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2520 Scope
2521 Legal Rents
2522 Rent Adjustments
2523 Notices and Records
2524 Evictions
2525 Prohibitions
2526 Enforcement
2527 DHCR Proceedings
2528 Registration
2529 Administrative Review
2530 Judicial Review
2531
High-Income Decontrol
   

State of New York Codes, Rules and Regulations (NYCRR)
Title 9. Executive Department
Subtitle S. Division of Housing and Community Renewal
Chapter VIII. Rent Stabilization Regulations
Subchapter B. Rent Stabilization Code

Part 2528. Registration of Housing Accommodations
2528.1 Initial registration
2528.2 Initial registration requirements
2528.3 Annual registration requirements
2528.4 Penalty for failure to register
2528.5 Confidentiality



9 NYCRR Part 2528 Notes

Statutory Authority: N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a). Added Part 2528 on 5/01/87.

9 NYCRR § 2528.1

§ 2528.1  Initial registration

Each housing accommodation subject to the RSL on April 1, 1984, or thereafter, and not exempted from registration by the DHCR, shall be registered by the owner thereof with the DHCR within 90 days after such date.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2528.1 on 5/01/87.

9 NYCRR § 2528.2

§ 2528.2  Initial registration requirements

(a) The initial registration shall be made on forms prescribed or approved by the DHCR, and shall include:

(1) the address of the building or group of buildings or development in which such housing accommodation is located and the name of the tenant residing therein;

(2) the number of housing accommodations in the building or group of buildings or development;

(3) the number of housing accommodations in the building or group of buildings or development subject to the RSL and the number of such housing accommodations subject to the City Rent Law;

(4) the rent charged on April 1, 1984, or the rent charged on the date the housing accommodation became subject to the requirements of this Part, and any changes in such rent between such date and the date of registration;

(5) the number of rooms in such housing accommodation; and

(6) all services provided for in the last lease or rental agreement, provided or required to be provided on the applicable base date, or thereafter.

(b) Registration of housing accommodations subject to the City Rent Law immediately prior to the date of filing the initial registration statement shall include, in addition to the items set forth in subdivision (a) of this section, where existing, the maximum rent immediately prior to the date that such housing accommodations became subject to the RSL or the requirements of this Part.

(c) Copies of the registration shall be filed in such manner and in such place or places as the DHCR may designate. In addition, a copy of the Building Services Registration form shall be posted in a public area of the building as prescribed in the DHCR's Instructions for Rent Registration.

(d) One copy of the Initial Apartment Registration form which pertains to the tenant's housing accommodation shall be sent by the owner to the tenant by certified mail. Service of such form pursuant to this subdivision together with the Notice of Initial Legal Regulated Rent shall constitute proper service of such Notice of Initial Legal Regulated Rent under section 2523.1 of this Title. Provided, however, that for registrations served prior to the effective date of this subdivision, any method of service permitted by the DHCR at the time of service shall be deemed to have the same effect as service by certified mailing.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2528.2 on 5/01/87; amended § 2528.2(d) on 12/20/00.

9 NYCRR § 2528.3

§ 2528.3  Annual registration requirements

In such manner and at such time as shall be determined by the DHCR pursuant to section 2527.11 of this Title:

(a) An annual registration shall be filed containing the current rent for each housing accommodation not otherwise exempt, a certification of services, and such other information as may be required by the DHCR pursuant to the RSL.

(b) Upon filing an annual registration, the owner shall provide each tenant then in occupancy with a copy of that portion of such annual registration applicable to the tenant's housing accommodation.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2528.3 on 5/01/87.

9 NYCRR § 2528.4

§ 2528.4  Penalty for failure to register

(a) The failure to properly and timely comply, on or after the base date, with the rent registration requirements of this Part shall, until such time as such registration is completed, bar an owner from applying for or collecting any rent in excess of: the base date rent, plus any lawful adjustments allowable prior to the failure to register. The late filing of a registration shall result in the elimination, prospectively, of such penalty, and for proceedings commenced on or after July 1, 1991, provided that increases in the legal regulated rent were lawful except for the failure to file a timely registration, an owner, upon the service and filing of a late registration, shall not be found to have collected a rent in excess of the legal regulated rent at any time prior to the filing of the late registration. Nothing herein shall be construed to permit the examination of a rental history for the period prior to four years before the commencement of a proceeding pursuant to sections 2522.3 and 2526.1 of this Title.

(b) The failure to pay any administrative fees imposed by the RSL shall constitute a charge due and owing the City of New York, and no penalty for such failure to pay shall be imposed pursuant to this Code.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2528.4 on 5/01/87; amended § 2528.4 on 12/20/00.

9 NYCRR § 2528.5

§ 2528.5  Confidentiality

Registration information filed with the DHCR pursuant to this Part shall not be subject to the Freedom of Information Law, provided that such information relative to a tenant, owner, lessor or subtenant shall be made available to such party or his or her authorized representative.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2528.5 on 5/01/87.

 

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