N.Y. Comp. Codes R. & Regs. tit. 9 § 2201.6

Current through Register Vol. 46, No. 15, April 10, 2024

Section 2201.6 - Collectibility

(a)

(1) No new maximum rent established pursuant to section 2201.4 of this Part, or adjustment pursuant to section 2201.5, 2202.7, 2202.8, 2202.9 or 2202.10 of this Title, or any combination thereof, shall increase the rent collectible from a tenant in occupancy by more than 7 1/2 percent in any one calendar year, except as provided in section 2202.7 of this Title.

(2) The base for computation of the limitation provided in paragraph (1) of this subdivision shall be:

(i) as of January 1, 1972, the maximum rent on December 31, 1971 (including any conditional increases then in effect), less the amount of any rent exemption under section 2202.20 of this Title in effect on December 31, 1971; and

(ii) after January 1, 1972, the maximum rent collectible pursuant to this section.

(b) Where the maximum rent for a housing accommodation on December 31, 1971 exceeds the maximum base rent established pursuant to section 2201.4 of this Part, such prior maximum rent shall continue in effect until the maximum base rent, as adjusted from time to time pursuant to these regulations, shall equal or exceed such prior maximum rent; at which time the maximum base rent as so adjusted shall become the maximum rent for such housing accommodation.

(c) No increase in maximum rent pursuant to this section, in any year other than a year in which a maximum rent, established pursuant to section 2201.4 of this Part or adjusted pursuant to section 2201.5, takes effect, shall be collectible until the landlord shall have given notice thereof to the tenant on a form prescribed by the administrator. A copy of such form shall be filed with the administrator within 30 days of its transmittal to the tenant. Failure to comply with the provisions of this paragraph shall authorize the administrator to revoke the landlord's entitlement to any such increase.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2201.6