N.Y. Comp. Codes R. & Regs. tit. 9 § 2200.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2200.9 - Conversion after May 1, 1950

(a)

(1) Upon application of the landlord, the administrator shall issue an order decontrolling additional housing accommodations, other than rooming house accommodations, resulting from conversion of housing accommodations on or after May 1, 1950, if there has been a structural change involving substantial alterations or remodeling and such change has resulted in additional housing accommodations consisting of self-contained family units; 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; and provided, further, that any such order of decontrol shall remain effective after April 30, 1962 only so long as the housing accommodations are not occupied for other than single-family occupancy.

(2) The term self-contained family unit shall mean a housing accommodation with private access, containing two or more rooms, consisting of at least one bedroom and a living room/dining space area in addition to 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 one closet plus an additional closet for each bedroom. Such accommodation shall contain a minimum total area of 395 square feet, exclusive of the area of bathrooms and closets. In lieu of a kitchen, the accommodation may include an enclosed kitchenette or an area in the living room which is either recessed or semienclosed, provided that all of the above-specified kitchen facilities and equipment are within such recessed or semienclosed area. Where, however, the landlord establishes that either the two-room or total floor area requirement, or both, cannot be complied with because of unique or peculiar circumstances, the administrator may waive this requirement if he finds that such waiver is not inconsistent with the purposes of the Rent Law and these regulations and would not be likely to result in the circumvention or evasion thereof.

(b) No order of decontrol shall be issued under this section unless such conversion occurred after the entire structure, or any lessor portion thereof as may have been thus converted, was vacated by voluntary surrender of possession or in the manner provided by section 5 of this State Act or by Part 2204 of this Title, and unless the administrator shall find that the landlord has satisfied all of the requirements of the authorities having jurisdiction over such conversion and over the occupancy of the newly created housing accommodations.

(c) No order of decontrol shall be issued by the administrator where there is a conversion of occupied housing accommodations, unless and until the landlord obtains an order authorizing subdivision or a certificate of eviction in accordance with provisions of section 2204.7 of this Title.

(d) Notwithstanding any of the foregoing provisions of this section, no order shall be issued by the administrator decontrolling housing accommodations:

(1) of any type resulting from conversion after April 30, 1962 of rooming house accommodations or of single-room occupancy accommodations;

(2) in any multiple dwelling aided by a loan made by the city under article 8 of the Private Housing Finance Law, until controls are no longer required by the provisions of said article 8; or

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

(e) 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 § 2200.9