section for the period prior to such sale, except where records sufficient to establish the legal regulated rent are available to such purchaser. This subdivision shall not be construed to waive the purchaser's obligation to register pursuant to Part 2528 of this Title. Sec. 2523.8. NOTICE OF CHANGE OF OWNERSHIP. Within 30 days after a change in ownership, the new owner shall notify the DHCR of such change on a form prescribed by the DHCR. Such form shall be signed by the new owner, listing the address of the building or complex, the name, address and telephone number of the new owner, and the date of the transfer of ownership.


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