N.Y. Comp. Codes R. & Regs. tit. 9 § 2102.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2102.6 - Orders where the maximum rent or other facts are in dispute, in doubt, or not known, or where maximum rent must be fixed

(a) Where the maximum rent or any fact necessary to the determination of the maximum rent, or the dwelling space, essential services, furniture, furnishings or equipment required to be provided with the accommodation, is in dispute between the landlord and the tenant, or is in doubt, or is not known, or is prescribed by section 2101.1(i) or (j) of this Title, the administrator at any time upon written request of either party, or on his own initiative, may issue an order determining the facts including the amount of the maximum rent, the dwelling space, essential services, furniture, furnishings and equipment, required to be provided with the accommodations. Such order shall determine such facts or establish the maximum rent as of May 1, 1950 or the date of first renting, whichever is later, except where the maximum rent is prescribed by section 2101.1(i) or (j) of this Title. Where such order establishes the maximum rent it may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final. Where the maximum rent is prescribed by section 2101.1(i) of this Title, the administrator shall determine the date upon which the housing accommodations became subject to this Subchapter and establish the maximum rent on the basis of the rent charged on January 1, 1957 or the date of first renting, whichever is later.

(b) Where the landlord has failed to file an application or report required by section 2102.5(a) and (b) of this Part, the administrator at any time upon written request of either party, or on his own initiative, may issue an order establishing the maximum rent by decreasing the previous maximum rent of the housing accommodations by that amount which the administrator finds to be the reduction in the rental value of the housing accommodations because of the decrease in dwelling space, essential services, furniture, furnishings or equipment. The administrator may take into consideration all factors bearing on the equities involved. Such order shall establish the maximum rent as of the date of decrease of such dwelling space, essential services, furniture, furnishings or equipment or as of May 1, 1950, whichever is later, and may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final.

(c) Where no registration statement had been filed prior to May 1, 1950 under the Federal Act, or after that date as is required by this Subchapter, the administrator at any time upon written request of either party, or on his own initiative, may, when he cannot determine the maximum rent pursuant to subdivision (a) of this section, issue an order fixing a maximum rent which may be established on the basis of the maximum rent for comparable housing accommodations. Where there are maximum rents in effect in the same establishment, these may be used as comparable housing accommodations, in the discretion of the administrator. In cases of a change in the number of occupants or terms of occupancy in rooming houses, the maximum rent may be established upon the basis of the amount by which the landlord has customarily varied his rent for such change in the number of occupants or terms of occupancy as reflected in the maximum rents in effect on March 1, 1950. Where the landlord has no customary variation the administrator may issue an order fixing the maximum rent for such rooms, units or occupancy based upon the rental value of the change in occupancy or in terms of occupancy, after taking into consideration the previous maximum rent therefor. The administrator may take into consideration all factors bearing on the equities involved. Such order shall fix the maximum rent as of May 1, 1950, or the date of first renting, whichever is later, and may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final.

(d) Where no proper or timely registration statement has been filed as is required by this Subchapter, the administrator may issue an order fixing a maximum rent on the basis of the maximum rents for comparable housing accommodations, as set forth more specifically in subdivision (c) of this section, after taking into consideration all other factors bearing on the equities involved. Such order shall be effective as of May 1, 1950, or the date of such first renting, whichever is later, and may contain a directive that all rent collected by the landlord in excess of the maximum rent established under this subdivision for a period not exceeding two years prior to the date of its issuance shall be refunded to the tenant within 30 days after such order shall become final, provided the administrator shall have instituted a proceeding to establish such maximum rent by May 1, 1952, or within three months from the time of filing of such registration statement, whichever is later. If the administrator fails to institute a proceeding to establish such maximum rent by May 1, 1952 or within three months from the time of filing of such registration statement, whichever is later, any order issued fixing the maximum rent under this subdivision shall be effective as of the date of the issuance of the order.

(e) Where it is necessary for the administrator to determine whether an establishment which was a hotel on March 1, 1950 is still a hotel, the administrator shall issue an order determining such fact. Where the administrator finds that an establishment is no longer a hotel, he shall issue orders fixing maximum rents for the housing accommodations within such establishment which were not subject to rent control. The maximum rents so fixed shall be based upon the maximum rents for comparable housing accommodations taking into consideration all factors bearing upon the equities. Such orders shall be effective as of the date of issuance.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2102.6