N.Y. Comp. Codes R. & Regs. tit. 9 § 2101.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 2101.1 - Maximum rents for housing accommodations, except in hotels

(a) Except as otherwise provided in this section, the maximum rent for housing accommodations outside the City of New York shall be the maximum rent which was established on March 1, 1950 pursuant to the Federal act, and shall not include adjustments granted by orders issued under the Federal act after that date, regardless of whether they were made effective as of, or retroactive to, that date or a date prior thereto.

(b) For housing accommodations within the City of Buffalo which on March 1, 1950 had no maximum rent established pursuant to the Federal act, but which were subject to a maximum rent established pursuant to the local laws of the City of Buffalo, the maximum rent shall be the rent established on March 1, 1950 pursuant to such local laws.

(c) For housing accommodations first rented after March 1, 1950, or where there has been a change thereafter in rooming houses in the number of occupants or terms of occupancy, the maximum rent shall be the first rent for such accommodations, provided the landlord shall register the accommodations by May 15, 1950, or within 15 days from the time of first renting, whichever is later, as provided in section 2103.3 of this Title. The administrator may order a decrease in the maximum rent, as provided in section 2102.4(a) of this Title where said maximum rent is substantially higher than the maximum rents for comparable housing accommodations, giving due consideration to any factors bearing on the equities involved. If the landlord fails to file a proper registration statement within the time specified, such renting shall not constitute the establishment of a maximum rent and the administrator may fix the maximum rent as provided in section 2102.6 of this Title. For the purposes of this subdivision, the term "housing accommodations first rented after March 1, 1950" shall not include an accommodation changed from unfurnished to furnished, or an apartment, in whole or in part, changed into a rooming house or rented, in whole or in part, to more than one tenant, in which cases the prior maximum rent for such accommodation shall be the maximum rent, unless and until the administrator shall grant an adjustment in or fix such maximum rent as provided in Part 2102 of this Title.

(d) For housing accommodations in rooming houses, where the number of occupants or the term of occupancy for housing accommodations rented prior to March 1, 1950 was thereafter changed and no registration statement has been filed for such number of occupants or term of occupancy under the Federal act, the maximum rent shall be the rent charged for such changed term of occupancy or for the changed number of occupants but not more than the maximum rent for similar housing accommodations for the same term or number of occupants in the same establishment provided the landlord shall file a proper and timely registration statement by May 15, 1950, or within 15 days from the date of such renting, whichever is later, as required by section 2103.3 of this Title. The administrator may order a decrease in the maximum rent so established in accordance with the provisions of section 2102.4(a) of this Title. If the landlord fails to file such proper and timely registration statement, the administrator may establish the maximum rent as provided in section 2102.6 of this Title.

(e) Any tenant in a rooming house on a daily term of occupancy who has resided in such rooming house on such daily basis continuously for a period of more than seven days shall, upon written request to the landlord, be permitted by the landlord to change to a weekly term of occupancy. Such written request shall be sent to the landlord by registered mail, return receipt requested.

(f) For housing accommodations in rooming houses no maximum rent may be established upon the basis of renting to more than three occupants in a single room.

(g) For housing accommodations in rooming houses created by conversion on or after February 1, 1974, including those decontrolled by order pursuant to the Federal act or this Subchapter, the maximum rent shall be the rent charged on January 1, 1959, or the date of first renting, whichever is later, subject, however, to reduction as provided in section 2102.4 of this Title. Any housing accommodations for which a maximum rent is established by this subdivision shall on and after June 30, 1959 be deemed a housing accommodation for all the purposes of this Subchapter.

(h) For housing accommodations created by a change from a nonhousing to a housing use or by conversion on or after February 1, 1947, including those decontrolled by order pursuant to the Federal act or this Subchapter, and which are certified by a municipal department having jurisdiction to be a fire hazard or in a continued dangerous condition or detrimental to life or health, the maximum rent shall be the rent charged on January 1, 1957, or the date of first renting, whichever is later, subject, however, to reduction as provided in section 2102.4(c) of this Title. Any housing accommodations for which a maximum rent is established by this subdivision shall be deemed a housing accommodation for all the purposes of this Subchapter, but only so long as such illegal or hazardous condition continues and without further certification with respect thereto.

(i) For housing accommodations in any establishment which had been deemed to be a hotel by reason of an order, finding, opinion or determination made or issued by the administrator at any time prior to June 30, 1959 and which is found by the administrator not be a hotel as defined by section 2100.3(g) of this Title the maximum rent shall be the rent charged on July 1, 1959 or the date of first renting, whichever is later, notwithstanding the prior establishment of a maximum rent for such housing accommodations pursuant to the Federal act or this Subchapter, subject, however, to reduction as provided in section 2102.4(e) of this Title.

(j) For housing accommodations which were not subject to rent control because they were located in an establishment which was a hotel on March 1, 1950, the maximum rent shall be established by order of the administrator pursuant to section 2102.6(e) of this Title, where the administrator finds the establishment is no longer a hotel.

(k) For housing accommodations within the City of Albany, the maximum rent shall be that rent which was lawfully chargeable therefor on April 1, 1962, or where the accommodation was vacant on said date, the first rent thereafter lawfully charged.

(l) For housing accommodations within the City of Mount Vernon, which were subject to the provisions of the Federal act on June 1, 1983 and not decontrolled thereafter by reason of a vacancy. The maximum rent shall be that rent which was lawfully chargeable therefor on June 1, 1983 and thereafter the maximum rents shall be and continue in force and effect for such housing accommodations within the city until changed, abolished, or decontrolled in accordance with the applicable provisions of the Federal act and this Subchapter. All provisions of the Federal act and this Subchapter applying generally with respect to maximum rents for such housing accommodations and evictions therefrom shall apply with respect thereto.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2101.1