N.Y. Comp. Codes R. & Regs. tit. 9 § 2104.7

Current through Register Vol. 46, No. 17, April 24, 2024

Section 2104.7 - Subdivision by alteration or remodeling

A certificate or an order authorizing subdivision shall be issued where the landlord seeks in good faith to recover possession of housing accommodations for the immediate purpose of substantially altering or remodeling them, provided that the landlord shall have secured such approval therefor as is required by law. No certificate or order authorizing subdivision involving alteration or remodeling shall be granted under this section unless the administrator shall find:

(a) That such alteration or remodeling is for the purpose of subdividing an under-occupied housing accommodation containing six or more rooms, exclusive of bathrooms and kitchen, into a greater number of housing accommodations consisting of self-contained family units which meet the requirements of section 2100.11 of this Title. An apartment may be deemed under-occupied when there is less than one occupant for each room, exclusive of bathrooms, kitchen and three additional rooms. Roomers or boarders who are not members of the tenant's family shall not be counted as occupants.

(b) Upon approval of plans by the local authorities having jurisdiction thereof, where such approval is required, and before proceeding with such alteration or remodeling, application shall be made to the administrator for an order directing the tenant occupying such housing accommodation to remain in possession of an adequate portion thereof, as determined by the administrator, and to surrender possession of the remainder of said housing accommodation, within a time to be fixed by the administrator. Where it is not practicable for the tenant to remain in possession of a portion of the housing accommodation, the administrator may require the landlord to furnish suitable temporary housing accommodations to the tenant during the alteration. The order so granted shall be conditioned on the right of such tenant to first occupancy of any housing accommodation resulting from such alteration or remodeling of such subdivided housing accommodation.

(c) Where the tenant cannot be adequately housed in any portion of the subdivided housing accommodation, the landlord may secure a certificate or an order authorizing subdivision where he shows that he is willing and able to relocate the tenant in other suitable housing accommodations within the same city, village or town not unreasonably distant from the premises being altered, and available at a rent not greater than the rent now being paid by such tenant.

(d) The administrator shall establish the terms and conditions under which such alteration or remodeling may be made and shall establish the maximum rent to be paid by the tenant occupying such suitable portion of such housing accommodation during the alteration, and shall establish the maximum rent to be paid by such tenant for the first occupancy of any housing accommodation selected by him in such subdivided housing accommodation after it has been altered or remodeled. The administrator shall, pursuant to section 2102.6(a) of this Title, establish the maximum rent on the basis of the maximum rents for comparable housing accommodations after taking into consideration all other factors bearing on the equities involved. The landlord shall file an application under section 2100.11 of this Title for an order of decontrol; provided, however, that such order of decontrol shall not apply to that portion of the original housing accommodations occupied by a tenant in possession at the time of the conversion but only so long as such tenant continues in occupancy.

(e) Where the housing accommodation to be subdivided had a maximum monthly rent of $200 or more as of March 1, 1943, or the date of first renting thereafter, there shall be no requirement that the tenant be relocated or given occupancy of any of the housing accommodations created by the alteration or subdivision.

(f) In the case of housing accommodations in a structure or premises owned by a cooperative corporation or association where the landlord is the individual owner of stock allocated to a housing accommodation, no certificate or order shall be granted under this section unless the administrator shall also find that the landlord has met the requirements of section 2104.5(c) of this Part.

(g) The order in all such cases shall grant the landlord permission to recover possession of the housing accommodations without further application should the tenant fail to abide by the order of subdivision issued by the administrator.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2104.7