N.Y. Comp. Codes R. & Regs. tit. 9 § 2200.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 2200.10 - Substantial demolition after May 1, 1962

(a) Upon application of the landlord, the administrator shall issue an order decontrolling all of the housing accommodations resulting from substantial demolition of a building, provided that:

(1) not less than 50 percent of the housing after reconstruction shall consist of apartments suitable for occupancy by larger families, or not less than 50 percent of the total floor area of all of the housing after reconstruction shall be utilized for apartments suitable for occupancy by larger families;

(2) all other housing accommodations in the building shall comply with at least the minimum requirement for a self-contained family unit, as defined in section 2200.9 of this Part; and

(3) all of the housing accommodations meet all of the requirements of law and of the city agencies having jurisdiction thereof, and over the occupancy of such accommodations.

(b) If the building after reconstruction fails to meet the requirements of paragraph (a)(1) of this section, but if all of the housing accommodations in such building shall comply with at least the minimum requirements for a self-contained family unit as defined in section 2200.9 of this Part, and if all of the housing accommodations in such building meet all of the requirements of law and of the city agencies having jurisdiction thereof, and over the occupancy of such accommodations, then only those apartments which are suitable for occupancy by larger families shall be decontrolled, and all other housing accommodations in such building shall remain subject to control.

(c) The term housing accommodations resulting from substantial demolition, as used in this section, shall mean any housing accommodation which is created on or after May 1, 1962 as a result of the substantial demolition of a multiple dwelling and the reconstruction of such building in such manner as to retain any portion thereof existing prior to such demolition, and:

(1) which is so created after the issuance of one or more certificates permitting the eviction of any tenant or tenants of such multiple dwelling for the purpose of effecting such demolition where application for such certificates was filed after April 24, 1962; or

(2) where no such certificates were issued, which was created after the former structure, or any lesser portion thereof, was vacated on or after November 22, 1963 by voluntary surrender of possession or in any manner provided in Part 2204 of this Title.

(d) The term apartment suitable for occupancy by larger families,as used in this section, shall mean a housing accommodation with private access, containing four or more rooms, consisting of at least two bedrooms, a living room/dining room space area and a kitchen (with cooking and refrigeration facilities and a sink), a private bathroom (with a washbasin, toilet and bathtub or enclosed shower), and at least two closets plus an additional closet for each bedroom. Such accommodations shall contain a minimum total area of 560 square feet, exclusive of the area of the bathrooms and closets.

(e) Notwithstanding any of the foregoing provisions of this section, no order shall be issued by the administrator decontrolling housing accommodations resulting from substantial demolition:

(1) in any building aided by a loan made by the city under article 8 of the Private Housing Finance Law, so long as maximum rents are required to be prescribed by the provisions of said article 8;

(2) in any multiple dwelling with respect to which tax abatement and tax exemption under section J51-2.5 of the Administrative Code begins after April 30, 1962, until the date on which such tax abatement or tax exemption terminates, whichever is later; or

(3) in any building 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.

(f) Housing accommodations created after May 1, 1962, as a result of the reconstruction of a multiple dwelling which has been substantially demolished, where no certificates permitting the eviction of any tenant or tenants of such multiple dwelling for the purpose of effecting such demolition have been issued, or where application for such certificates was filed on or before April 24, 1962, shall not require an order of the administrator decontrolling them and shall not be subject to control pursuant to section 2200.2(f)(8) of this Part.

(g) Housing accommodations decontrolled under this section shall remain decontrolled only so long as the housing accommodations are not occupied for other than single-family occupancy.

(h) Any housing accommodation decontrolled under this section 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2200.10