Posted by Anna on April 29, 1999 at 08:38:14:
In Reply to: Re: First Rent... a URL posted by John E. Marre on April 29, 1999 at 07:32:13:
: Thanks Janet! This is the very issue that's causing all the questioning. The terminology is so vague when it comes to the interpretation of "perimeter and dimesnions".
: Apparently, the applications have been understood to mean "wall to wall" or, adding/removing walls (creating a studio from a one bedroom, or creating a one bedroom from a sutdio). Question now is, 'what if' floors are considerably raised/lowered, or ceilings are raised/lowered (building on existing floor or adding/removing drop ceilings).
: It's very much left to individal interpretation and we're wondering if any readers have had any experience with this matter.
: Thanks again to all who can contribute.
: First Rents: Where an owner significantly changes the perimeter and dimensions of an existing housing accommodation, or creates a housing accommodation in space previously used for nonresidential purposes, the DHCR may find that the resultant housing accommodation was not in existence on the applicable base date. Such a finding may entitle the owner to charge a market "first rent," subject to guidelines limitations for future rent adjustments.
Thanks: the identical operational bulletin 12/15/95 is available on Tenant.net in txt & PDF and on DHCR in html & PDF http://dhcr.state.ny.us/general/dhcrpub.htm. Here's the section quoting the legal authority; it also mentions a 'recent court decision' but doesn't cite it.
This Operational Bulletin is issued pursuant to the Emergency Tenant Protection Regulations
(TPR) adopted under the Emergency Tenant Protection Act (ETPA) section 10, and section
2527.11 of the Rent Stabilization Code (RSC). It sets forth the position of the Division of
Housing and Community Renewal (DHCR) regarding the circumstances under which the agency
will find that a building has been substantially rehabilitated within the meaning of TPR section
2500.9(e) and RSC section 2520.11(e).
You should have some results searching the Housing Court Decisions on Tenant.Net using the code numbers, e.g. search for keyword '2520.11'. Try that on DHCR decisions too. Also: read Sam's email & followups on 'Drywall Decontrol' 2/28/99 (thought this whole thing sounded familiar!) http://tenant.net/forum/board/posts/arcs99Q1/4274.html
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