N.Y. Comp. Codes R. & Regs. tit. 9 § 2200.2

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

Section 2200.2 - Statutory definitions

When used in these regulations, unless a different meaning clearly appears from the content, the following terms shall mean and include:

(a) Administrator. The Commissioner of the Division of Housing and Community Renewal.

(b) City. The City of New York or an administrative agency of the City of New York.

(c) Documents. Records, books, accounts, correspondence, memoranda and other documents, and drafts and copies of any of the foregoing.

(d) Federal act. The Emergency Price Control Act of 1942, and as thereafter amended and as superseded by the Housing and Rent Act of 1947, and as the latter was thereafter amended prior to May 1, 1950, and the regulations adopted pursuant thereto.

(e) Housing accommodations. Subject to the provisions of subdivisions (f) and (g) of this section, any building or structure, permanent or temporary, or any part thereof, occupied or intended to be occupied by one or more individuals as a residence, home, sleeping place, boarding house, lodging house or hotel, together with the land and buildings appurtenant thereto, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof, and any plot or parcel of land (as distinguished from any building constructed or placed thereon) which is not owned by the city and which was rented prior to May 1, 1950, for the purpose of permitting the tenant thereof to construct thereon his own building or structure designed exclusively for residential occupancy by not more than two families, and on which there exists such a building or structure owned and occupied by a tenant of such plot or parcel, including:

(1) entire structures or premises, as distinguished from the individual housing accommodations contained therein, wherein 25 or fewer rooms are rented or offered for rent by any lessee, sublessee or other tenant of the entire structure or premises, and where such lessee, sublessee or other tenant occupies a portion of the structure or premises as his dwelling;

(2) housing accommodations in any multiple dwelling aided by a loan made by the city under article 8 of the Private Housing Finance Law, provided that where any such housing accommodations were not subject to rent control immediately prior to the first date on which moneys are advanced to the landlord under the loan, or the occupancy date as defined in such article 8, whichever is earlier:

(i) rent control hereunder as to such housing accommodations shall begin on such earlier date; and

(ii) such control shall continue only so long as is required by such article 8;

(3) housing accommodations in any multiple dwelling with respect to which tax exemption and tax abatement under section J51-2.5 of the Administrative Code of the City of New York begin after April 30, 1962, notwithstanding that immediately prior to the date when such tax exemption and tax abatement begin, such housing accommodations may not have been subject to control. Where any such housing accommodations were not controlled immediately prior to such date:

(i) they shall become subject to control when tax exemption and tax abatement begin; and

(ii) they shall remain subject to control until the date on which such tax exemption or tax abatement terminates, whichever is later; and

(4) housing accommodations which become subject to control pursuant to the provisions of paragraph (5), (9), (10), (11), (12), (13) or (14) of subdivision (f) of this section or section 2200.9 of this Part.

(f) Housing accommodations not subject to control. Notwithstanding the foregoing definition of housing accommodations, these regulations shall not apply to the following:

(1)

(i) Leases for entire structures or premises as distinguished from the individual housing accommodations therein contained, wherein more than 25 rooms are rented or offered for rent by any lessee, subleasee or other tenant of such entire structure or premises;

(ii) leases for entire structures or premises as distinguished from the individual housing accommodations therein, wherein 25 or fewer rooms are rented or offered for rent by any lessee, sublessee or other tenant of such entire structure or premises, where such lessee, sublessee or other tenant does not occupy any portion of the structure or premises as his dwelling and sublets, as an entrepreneur for his own profit, the individual rooms to subtenants; or

(iii) leases for entire structures or premises in which all of the housing accommodations are exempt or not subject to control under these regulations.

(2) A hospital, convent, monastery, asylum, public institution, or college or school dormitory or any institution operated exclusively for charitable or educational purposes on a nonprofit basis.

(3) Rooms or other housing accommodations in hotels, except that a room or housing accommodation occupied by a hotel tenant as defined in these regulations, is subject to these regulations so long as such tenant occupies the same.

(4)

(i) Any motor court, or any part thereof; any trailer or trailer space used exclusively for transient occupancy or any part thereof; or any tourist home serving transient guests exclusively, or any part thereof.

(ii) The term motor court shall mean an establishment renting rooms, cottages or cabins, supplying parking or storage facilities for motor vehicles in connection with such renting, and other services and facilities customarily supplied by such establishments, and commonly known as a motor, auto or tourist court in the city.

(iii) The term tourist home shall mean a rooming house which caters primarily to transient guests and is known as a tourist home in the city.

(5) Nonhousekeeping, furnished housing accommodations, located within a single dwelling unit not used as a rooming or boarding house, but only if:

(i) no more than two tenants for whom rent is paid (spouses being considered one tenant for this purpose), not members of the landlord's immediate family, live in such dwelling unit; and

(ii) the remaining portion of such dwelling unit is occupied by the landlord or his immediate family.

(6) Housing accommodations owned and operated by the United States, the State of New York, the City of New York, or the New York City Housing Authority; or owned by the city and under the supervision of the City Department of Housing Preservation and Development pursuant to section 1802, subdivision 8 of chapter 61 of the City Charter; or housing accommodations in buildings in which rentals are fixed by or subject to the supervision of the commissioner of the Division of Housing and Community Renewal.

(7) Housing accommodations in buildings operated exclusively for charitable purposes on a nonprofit basis.

(8) Housing accommodations which were completed on or after February 1, 1947, except:

(i) accommodations resulting from substantial demolition, as defined in section 2200.10(c) of this Part, which shall continue to be subject to control unless the administrator shall issue an order decontrolling them pursuant to section 2200.10; or

(ii) where the former structure, or any lesser portion thereof, was vacated on or after November 22, 1963 other than by voluntary surrender of possession or in the manner provided by Part 2204 of this Title; provided, however, that maximum rents established under the Veterans' Emergency Housing Act, for priority-constructed housing accommodations completed on or after February 1, 1947, shall continue in full force and effect if such accommodations are being rented to veterans of World War II or their immediate families who, on June 30, 1947 either occupied such housing accommodations or had a right to occupy such accommodations at any time on or after July 1, 1947, under any agreement whether written or oral.

(9) Housing accommodations created by a change from a nonhousing use to a housing use on or after February 1, 1947, but only if the space comprising such accommodations was devoted to a nonhousing use on February 1, 1947; provided that any such housing accommodations shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based. Such housing accommodations shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy.

(10) Additional housing accommodations, other than rooming house accommodations, created by conversion on or after February 1, 1947; provided, however:

(i) that any housing accommodations created as a result of any such conversion on or after May 1, 1950 shall continue to be subject to control unless the State Rent Commission issued an order decontrolling them, or the administrator shall issue an order decontrolling them pursuant to section 2200.9 of this Part;

(ii) that such accommodations shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy; and

(iii) that any such housing accommodation shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.

(11) Housing accommodations rented after April 1, 1953, which were or are continuously occupied by the owner thereof for a period of one year prior to the date of renting; provided, however, that this paragraph shall not apply:

(i) where, within the two-year period immediately preceding the date of such renting, the owner acquired possession of the housing accommodations after the issuance of an eviction certificate by the State Rent Commission, pursuant to section 5 (2) of the State Rent Act, or by the administrator pursuant to Part 2204 of this Title; and

(ii) to any housing accommodation rented on or after May 1, 1962, where decontrol as previously obtained under section 2 (2)(h) of the State Rent Act or under this subdivision for any housing accommodation in the same building. Such housing accommodations shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy. Any such housing accommodation shall become subject to control if, while in such decontrolled status it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.

(12) Housing accommodations in one- and two-family houses which were or shall become vacant on or after April 1, 1953; provided, however, that such accommodations shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy. Any such housing accommodation shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.

(13)

(i) Housing accommodations which are not subject to rent control by reason of the provisions of Decontrol Order No. 51 of the State Rent Commission and section 9(18) of the Rent and Eviction Regulations adopted by the State Rent Administrator, as continued in effect by the Rent Law.

(ii) Such housing accommodations shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy.

(iii) Any such housing accommodation shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.

(14)

(i) Individual housing accommodations having unfurnished maximum rents of $250 or more per month as of April 1, 1960, or furnished maximum rents of $300 or more per month as of April 1, 1960, which are or become vacant on or after March 26, 1964; or

(ii) On and after October 1, 1964 individual housing accommodations having unfurnished maximum rents of $300 or more per month as of April 1, 1960, or furnished maximum rents of $360 or more per month as of April 1, 1960; provided, however, that where such housing accommodation is occupied by a tenant whose household contains one or more children attending an elementary or secondary school, such housing accommodation shall continue to remain subject to control under the Rent Law and these regulations until June 30, 1965; and provided, further, that where such housing accommodation is occupied on March 26, 1964 by a tenant whose household contains four or more related persons, it shall continue to remain subject to control under the Rent Law and these regulations so long as such tenant remains in occupancy; or

(iii) On and after April 1, 1965, individual housing accommodations having unfurnished maximum rents of $250 to $299.99, inclusive, per month as of April 1, 1960, or furnished maximum rents of $300 to $359.99, inclusive, per month as of April 1, 1960; provided, however, that where such housing accommodation is occupied by a tenant whose household contains one or more children attending an elementary or secondary school, such housing accommodation shall continue to remain subject to control under the Rent Law and these regulations until June 30, 1965; and provided, further, that where such housing accommodation is occupied on March 26, 1964 by a tenant whose household contains four or more related persons, it shall continue to remain subject to control under the Rent Law and these regulations so long as such tenant remains in occupancy.

(iv) The exemptions provided for in this paragraph shall remain effective only so long as the housing accommodations are not occupied for other than single-family occupancy.

(v) The term related persons as used in this paragraph shall be limited to the tenant and a parent, grandparent, child, stepchild, grandchild, brother or sister of the tenant or of the tenant's spouse, or the spouse of any of the foregoing, who customarily occupied the housing accommodation on and before March 26, 1964. An unmarried child or grandchild of the tenant or the tenant's spouse who temporarily resided elsewhere on such date because of attendance at an educational institution or service in the Armed Forces of the United States shall be deemed to be a related person in occupancy.

(vi) Any such housing accommodation shall become subject to control if, while in such decontrolled status, it is certified, by a city agency having jurisdiction, to be a fire hazard or in a continued dangerous condition or detrimental to life or health; and once subject to control, it shall continue to be subject to control, notwithstanding the subsequent removal of the conditions on which such certification was based.

(15)

(i) Individual housing accommodations having unfurnished maximum rents of $250 or more per month as of April 1, 1965, or furnished maximum rents of $300 or more per month as of April 1, 1965, which are or became vacant after January 29, 1968 by voluntary surrender of possession or in the manner provided by Part 2204 of this Title; or

(ii) On and after October 1, 1968, individual housing accommodations consisting of less than three rooms having unfurnished maximum rents of $250 or more per month as of April 1, 1965, or furnished maximum rents of $300 or more per month as of April 1, 1965; or

(iii) On and after October 1, 1968, individual housing accommodations consisting of at least three rooms and less than four rooms having unfurnished maximum rents of $250 or more per month as of April 1, 1965, or furnished maximum rents of $300 or more per month as of April 1, 1965, provided that such housing accommodation shall continue to remain subject to control until it becomes vacant as provided in subparagraph (i) of this paragraph, where it was occupied on January 29, 1968 by a tenant whose household then consisted of four or more related persons, as such term is defined (a single parent or a single head of the household being deemed to be two persons, for the purpose of this provision, when residing with one or more dependent children); and provided, further, that such housing accommodation shall also continue to remain subject to control where occupied by less than four related persons on January 29, 1968 until October 1, 1969, unless a written lease has been executed, or the landlord has offered such lease to the tenant by certified mail prior to June 1, 1968 or between September 1, 1968 and September 15, 1968, both dates inclusive, which lease:

(a) shall be for a term of at least one year commencing October 1, 1968, or commencing from the date of expiration of any existing lease expiring on or after October 1, 1968;

(b) may provide for a monthly rent not exceeding 10 percent above the maximum rent in effect on the date of its execution;

(c) shall contain a certification by the landlord that he will continue to maintain all essential services furnished or required by the Rent Law to be furnished on the date of execution of the lease during the lease term; and

(d) shall give the tenant an option to cancel the lease by giving the landlord at least 30 days' written notice by certified mail prior to the date when such cancellation shall take effect; or

(iv) On and after October 1, 1968 individual housing accommodations consisting of four or more rooms having unfurnished maximum rents of $250 or more per month as of April 1, 1965, or furnished maximum rents of $300 or more per month as of April 1, 1965, provided that such housing accommodation shall continue to remain subject to control until it becomes vacant as provided in subparagraph (i) of this paragraph, where it was occupied on January 29, 1968 by a tenant whose household then consisted of four or more related persons, as such term is herein defined (a single parent or a single head of the household being deemed to be two persons, for the purpose of this provision, when residing with one or more dependent children); and provided, further, that such housing accommodations shall also continue to remain subject to control where occupied by less than four related persons on January 29, 1968 until October 1, 1970, unless a written lease has been executed, or the landlord has offered such lease to the tenant by certified mail prior to June 1, 1968 or between September 1, 1968 and September 15, 1968, both dates inclusive, which lease:

(a) shall be for a term of at least two years commencing October 1, 1968, or from the date of expiration of any existing lease expiring on or after October 1, 1968;

(b) may provide for a monthly rental not exceeding 10 percent above the maximum rent in effect on the date of its execution during the first year of its term, and for an additional 10 percent, above the rent payable during the first year, for the second year of its term;

(c) shall contain a certification by the landlord that he will continue to maintain all essential services furnished or required by the Rent Law to be furnished on the date of execution of the lease during the lease term; and

(d) shall give the tenant an option to cancel the lease by giving the landlord at least 30 days' written notice by certified mail prior to the date when such cancellation shall take effect.

(v) The exemption provided for in this paragraph shall not apply to entire structures rented by means of an underlying lease, and shall remain effective only so long as the housing accommodations are not occupied for other than single-family occupancy.

(vi) The term related person, as used in this paragraph, shall be limited to the tenant and a parent, grandparent, child, stepchild, grandchild, brother or sister of the tenant or the tenant's spouse, or the spouse of any of the foregoing, who customarily occupied the housing accommodations on January 29, 1968, except that a child of the tenant born or legally adopted on or before July 1, 1968 shall be deemed to have been in occupancy on January 29, 1968, and that an unmarried child or grandchild of the tenant or the tenant's spouse, who temporarily resided elsewhere on January 29, 1968 because of attendance at an educational institution or service in the Armed Forces or in the Peace Corps of the United States, shall be deemed to be a related person in occupancy for the purpose of this paragraph.

(vii) For the purpose of this paragraph, the term maximum rent shall not include any conditional rent increase applicable solely to a tenant in occupancy.

(viii) In computing the number contained in a housing accommodation, such computation shall not include bathrooms, foyers and windowless rooms and shall be limited to living rooms, kitchens (other than an enclosed kitchenette or an area in the living room which is either recessed or semien closed), dining rooms (other than dinettes or dining alcoves) and bedrooms.

(ix) Notwithstanding any provision of this paragraph to the contrary, where the total number of related persons in occupancy shall become less than four, by means other than the demise of any such related person, and results from the permanent moving of any related person other than the tenant or his or her spouse, the landlord may make application after the effective date of this paragraph, and not more than once in any succeeding year, for an order decontrolling such housing accommodations on the basis of such change in occupancy. In the event that such application shall be granted, the administrator shall prescribe the effective date of decontrol, which shall contain conditions consistent with those imposed in this paragraph under similar circumstances.

(16) No more than two housing accommodations in any one-year period, in a structure containing six or fewer housing accommodations in which at least one housing accommodation is occupied by an owner as his residence and which are to become vacant on or after August 1, 1970 by voluntary surrender of possession or pursuant to Part 2204 of this Title; provided, however, that this exemption shall remain effective only so long as the housing accommodations are not occupied for other than single-family occupancy and that, if the owner or his successor cease to occupy a housing accommodation in such structure within one year after decontrol of a housing accommodation pursuant to this paragraph, such decontrolled housing accommodation shall be recontrolled, unless for good cause shown, at a maximum rent established on the basis of the last rent collected while such housing accommodation was in the exempt status; and provided, further, that if the administrator shall make a finding that the landlord for the purpose of obtaining such vacancy had harassed the tenant by engaging in a course of conduct proscribed by section 2205.1(b) of this Title (section Y51-10.0d of the Rent Law), no housing accommodation in such structure shall be decontrolled pursuant to this paragraph until a minimum period of three years shall have elapsed since the making of such finding of harassment. Structures containing six or fewer housing accommodations shall be considered to be structures containing six or fewer housing accommodations for the purpose of this paragraph, notwithstanding that such structure shall contain commercial accommodations in addition to such housing accommodations.

(17) Notwithstanding any provision contained in any other paragraph of this subdivision, housing accommodations which become vacant on or after June 30, 1971 by voluntary surrender of possession or pursuant to Part 2204 of this Title; unless the administrator determines or finds, as provided in section 2206.5(e) of this Title, that the housing accommodations become vacant because the landlord or any person acting on his behalf, with intent to cause the tenant to vacate, engaged in any course of conduct (including but not limited to interruption or discontinuance of essential services) which interfered with or disturbed, or was intended to interfere with or disturb, the comfort, repose, peace or quiet of the tenant in his use or occupancy of the housing accommodation.

(18) Housing accommodations not occupied by the tenant, not including subtenants or occupants, as their primary residence as determined by a court of competent jurisdiction. For the purposes of determining primary residency, a tenant who is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, who has left the unit because of such violence, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as his or her primary residence. In addition, a tenant who has left the housing accommodation and is paying a nominal rent pursuant to Part 2202.17 (13)(iii) of this Title shall be deemed to be occupying the unit as his or her primary residence.

(19) Housing accommodations which:

(i) Effective June 14, 2019, high rent vacancy deregulation is no longer applicable. Any apartment that was lawfully deregulated pursuant to the City Rent and Rehabilitation Law section 26-403(e)(2)(k) shall remain deregulated, notwithstanding that such section was repealed pursuant to Chapters 36 and 39 of the Laws of 2019.

(ii) became vacant on or after April 1, 1994 but before April 1, 1997, with a maximum rent of $2,000 or more per month; or

(iii) became vacant on or after April 1, 1997 but before June 19, 1997, where the maximum rent at the time the tenant vacated was $2,000 or more per month; or

(iv) became or become vacant on or after June 19, 1997 but before June 24, 2011, with a maximum rent of $2,000 or more per month;

(v) became or become vacant on or after June 24, 2011, with a maximum rent of $2,500 or more per month;

(vi) exemption pursuant to this paragraph shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than the applicable amount qualifying for deregulation as provided in this paragraph;

(vii) exemption pursuant to this paragraph shall not apply to housing accommodations which became or become subject to the Rent Law and this Subchapter solely by virtue of the receipt of tax benefits pursuant to section 489 of the Real Property Tax Law;

(viii) exemption pursuant to this paragraph shall not apply to or become effective with respect to housing accommodations for which the administrator determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations. In connection with such course of conduct, any other general enforcement provision of the Rent Law and this Subchapter shall also apply;

(ix) during the period of effectiveness of an order issued pursuant to section 2202.16 of this Title for failure to maintain required services, which lowers the maximum rent below the applicable amount qualifying for deregulation as provided in this paragraph, during the time period specified in this paragraph, a vacancy shall not qualify the housing accommodation for exemption under this paragraph; and

(x) housing accommodations which become exempt from this Subchapter pursuant to this paragraph shall not become subject to the provisions of the Rent Stabilization Code upon being re-rented.

(20) Upon the issuance of an order by the city rent agency, pursuant to the procedures set forth in Part 2211 of this Title, including orders resulting from default, housing accommodations which:

(i) Effective June 14, 2019, high rent high income deregulation is no longer applicable. Any apartment that was lawfully deregulated pursuant to the City Rent and Rehabilitation Law sections 26-403(e)(2)(j) and 26-403.1 shall remain deregulated, notwithstanding that such sections were repealed pursuant to Chapters 36 and 39 of the Laws of 2019. For the purposes of this subdivision, lawful deregulation shall be defined as the issuance of an order by the DHCR pursuant to the City Rent and Rehabilitation Law Sections 26-403(e)(2)(j) and 26-403.1, and the expiration of any time period contained in such order establishing the date of deregulation which expired prior to June 14, 2019.

(ii) Effective June 14, 2019, no further high rent high income deregulation proceedings pursuant to this Title may be commenced, and all pending applications shall be dismissed as not subject to deregulation. For the purposes of this paragraph, an application shall not be considered pending if the subject housing accommodation was lawfully deregulated pursuant to such application prior to June 14, 2019, and such lawful deregulation is subject to review as of June 14, 2019 in a Court of competent jurisdiction, before the commissioner pursuant to a petition for administrative review, or before the rent administrator subsequent to a remand for further consideration by either the commissioner or a court.

(iii) exemption pursuant to this paragraph shall not apply to housing accommodations which became or become subject to the Rent Law and this Subchapter solely by virtue of the receipt of tax benefits pursuant to section 489 of the Real Property Tax Law; and

(iv) in determining whether the maximum rent for a housing accommodation is the applicable amount qualifying for deregulation, the standards set forth in paragraph (19) of this subdivision shall be applicable; to be eligible for exemption under this paragraph, the maximum rent must continuously be the applicable amount qualifying for deregulation as provided in paragraph (19) of this subdivision, from the landlord's service of the income certification form provided for in section 2211.2 of this Title upon the tenant to the issuance of an order deregulating the housing accommodation.

(g) Housing accommodations subject to rent control, but exempted from control by these regulations. Notwithstanding the foregoing definition of housing accommodations, these regulations shall not apply to the following housing accommodations only so long as they meet the specific requirements hereinafter set forth:

(1) College fraternity or sorority houses. Rooms in a bona fide college fraternity or sorority house certified by the State Rent Commission prior to May 1, 1962, or by the administrator, as exempt. The administrator may so certify if the landlord establishes that the fraternity or sorority is a bona fide organization operated for the benefit of students, and not for profit as a commercial or business enterprise. This exemption shall not apply when the rooms are rented to persons who are not members of the fraternity or sorority.

(2) Nonprofit clubs. Rooms in a bona fide club certified by the State Rent Commission prior to May 1, 1962, or by the administrator, as exempt. The administrator may so certify if, on written request of the landlord, the club establishes that it is a nonprofit organization and is recognized as such by written statement of the Bureau of Internal Revenue; that it rents rooms only to members, bona fide guests of members, and members of bona fide clubs with which the club has reciprocal arrangements for the exchanges of privileges; and that it is otherwise operated as a bona fide club.

(3) Service employees. Dwelling space occupied by domestic servants, superintendents, caretakers, managers or other employees, to whom the space is provided as part or all of their compensation without payment of rent, and who are employed for the purpose of rendering services in connection with the premises of which the dwelling space is a part.

(4) Summer resort housing. Housing accommodations located in a resort community and customarily rented or occupied on a seasonal basis prior to October 1, 1945, which were not rented during any portion of the period beginning November 1, 1943 and ending on February 29, 1944. This exemption shall apply only so long as the housing accommodations continued to be rented on a seasonal basis, and shall be effective only from June 1st to September 30th, inclusive.

(h) Landlord. An owner, lessor, sublessor, assignee or other person receiving or entitled to receive rent for the use and occupancy of any housing accommodation, or an agent of any of the foregoing.

(i) Maximum rent. The maximum lawful rent for use of housing accommodations. Maximum rents may be formulated in terms of rents and other charges and allowances, authorized by law.

(j) Person. An individual, corporation, partnership, association or any other organized group of individuals, or the legal successor representative of any of the foregoing.

(k) 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 occupancy of housing accommodations or the transfer of a lease for such housing accommodations. Rent shall not include authorized surcharges, fees, charges or penalties.

(l) State Enabling Act. The Local Emergency Housing Rent Control Act, as amended by chapter 403 of the Laws of 1983.

(m) State Rent Act. The Emergency Housing Rent Control Law, as amended.

(n) State Rent Commission. The Temporary State Housing Rent Commission created by the Emergency Housing Rent Control Law.

(o) Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled to the possession or to the use or occupancy of any housing accommodation or is entitled to occupy the housing accommodation as a tenant pursuant to any other provision of this Title.

(p) City rent agency. The Division of Housing and Community Renewal.

(q) Office of rent administration. The office of the city rent agency designated by the administrator to administer the ETPA, the Rent Stabilization Law and the city and State rent laws.

(r) Office of the tenant protection unit (TPU). The office of the city rent agency 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, city rent agency or the Office of Rent Administration. However, nothing contained herein shall limit the mission and authority of the city rent agency to administer and enforce the ETPA, the Rent Stabilization Law, and the city and State rent laws and all such regulations promulgated thereunder.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2200.2

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