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Re: DHCR individual apartment improvement rules

Posted by chelsea on August 06, 2001 at 09:17:01:

In Reply to: Re: DHCR individual apartment improvement rules posted by Ben on August 05, 2001 at 18:41:02:



Excerpts from the relevant section in the Rent Stabilization Code appear below. Also check section 26-511 (c) 13 of the Rent Stabilization Law. Finally, look at DHCR fact sheet #12 (URL below.)

One caveat: did the work done change the perimeter of the apartment? If so, let us know. It could be a somewhat different case.


9 NYCRR§ 2522.4

§ 2522.4 Adjustment of legal regulated rent

(a) Increased space and services, new equipment, new furniture or
furnishings; major capital improvements; other adjustments.

(1) An owner is entitled to a rent increase where there has been a
substantial increase, other than an increase for which an adjustment may be
claimed pursuant to paragraph (2) of this subdivision, of dwelling space or
an increase in the services, or installation of new equipment or
improvements, or new furniture or furnishings, provided in or to the tenant's
housing accommodation, on written tenant consent to the rent increase. In
the case of vacant housing accommodations, tenant consent shall not be
required.

.........
(section on MCI's deleted here)

.........

4) The increase in the monthly stabilization rent for the affected housing
accommodations when authorized pursuant to paragraph (1) of the
subdivision shall be 1/40th of the total cost, including installation but
excluding finance charges; and any increase pursuant to paragraph (2) of
this subdivision shall be 1/84th of the total cost, including installation but
excluding finance charges as allocated in accordance with paragraph (12)
of this subdivision. For increases pursuant to subparagraphs (2)(iii) and (iv)
of this subdivision, in the discretion of the DHCR, an appropriate charge
may be imposed in lieu of an amortization charge when an amortization
charge is insignificant or inappropriate.

(5) Such increases shall not be collectible during the term of a lease then in
effect, unless a specific provision in the tenant's lease authorizes an increase
during its term pursuant to an order issued by the DHCR, except that
increases pursuant to paragraph (1) of this subdivision may be collected
upon installation.

----------------------------------

: : Can anyone point me to a place where the DHCR individual apartment improvement rules are actually spelled out?

: : So far, I've gleaned some from the Article 78 decision summaries here and from doing a search in the DHCR databse for +apt +indi +imp.

: : Also, it seems that they must follow the MCI rules in the RSCode and must not be on the MCI list, correct?

: : (rant: leave it to that pro-landlord DHCR to spell out the rules for MCI's which only they can grant but to keep hidden the rules for IAI which can only be enforced if a tenant complains! and even then they don't give the tenant a hint)

:
: -----------------
: Any ideas anybody???


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