N.Y. Comp. Codes R. & Regs. tit. 9 § 2100.3

Current through Register Vol. 46, No. 45, November 2, 2024
Section 2100.3 - Additional definitions

L. 1964, ch. 244; L. 1971, ch. 371, 373, 374, 383, and 599.

(a)Administrator.

Prior to July 1, 1964, the State rent administrator or such other person or persons as the administrator may designate to carry out the powers and duties delegated to him by the act. Effective July 1, 1964, the Commissioner of Housing and Community Renewal or such other person or persons as he may designate to carry out the powers and duties previously delegated to the State rent administrator by the act and now delegated to the Division of Housing and Community Renewal by chapter 244 of the Laws of 1964.

(b)Office of Rent Administration.

The Office of the Division of Housing and Community Renewal established by the Commissioner of Housing and Community Renewal to administer rent control under this Subchapter.

(1) State Rent Administrator of the Office of Rent Administration of the Division of Housing and Community Renewal. The person designated by the Commissioner of Housing and Community Renewal to administer rent control under the regulations and to carry out any of the duties delegated to him by the Commissioner of Housing and Community Renewal.
(2) Director of Litigation and Review of the Office of Rent Administration of the Division of Housing and Community Renewal. The person designated by the Commissioner of Housing and Community Renewal to carry out the duties related to protests, judicial review, appeals, and enforcement of this Subchapter in the administration of rent control.
(3) Director of Operations of the Office of Rent Administration of the Division of Housing and Community Renewal. The person designated by the Commissioner of Housing and Community Renewal to supervise the operations of the local rent offices and local rent administrators in the administration of rent control under this Subchapter.
(4) Local rent administrator. The person designated by the Commissioner of Housing and Community Renewal to administer rent control in a local rent area set forth in section 2100.8 of this Part.
(c) Office of the Tenant Protection Unit (TPU). The office of the commission designated by the administrator to investigate and prosecute violations of the ETPA, the Rent Stabilization Law and the city and State rent laws. In furtherance of such designation, the TPU may invoke all authority under the ETPA, Rent Stabilization Law, and the State and city rent laws and the regulations thereunder that inures to the commissioner, commission or the Office of Rent Administration. However, nothing contained herein shall limit the mission and authority of the commission to administer and enforce the ETPA, the Rent Stabilization Law, and the city and State rent laws and all such regulations promulgated thereunder.
(d)Local rent office.

The office of the commissioner for a particular rent area as set forth in section 2100.8 of this Part.

(e)Essential services.

Those essential services which the landlord was providing, or which he was obligated to provide, on March 1, 1950, and which were included with the maximum rent for the housing accommodations on that date. These may include, for example, any or all of the following: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, telephone, elevator service, kitchen, bath and laundry facilities and privileges, maid service, linen service, janitor service and removal of refuse.

(f)Apartment.

A room or rooms providing facilities commonly regarded in the community as necessary for a self-contained family unit but not including housing accommodations located in a rooming house or hotel.

(g)Rooming house.

In addition to its customary usage, a building or portion of a building, other than an apartment rented for single-room occupancy, in which housing accommodations are rented on a short term basis of daily, weekly or monthly occupancy to more than two paying tenants, not members of the landlord's immediate family provided that the landlord has satisfied all of the requirements of the authorities having jurisdiction over such establishments. The term shall include boarding houses, dormitories, trailers not a part of a motor court, residence clubs, tourist homes and all other establishments of a similar nature, except a hotel or a motor court. Where a landlord has not satisfied all of the requirements of the authorities having jurisdiction over such establishments, none of the housing accommodations within such establishment shall be deemed rooming house accommodations within the purview of this Subchapter.

(h)Hotel.

Notwithstanding any order, finding, opinion or determination made or issued by the administrator at any time prior to June 30, 1959, any establishment which complies with the requirements for hotels of the public authorities having jurisdiction over such establishments, and which on March 1, 1950 was and still is commonly regarded as a hotel and in which at least an appreciable number of its occupants were and still are provided with customary hotel services such as maid service, furnishing and laundering of linen, telephone and secretarial or desk service, use and upkeep of furniture and fixtures, and bellboy service, or which services were and still are available with or without cost; provided, however, that the term hotel shall not include any establishment which is commonly regarded in the community as a rooming house, irrespective whether such establishment provides some services customarily provided by hotels, or is represented to be a hotel, or both. Any establishment not identified or classified as a "hotel", "transient hotel" or "residential hotel" pursuant to the Federal act shall not be deemed to be a hotel.

(i)Hotel tenant.

A tenant, subtenant, lessee, sublessee or other person entitled to the possession or to the use or occupancy of any housing accommodation within a hotel in the city of Buffalo who has resided in such hotel continuously for 90 days or more prior to March 1, 1950.

(j)Primary residence.

Although no single factor shall be solely determinative, evidence which may be considered in determining whether a housing accommodation subject to this Subchapter is occupied as a primary residence shall include, without limitation, such factors as listed below:

(1) specification by an occupant of an address other than such housing accommodation as a place of residence on any tax return, motor vehicle registration, driver's license or other document filed with a public agency;
(2) use by an occupant of an address other than such housing accommodation as a voting address;
(3) occupancy of the housing accommodation for an aggregate of less than 183 days in the most recent calendar year, except for temporary periods of relocation pursuant to section 2104.6(d)(1) of this Title; or
(4) subletting of the housing accommodation.
(k) Common Ownership. For purposes of section 2102.3 of this Part, Common Ownership shall be defined as any identity of interest or relationship based on family ties or financial interest between the owner/managing agent of a property and any other entity with which the owner/managing agent conducts business.
(l) DHCR. The New York State Division of Housing and Community Renewal, an executive agency component of New York State Homes and Community Renewal.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2100.3

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023