N.Y. Comp. Codes R. & Regs. tit. 9 § 2200.3

Current through Register Vol. 46, No. 19, May 8, 2024

Section 2200.3 - Additional definitions

(a) Apartment. A room or rooms providing facilities commonly regarded in the city as necessary for a self-contained family unit, but not including housing accommodations in a rooming house or a hotel.

(b) Essential services. Those essential services which the landlord furnished, or which he was obliged to furnish, on April 30, 1962, and which were included in the maximum rent for the housing accommodation on that date. These may include, but are not limited to, the following: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, telephone, elevator service, kitchen, bath and laundry facilities and privileges, maid service, linen service, janitor service, and removal of refuse.

(c) Final order. An order shall be deemed to be final on the date of its issuance by the district rent administrator, unless a petition for administrative review (PAR) is filed against such order as provided in section 2208.2 of this Title. Where a PAR is filed, the order of the granting district rent administrator shall not be deemed to be final until the date of issuance of the administrator's order granting or denying the PAR, in whole or in part. Notwithstanding the filing of a PAR 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. An order issued by the administrator pursuant to section 2206.5 of this Title shall be deemed to be final on the date of its issuance.

(d) Hotel. Notwithstanding any order, finding, opinion or determination of the State Rent Commission, any establishment which on March 1, 1950 was and still is commonly regarded as a hotel in the city, and which customarily provides hotel services such as maid service, furnishing and laundering of linen, telephone and secretarial or desk use and upkeep of furniture and fixtures, and bellboy service; provided, however, that the term hotel shall not include any establishment which is commonly regarded in the city as a rooming house, nor shall it include any establishment not identified or classified as a hotel, transient hotel or residential hotel pursuant to the Federal Act, irrespective of whether such establishment either provides some services customarily provided by hotels, or is represented to be a hotel, or both.

(e) Hotel tenant. A tenant, subtenant, lessee, sublessee or other person entitled to possession or to the use or occupancy of any housing accommodation within a hotel, who has resided in such hotel continuously since December 2, 1949.

(f) District rent administrator. The person designated by the administrator to administer rent control in the rent district set forth in section 2200.8 of this Part, or such person or persons as may be designated to carry out any of the duties delegated to the district rent administrator by the administrator.

(g) District rent office. The Office of the Division of Housing and Community Renewal for a particular rent district, as set forth in section 2200.8 of this Part.

(h) Rooming house. In addition to its customary usage, a building or portion of a building, other than an apartment rented for single-room occupancy, in which housing accommodations are rented, on a short-term basis of daily, weekly or monthly occupancy, to more than two occupants for whom rent is paid, not members of the landlord's immediate family. The term shall include boarding houses, dormitories, trailers not a part of a motor court, residence clubs, tourist homes and all other establishments of a similar nature, except a hotel or a motor court.

(i) Single-room occupancy. The occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same apartment.

(j) 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 2204.6(d)(1) of this Title; and

(4) subletting of the housing accommodation.

(k) Common Ownership. For the purposes of Section 2202.4 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.

(l) DHCR. The New York State Division of Housing and Community Renewal, an executive agency component of New York State Homes and Community Renewal.

(a) No payment of rent need be made unless the landlord tenders a receipt . The landlord shall issue to every tenant a rent receipt at the time of each rental payment in the form of cash, or any instrument other than the personal check of the tenant. The written receipt shall contain the date; the amount; the identity of the premises and period for which paid; and the signature and title of the person receiving the rent.

(b) A tenant may request, in writing, that a landlord provide a receipt for rent paid by personal check. If such request is made, the landlord shall provide the tenant with the receipt described in section a of this subdivision. Such request shall, unless otherwise specified by the tenant, remain in effect for the duration of the tenancy.

(c) The landlord shall maintain a record of all cash receipts for rent for at least three years unless a longer period is required by other provisions of this Title.

(d) If a payment of rent is personally transmitted to a landlord, the receipt for such payment shall be issued immediately to a tenant. If a payment of rent is transmitted indirectly to a landlord, a tenant shall be provided with a receipt within fifteen days of the landlord's receipt of a rent payment.

(e) If a landlord fails to receive payment for rent within five days of the date specified in a lease agreement, such landlord shall send the tenant, by certified mail, a written notice stating the failure to receive such rent payment. The failure of the landlord, to provide a tenant with a written notice of the non-payment of rent may be used as an affirmative defense by such tenant in an eviction proceeding based on the non-payment of rent.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2200.3

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