[NYtenants-online] New Rent Guideline Board Orders 2005-2006

[Tenant]

NYtenants Online/TenantNet                                8/21/05
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In this issue...

1. It's Silly Season 2005
2. Readers Note
3. 2005 APARTMENT & LOFT ORDER #37
4. 2005 HOTEL ORDER #35

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SILLY SEASON

It's that time when it seems almost every politician and wannabee will lie, 
cheat, steal and distort their record in order to win your votes for New 
York City elected officials.

We will soon provide our assessment of many of these candidates -- and 
maybe even endorse a few.

To start things off, please visit http://www.virginiafields.com. We are 
associated with this unofficial critical look at the mayoral candidacy of 
Virginia Fields, and feel strongly that she is the absolute worst of all 
the Democratic mayoral candidate. We'll tell you why later.


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2005-2006 RGB ORDERS

In this issue we include the full text of the latest orders of the NYC Rent 
Guidelines Board. These orders, which are in effect from October 1, 2005 
through September 30, 2006, affect only rent stabilized tenants.

Rent Control apartments are not affected by these orders, except that 
special guidelines are included for units moving from Rent Control to Rent 
Stabilization (which is one method to determine the 'Fair Market Rent' when 
a tenant in a new rent stabilized unit challenges the first stabilized rent 
being charged).

For most tenants, the SHORT ANSWER is that if your rent stabilized lease is 
renewed during this period, the permissible increase is 2.75% for a 
one-year renewal and 5.5% for a two-year renewal (where heat is provided).

For leases that commence prior to October 1, 2005, use the prior year's RGB 
orders, which can be found at 
http://www.tenant.net/pipermail/nytenants-online/2004-July/000268.html.

If you have questions on any aspects of these orders, please join the 
TenantNet Forum at http://www.tenant.net/.WWW/forum/cgi-bin/ultimatebb.cgi


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2005 APARTMENT & LOFT ORDER #37
NYC Rent Guidelines Board
June 21, 2005

ORDER NUMBER 37 - Apartments and Lofts, rent levels for leases
commencing October 1, 2005 through September 30, 2006.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE NEW YORK 
CITY RENT GUIDELINES BOARD BY THE RENT STABILIZATION LAW OF 1969, as 
amended, and the Emergency Tenant Protection Act of 1974, as amended, 
implemented by Resolution No 276 of 1974 of the New York City Council and 
extended by Chapter 82 of the Laws of 2003, and in accordance with the 
requirements of Section 1043 of the New York City Charter, that the Rent 
Guidelines Board (RGB) hereby adopts the following levels of fair rent 
increases over lawful rents charged and paid on September 30, 2005. These 
rent adjustments will apply to rent stabilized apartments with leases 
commencing on or after October 1, 2005 and through September 30, 2006. Rent 
guidelines for loft units subject to Section 286 subdivision 7 of the 
Multiple Dwelling Law are also included in this order.

ADJUSTMENT FOR RENEWAL LEASES  (APARTMENTS)

Together with such further adjustments as may be authorized by law, the 
annual adjustment for renewal leases for apartments shall be:


Where HEAT IS PROVIDED or required to be provided to a dwelling unit by an 
owner from a central or individual system at no charge to the tenant, the 
adjustments are as follows:

For a ONE-YEAR RENEWAL LEASE commencing on or after
October 1, 2005 and on or before September 30, 2006:   2.75%

For a TWO-YEAR RENEWAL LEASE commencing on or after
October 1, 2005 and on or before September 30, 2006:   5.5%


Where HEAT IS NEITHER PROVIDED NOR REQUIRED to be provided to a dwelling 
unit by an owner from a central or individual system, the adjustments are 
as follows:

For a one-year renewal lease commencing on or after
October 1, 2005 and on or before September 30, 2006:   2.25%

For a two-year renewal lease commencing on or after
October 1, 2005 and on or before September 30, 2006:   4.5%


These adjustments shall also apply to dwelling units in a structure subject 
to the partial tax exemption program under Section 421a of the Real 
Property Tax Law, or in a structure subject to Section 423 of the Real 
Property Tax Law as a Redevelopment Project.

VACANCY ALLOWANCE FOR APARTMENTS

No vacancy allowance is permitted except as provided by sections 19 and 20 
of the Rent Regulation Reform Act of 1997.

SUPPLEMENTAL ADJUSTMENT

There shall be no supplemental adjustment for apartments renting below any 
specified amount for renewal leases.

EQUALIZATION ALLOWANCE

There shall be no equalization allowance for apartments continuously 
occupied for a specified period of time for renewal leases.

ADDITIONAL ADJUSTMENT FOR RENT STABILIZED APARTMENTS SUBLET UNDER SECTION 
2525.6 OF THE RENT STABILIZATION CODE

In the event of a sublease governed by subdivision (e) of section 2525.6 of 
the Rent Stabilization Code, the allowance authorized by such subdivision 
shall be 10%.

ADJUSTMENTS FOR LOFTS (UNITS IN THE CATEGORY OF BUILDINGS COVERED BY 
ARTICLE 7-C OF THE MULTIPLE DWELLING LAW)

The Rent Guidelines Board adopts the following levels of rent increase 
above the "base rent", as defined in Section 286, subdivision 4, of the 
Multiple Dwelling Law, for units to which these guidelines are applicable 
in accordance with Article 7-C of the Multiple Dwelling Law:

For one-year increase periods commencing on or after
October 1, 2005 and on or before September 30, 2006:    2.25%

For two-year increase periods commencing on or after
October 1, 2005 and on or before September 30, 2006:    4.5%

VACANT LOFT UNITS

No Vacancy Allowance is permitted under this Order. Therefore, except as 
otherwise provided in Section 286, subdivision 6, of the Multiple Dwelling 
Law, the rent charged to any tenant for a vacancy tenancy commencing on or 
after October 1, 2005 and on or before September 30, 2006 may not exceed 
the "base rent" referenced above plus the level of adjustment permitted 
above for increase periods.

FRACTIONAL TERMS

For the purposes of these guidelines any lease or tenancy for a period up 
to and including one year shall be deemed a one year lease or tenancy, and 
any lease or tenancy for a period of over one year and up to and including 
two years shall be deemed a two-year lease or tenancy.

ESCALATOR CLAUSES

Where a lease for a dwelling unit in effect on May 31, 1968 or where a 
lease in effect on June 30, 1974 for a dwelling unit which became subject 
to the Rent Stabilization Law of 1969, by virtue of the Emergency Tenant 
Protection Act of 1974 and Resolution Number 276 of the New York City 
Council, contained an escalator clause for the increased costs of operation 
and such clause is still in effect, the lawful rent on September 30, 2005 
over which the fair rent under this Order is computed shall include the 
increased rental, if any, due under such clause except those charges which 
accrued within one year of the commencement of the renewal lease. Moreover, 
where a lease contained an escalator clause that the owner may validly 
renew under the Code, unless the owner elects or has elected in writing to 
delete such clause, effective no later than October 1, 2005 from the 
existing lease and all subsequent leases for such dwelling unit, the 
increased rental, if any, due under such escalator clause shall be offset 
against the amount of increase authorized under this Order.

SPECIAL ADJUSTMENTS UNDER PRIOR ORDERS

All rent adjustments lawfully implemented and maintained under previous 
apartment orders and included in the base rent in effect on September 30, 
2005 shall continue to be included in the base rent for the purpose of 
computing subsequent rents adjusted pursuant to this Order.

SPECIAL GUIDELINE

Under Section 26-513(b)(1) of the New York City Administrative Code, and 
Section 9(e) of the Emergency Tenant Protection Act of 1974, the Rent 
Guidelines Board is obligated to promulgate special guidelines to aid the 
State Division of Housing and Community Renewal in its determination of 
initial legal regulated rents for housing accommodations previously subject 
to the City Rent and Rehabilitation Law which are the subject of a tenant 
application for adjustment. The Rent Guidelines Board hereby adopts the 
following Special Guidelines:

For dwelling units subject to the Rent and Rehabilitation Law on September 
30, 2005, which become vacant after September 30, 2005, the special 
guideline shall be the greater of:
50% above the maximum base rent, or
The Fair Market Rent for existing housing as established by the United 
States Department of Housing and Urban Development (HUD) for the New York 
City Primary Metropolitan Statistical Area pursuant to Section 8(c) (1) of 
the United States Housing Act of 1937 (42 U.S.C. section 1437f [c] [1] ) 
and 24 C.F.R. Part 888, with such Fair Market Rents to be adjusted based 
upon whether the tenant pays his or her own gas and/or electric charges as 
part of his or her rent as such gas and/or electric charges are accounted 
for by the New York City Housing Authority.

Such HUD-determined Fair Market Rents will be published in the Federal 
Register, to take effect on October 1, 2005.

DECONTROLLED UNITS

The permissible increase for decontrolled units as referenced in Order 3a 
which become decontrolled after September 30, 2005, shall be the greater of:
50% above the maximum base rent, or
The Fair Market Rent for existing housing as established by the United 
States Department of Housing and Urban Development (HUD) for the New York 
City Primary Metropolitan Statistical Area pursuant to Section 8(c) (1) of 
the United States Housing Act of 1937 (42 U.S.C. section 1437f [c] [1] ) 
and 24 C.F.R. Part 888, with such Fair Market Rents to be adjusted based 
upon whether the tenant pays his or her own gas and/or electric charges as 
part of his or her rent as such gas and/or electric charges are accounted 
for by the New York City Housing Authority.

Such HUD-determined Fair Market Rents will be published in the Federal 
Register, to take effect on October 1, 2005.

CREDITS

Rentals charged and paid in excess of the levels of rent increase 
established by this Order shall be fully credited against the next month's 
rent.

STATEMENT OF BASIS AND PURPOSE

The Rent Guidelines Board is authorized to promulgate rent guidelines 
governing apartment units subject to the Rent Stabilization Law of 1969, as 
amended, and the Emergency Tenant Protection Act of 1974, as amended. The 
purpose of these guidelines is to implement the public policy set forth in 
Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 
(§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding 
contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 
[§2]).

The Rent Guidelines Board is also authorized to promulgate rent guidelines 
for loft units subject to Section 286 subdivision 7 of the Multiple 
Dwelling Law. The purpose of the loft guidelines is to implement the public 
policy set forth in the Legislative Findings of Article 7-C of the Multiple 
Dwelling Law (Section 280).


Dated: June 21, 2005
Marvin Markus
Chair
New York City Rent Guidelines Board


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2005 HOTEL ORDER #35
NYC Rent Guidelines Board
June 21, 2005

ORDER NUMBER 35 - Hotels, Rooming Houses, Single Room Occupancy Buildings
and Lodging Houses. Rent levels to be effective for leases commencing
October 1, 2005 through September 30, 2006.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE NEW YORK 
CITY RENT GUIDELINES BOARD BY THE RENT STABILIZATION LAW OF 1969, as 
amended, and the Emergency Tenant Protection Act of 1974, as amended, 
implemented by Resolution No. 276 of 1974 of the New York City Council and 
extended by Chapter 82 of the Laws of 2003, and in accordance with the 
requirements of Section 1043 of the New York City Charter, that the Rent 
Guidelines Board hereby adopts the following levels of fair rent increases 
over lawful rents charged and paid on September 30, 2005.

APPLICABILITY

This order shall apply to units in buildings subject to the Hotel Section 
of the Rent Stabilization Law (Sections 26-504(c) and 26-506 of the N.Y.C. 
Administrative Code), as amended, or the Emergency Tenant Protection Act of 
1974 (L.1974, c. 576 §4[§5(a)(7)]). With respect to any tenant who has no 
lease or rental agreement, the level of rent increase established herein 
shall be effective as of one year from the date of the tenant's commencing 
occupancy, or as of one year from the date of the last rent adjustment 
charged to the tenant, or as of October 1, 2005, whichever is later. This 
anniversary date will also serve as the effective date for all subsequent 
Rent Guidelines Board Hotel Orders, unless the Board shall specifically 
provide otherwise in the Order. Where a lease or rental agreement is in 
effect, this Order shall govern the rent increase applicable on or after 
October 1, 2005 upon expiration of such lease or rental agreement, but in 
no event prior to one year from the commencement date of the expiring 
lease, unless the parties have contracted to be bound by the effective date 
of this Order.

RENT GUIDELINES FOR HOTELS, ROOMING HOUSES, SINGLE ROOM OCCUPANCY BUILDINGS 
AND LODGING HOUSES

Pursuant to its mandate to promulgate rent adjustments for hotel units 
subject to the Rent Stabilization Law of 1969, as amended, (§26-510(e) of 
the N.Y.C Administrative Code) the Rent Guidelines Board hereby adopts the 
following rent adjustments:

The allowable level of rent adjustment over the lawful
rent actually charged and paid on September 30, 2005 shall be:

   1) Residential Class A (apartment) hotels 0%

   2) Lodging houses 0%

   3) Rooming houses (Class B buildings containing less than 30 units) 0%

   4) Class B hotels 0%

   5) Single Room Occupancy buildings (MDL section 248 SRO's) 0%

NEW TENANCIES

No "vacancy allowance" is permitted under this order. Therefore, the rents 
charged for tenancies commencing on or after October 1, 2005 and on or 
before September 30, 2006 may not exceed the levels over rentals charged on 
September 30, 2005 permitted under the applicable rent adjustment provided 
above.

ADDITIONAL CHARGES

It is expressly understood that the rents collectible under the terms of 
this Order are intended to compensate in full for all services provided 
without extra charge on the statutory date for the particular hotel 
dwelling unit or at the commencement of the tenancy if subsequent thereto. 
No additional charges may be made to a tenant for such services, however 
such charges may be called or identified.

STATEMENT OF BASIS AND PURPOSE

The Rent Guidelines Board is authorized to promulgate rent guidelines 
governing hotel units subject to the Rent Stabilization Law of 1969, as 
amended, and the Emergency Tenant Protection Act of 1974, as amended. The 
purpose of these guidelines is to implement the public policy set forth in 
Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 
(§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding 
contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 
[§2]).

Dated: June 21, 2005
Marvin Markus
Chair
New York City Rent Guidelines Board