PART 2523 -- NOTICES AND RECORDS
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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.
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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.