N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 2520.6 - Definitions

(a) Housing accommodation. That part of any building or structure, occupied or intended to be occupied by one or more individuals as a residence, home, dwelling unit or apartment, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof. The term housing accommodation will also apply to any plot or parcel of land which had been regulated pursuant to the City of Rent Law prior to July 1, 1971, and which became subject to the RSL after June 30, 1974.

(b) Hotel. Any Class A or Class B multiple dwelling which provides all of the services included in the rent as set forth in section 2521.3 of this Title.

(c) Rent. Consideration, charge, fee or other thing of value, including any bonus, benefit or gratuity demanded or received for, or in connection with, the use or occupation of housing accommodations or the transfer of alease for such housing accommodations. Rent shall not include surcharges authorized pursuant to section 2522.10 of this Title nor for the purposes of any summary eviction proceeding such fees, charges or penalties; however, any such excess payments even if denominated as fees, charges or penalties may be considered aviolation under Part 2525 or an overcharge under Part 2526 of this Code.

(d) Tenant. Any person or persons named on a lease as lessee or lessees, or who is or are a party or parties to a rental agreement and obligated to pay rent for the use or occupancy of a housing accommodation or is entitled to occupy the housing accommodation as a tenant pursuant to any other provision of this Code.

(e) Legal regulated rent. The rent charged on the base date set forth in subdivision (f) of this section, plus any subsequent lawful increases and adjustments.

(f) Base date. For all purposes other than for the purpose of proceedings pursuant to sections 2522.3, 2526.1 and 2526.7 of this Title, base date shall mean the date which is the most recent of:

(1) For claims filed before June 14, 2019, the date four years prior to the filing date of such claim except where a special provision of this Code, the RSL or other law required maintenance of records or review for a longer period.

(2) For claims filed on or after June 14, 2019, the base date shall be June 14, 2015.

(3) The date on which the housing accommodation first became subject to the RSL; or

(4) April 1, 1984, for complaints filed on or before March 31, 1988 for housing accommodations for which initial registrations were required to be filed by June 30, 1984, and for which a timely challenge was not filed.

(g) Vacancy lease. The first lease or rental agreement for a housing accommodation that is entered into between an owner and a tenant.

(h) Renewal lease. Any extension of a tenant's lawful occupancy of a housing accommodation pursuant to section 2523.5 of this Title.

(i) Owner. A fee owner, lessor, sublessor, assignee, net lessee, or a proprietary lessee of a housing accommodation in a structure or premises owned by a cooperative corporation or association, or an owner of a condominium unit of the sponsor of such cooperative corporation or association or condominium development, or any other person or entity receiving or entitled to receive rent for the use or occupation of any housing accommodation, or an agent of any of the foregoing, but such agent shall only commence a proceeding pursuant to section 2524.5 of this Title, in the name of such foregoing principals. Any separate entity that is owned, in whole or in part, by an entity that is considered an owner pursuant to this subdivision, and which provides only utility services shall itself not be considered an owner pursuant to this subdivision. Except as is otherwise provided in sections 2522.3 and 2526.1(f) of this Title, a court-appointed receiver shall be considered an owner pursuant to this subdivision.

(j) Permanent tenant. For housing accommodations located in hotels, an individual or such individual's family members residing with such individual, who have continuously resided in the same building as a principal residence for a period of at least six months. In addition, a hotel occupant who requests a lease of six months or more pursuant to section 2522.5(a)(2) of this Title, or who is in occupancy pursuant to a lease of six months or more shall be a permanent tenant even if actual occupancy is less than six months. Unless otherwise specified, reference in this Code to "tenant" shall include permanent tenant with respect to hotels.

(k) Subtenant or sublessee. Any person lawfully occupying the housing accommodation pursuant to an agreement with the tenant by authority of the lease or by virtue of rights afforded pursuant to section 226-b of the Real Property Law. Such person shall be entitled to all of the benefits of and be subject to all of the obligations of this Code except the right to renew, and the right to purchase upon conversion to cooperative or condominium ownership.

(l) Occupant. Any person occupying a housing accommodation as defined in and pursuant to section 235-f of the Real Property Law. Such person shall not be considered a tenant for the purposes of this Code.

(m) Hotel occupant. Any person residing in a housing accommodation in a hotel who is not a permanent tenant. Such person shall not be considered a tenant for the purposes of this Code, but shall be entitled to become a permanent tenant as defined in subdivision (j) of this section, upon compliance with the procedure set forth in such subdivision.

(n) Immediate family. A spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the owner.

(o) Family member.

(1) A spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant or permanent tenant.

(2) Any other person residing with the tenant or permanent tenant in the housing accommodation as a primary or principal residence, respectively, who can prove emotional and financial commitment, and interdependence between such person and the tenant or permanent tenant. Although no single factor shall be soley determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed, may include, without limitation, such factors as listed below. In no event would evidence of a sexual relationship between such persons be required or considered:

(i) longevity of the relationship;

(ii) sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;

(iii) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;

(iv) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;

(v) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, granting each other a power of attorney and/or conferring upon each other authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.;

(vi) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions;

(vii) regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services;

(viii) engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotionally committed relationship.

(p) Common Ownership. For the purposes of Section 2522.4 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.

(q) Disabled person. Except as provided pursuant to section 2523.5(b)(4) of this Title (Renewal of Lease), a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which prevent such person from engaging in any substantial gainful employment.

(r) Required services.

(1) That space and those services which the owner was maintaining or was required to maintain on the applicable base dates set forth below, and any additional space or services provided or required to be provided thereafter by applicable law. These may include, but are not limited to, the following: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, elevator services, janitorial services and removal of refuse.

(2) For housing accommodations located in hotels in addition to the definition set forth in paragraph (1) of this subdivision, required services shall also include the services set forth in section 2521.3 of this Title, and any other services provided, or required to be provided by applicable law on the applicable base dates set forth below, including but not limited to telephone switchboard, bellhop, secretarial, and front desk services.

(3) Ancillary services. That space and those required services not contained within the individual housing accommodation which the owner was providing on the applicable base dates set forth below, and any additional space and services provided or required to be provided thereafter by applicable law. These may include, but are not limited to, garage facilities, laundry facilities, recreational facilities, and security. Such ancillary services are subject to the following provisions:

(i) No owner shall require a tenant or prospective tenant to lease, rent or pay for an ancillary service, other than security, as a condition of renting a housing accommodation.

(ii) Where an ancillary service is provided to a tenant pursuant to a lease or rental agreement separate and apart from the lease or rental agreement for the housing accommodation occupied by the tenant, the tenant shall not be required to renew such lease, or rental agreement, for the ancillary service upon the expiration of such lease or rental agreement.

(iii) Where an ancillary service is provided to a tenant pursuant to a lease or rental agreement for a housing accommodation, whether at a charge separate and apart from the rental of the housing accommodation, or included in the legal regulated rent, the tenant may be required to renew the rental term for the ancillary service upon the renewal of the lease for the housing accommodation. However, where the owner requires a tenant to continue such ancillary service, the owner may not unreasonably withhold consent to the tenant to sublet for the term of each renewal lease, the space or other facility constituting the ancillary service.

(iv) For housing accommodations located in hotels, where telephone switchboard service is not provided or required to be provided pursuant to paragraph (2) of this subdivision, an owner shall not deny a permanent tenant permission to install a private telephone, provided that such installation shall not cause undue economic hardship to the owner, nor shall an owner cause the removal of a pay telephone from the premises.

(4) The base dates for required services shall be:

(i) for housing accommodations subject to the RSL on June 30, 1974, for building-wide and individual dwelling unit services: May 31, 1968;

(ii) for housing accommodations subject to the RSL pursuant to section 421-a of the Real Property Tax Law, for building-wide and individual dwelling unit services: the date of issuance of the initial Certificate of Occupancy;

(iii) for housing accommodations subject to the RSL on June 30, 1971, and exempted thereafter as a result of a vacancy prior to June 30, 1974, for building-wide services: May 31, 1968; for individual dwelling unit services: May 29, 1974;

(iv) for dwelling units which became subject to the RSL on July 1, 1974, pursuant to section 423 of the Real Property Tax Law, for building-wide and individual unit services: May 29, 1974, except that for housing accommodations in the Riverton Apartments at East 138th Street, Manhattan, which became subject to the RSL on July 1, 1974, pursuant to an initial legal regulated rent date of June 30, 1973, for building-wide and individual dwelling unit services: June 30, 1973;

(v) for housing accommodations which are subject to this Code solely as a condition of receiving or continuing to receive benefits pursuant to section 11-243 (formerly J51-2.5) or 11-244 (formerly J51-5.0) of the Administrative Code of the City of New York, as amended, for building-wide and individual unit services: January 1, 1976, or the date of the issuance of a Certificate of Reasonable Cost, whichever is later;

(vi) for housing accommodations for which rents are established by governmental agencies pursuant to the PHFL, or which are first made subject to this Code pursuant to the PHFL, the building-wide and individual unit services which were required for approval in connection with the establishment of initial rents pursuant to the PHFL: the effective date of the initial rents;

(vii) for housing accommodations whose rentals were previously regulated under the PHFL or any other State or Federal law, other than the RSL or the City Rent Law: the date such regulation ends;

(viii) for housing accommodations contained in Class B multiple dwelling units, including single room occupancy facilities, rooming houses or rooming units made subject to the ETPA on June 4, 1981, for building-wide and individual dwelling unit services: June 4, 1981;

(ix) for housing accommodations which are first made subject to this Code pursuant to article 7-C of the MDL, for building-wide and individual dwelling unit services: the effective date of the initial rents established by the Loft Board;

(x) for all other housing accommodations not subject to the RSL on June 30, 1974, which become subject to the RSL on or after July 1, 1974 pursuant to the ETPA, for building-wide and individual dwelling unit services: May 29, 1974;

(xi) A service as defined in paragraph (3) of this subdivision for which there is or was a separate charge, shall not be subject to the provisions of this Code where no common ownership between the operator of such service and the owner exists or existed on the applicable base date, or at any time subsequent thereto, and such service is or was provided on the applicable base date and at all times thereafter by an independent contractor pursuant to a contract or agreement with the owner. Where, however, on the applicable base date or at any time subsequent thereto, there is or was a separate charge, and there is or was common ownership, directly or indirectly, between the operator of such service and the owner, or the service was provided by the owner, any increase, other than the charge provided in the initial agreement with a tenant to lease, rent or pay for such service, shall conform to the applicable rent guidelines rate. However, notwithstanding such common ownership, where such service was not provided primarily for the use of tenants in the building or building complex on the applicable base date or at any time subsequent thereto, such increases shall not be subject to any guidelines limitations.

(5) Each housing accommodation must be painted at least once every three years in compliance with title 27 of the Administrative Code of the City of New York (the Housing Maintenance Code). In no event shall a tenant be required to pay a painting deposit or to contribute to the cost of the painting except to the extent the owner agrees to provide services in connection with the painting which are not required, and the tenant consents in writing to pay therefor. Any painting deposit previously required shall be returned to the tenant on renewal of his or her lease.

(s) Documents. Records, books, accounts, correspondence, memoranda and other documents, and copies, including microphotographic or electronically stored or transmitted copies, of any of the foregoing.

(t) Final order. A final order shall be an order of a rent administrator not appealed to the commissioner within the period authorized pursuant to section 2529.2 of this Title, or an order of the commissioner, unless such order remands the proceeding for further consideration.

(u) Primary residence. Although no single factor shall be solely determinative, evidence which may be considered in determining whether a housing accommodation subject to this Code 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 2523.5(b)(2) of this Title; and

(4) subletting of the housing accommodation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2520.6

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