N.Y. Comp. Codes R. & Regs. tit. 9 § 2500.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 2500.2 - Definitions

When used in this Chapter, unless a different meaning clearly appears from the context, the following terms shall mean and include:

(a) Division. The State Division of Housing and Community Renewal.

(b) County rent guidelines board. The board created in each county pursuant to the Emergency Tenant Protection Act of 1974 to establish annually guidelines for rent adjustments under the act and this Chapter.

(c) Housing accommodation. 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.

(d) 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 surcharges authorized pursuant to section 2502.9 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 a violation under Part 2505 or an overcharge under Part 2506 of this Title.

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

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

(g) Owner. A landlord, 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 condominium association, or an owner of a condominium unit or the sponsor of such cooperative corporation or condominium association or 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 2504.4(b) and (c) 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 Subchapter. Wherever the term landlord is used hereinafter in this Subchapter, it shall be deemed to mean owner. Except as is otherwise provided in sections 2502.3 and 2506.1(f) of this Title, a court-appointed receiver shall be considered an owner pursuant to this Subchapter.

(h) 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 entitled to occupy the housing accommodation as a tenant pursuant to any other provision of these regulations.

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

(j) Municipality. A city, town or village.

(k) Local legislative body.

(1) In the case of a city, the council, common council or board of aldermen, and the board of estimate, board of estimate and apportionment or board of estimate and contract, if there be one.

(2) In the case of a town, the town board.

(3) In the case of a village, the board of trustees.

(l) 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 2510.2 of this Title, or an order of the commissioner, unless such order remands the proceeding for further consideration.

(m) 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.

(n) 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

(2) Any other person residing with the tenant in the housing accommodation as a primary residence, who can prove emotional and financial commitment, and interdependence between such person and the tenant. Although no single factor shall be solely 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.

(o) Senior citizen.

A person who is 62 years of age or older.

(p) Disabled person. Except as provided pursuant section 2503.5(d)(4) of this Title, 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.

(q) Base date. For all purposes other than for the purposes of proceedings pursuant to sections 2502.3(a), 2506.1, and 2506.8 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 Regulation, the ETPA 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 act; 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.

(r) 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 2503.5(d)(2) of this Title; and

(4) subletting of the housing accommodation.

(s) Common Ownership. For the purposes of Section 2502.4 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.

(t) ETPA. The Emergency Tenant Protection Act of 1974 and as amended.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2500.2

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