N.Y. Comp. Codes R. & Regs. tit. 9 § 2100.2

Current through Register Vol. 46, No. 22, May 29, 2024
Section 2100.2 - Statutory definitions

L. 1964, ch. 244

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

(a)Commission.

Prior to July 1, 1964, the Temporary State Housing Rent Commission created by the act. Effective July 1, 1964, the Division of Housing and Community Renewal.

(b)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, including (1) entire structures or premises as distinguished from the individual housing accommodations contained therein, wherein 25 or less rooms are rented or offered for rent by any lessee, sublessee or other tenant of such entire structure or premises and (2) housing accommodations which were previously exempt, or not subject to control as a result of conversion or a change from a nonhousing to a housing use and which have subsequently been certified by a municipal department having jurisdiction to be a fire hazard or in a continued dangerous condition or detrimental to life or health but only so long as such illegal or hazardous condition continues and without further certification with respect thereto, and any plot or parcel of land which had been rented prior to May 1, 1950, for the purpose of permitting the tenant thereof to construct or place his own dwelling thereon, unless exempt or excluded from control pursuant to any other provision of this Subchapter.

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

(d)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.

(e)Person.

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

(f)Landlord.

An owner, lessor, sublessor, assignee, proprietary lessee of a housing accommodation in a structure or premises owned by a co-operative corporation or association, or other person receiving or entitled to receive rent for the use or occupancy of any housing accommodation or an agent of any of the foregoing.

(g)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 act.

(h)Documents.

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

(i)Municipality.

A city, town or village.

(j)Local governing 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.
(k)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 regulations adopted pursuant thereto.

(l)Local laws.

Local Law No. 3 of the City of Buffalo for the year 1947.

(m)Final order.

An order shall be deemed to be final on the date of its issuance by the local rent administrator unless a protest is filed against such order as provided in section 2108.2, infra. Where a protest is filed, it shall be deemed to be final on the date of issuance of an order by the administrator either denying or granting the protest, in whole or in part. Notwithstanding the filing of a protest by either the landlord or the tenant an order adjusting, fixing or establishing a maximum rent shall continue to remain in effect until further order of the administrator.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2100.2

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