N.Y. Comp. Codes R. & Regs. tit. 9 § 2206.5

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

Section 2206.5 - Finding of harassment

(a) The administrator may, subject to the provisions of subdivision (c) of this section, make a finding of harassment whenever he determines the existence of a violation of section 2205.1(b) of this Title (section Y51-10.0d of the Rent Law), in which event the administrator may:

(1) dismiss any pending application for a certificate of eviction, and grant any subsequent application for such certificate only upon such terms and conditions as he deems necessary to prevent the circumvention or evasion of provisions of this Title;

(2) determine that such housing accommodations or any replacement or subdivision thereof (whether or not by demolition, alteration or substantial rehabilitation) shall constitute housing accommodations subject to control under these regulations, notwithstanding any definition of that term to the contrary; and

(3) refuse to credit any adjustments increasing rent mandated by Part 2202 of this Title (section Y51-5.0 of the Rent Law), and dismiss any application for an adjustment pursuant to said section for such time and under such terms and conditions as the Division of Housing and Community Renewal deems necessary to prevent circumvention or evasion of the Rent Law and these regulations.

(b) After a landlord has evidenced an intent to cause a building, or individual housing accommodation therein, to become or to remain vacant, or has certified his intention to alter or demolish a structure pursuant to section 2203.10 of this Title, a failure to secure vacant housing accommodations in said premises, or public portions of said premises, or a decrease, discontinuance, interruption or interference with or of any of the following services at said premises, shall constitute presumptive evidence of intent and conduct in violation of section 2205.1(b) of this Title:

(1) garbage collection;

(2) elevator service;

(3) heat during that part of the year when same is required by law;

(4) hot or cold water;

(5) superintendent;

(6) front or entrance door security systems, including but not exclusive of lock and buzzer; and

(7) gas, electricity and other utility services to either public or private areas.

(c) Where the administrator makes a finding of harassment with respect to housing accommodations in which the affected tenant or tenants have not vacated, the landlord may, no sooner than one year after such harassment order is issued, apply for an order terminating such finding by submitting affirmative proof that the proscribed course of conduct has not been engaged in since the issuance of such order. In the event the tenant or tenants of housing accommodations affected by such order vacate at any time after the commencement of the harassment proceeding, the landlord may, no sooner than two years after the issuance of such order, apply for an order terminating the finding of harassment by submitting affirmative proof of the voluntary surrender of the vacated housing accommodation by the tenants in occupancy when the harassment order was issued and the discontinuance of the proscribed course of conduct from the date of such order.

(d) No proceeding to determine whether housing accommodations have become vacant as a result of harassment may be commenced later than 30 days after the entire structure shall have been vacated, unless the landlord failed to certify his intent to alter or demolish the premises as provided in section 2203.10 of this Title, or has used the housing accommodation or the site for purposes other than those specified in a certificate of eviction as provided in section 2205.1(e) of this Title. No proceeding shall be maintained for acts performed in good faith and in a reasonable manner for the purposes of operating, maintaining or repairing any building or part thereof. A finding of harassment shall be attached to and noted upon the registration of the housing accommodations affected by such findings, and a copy thereof shall be filed and docketed in the manner of a notice of mechanic's lien affecting the property. The provisions of this subdivision shall bind all persons or parties who succeed to the landlord's interest in said housing accommodations.

(e) The administrator may make a finding of harassment whenever he determines the existence of conditions which bar decontrol otherwise permitted pursuant to provisions of section 2200.2(f)(17) of this Title. A decrease, discontinuance, interruption or interference with any essential service, resulting in an order decreasing the maximum legal rent for a housing accommodation pursuant to section 2202.16 or 2202.17 of this Title, shall constitute presumptive evidence of intent and conduct constituting harassment. Housing accommodations affected by an order decreasing the maximum legal rent, pursuant to section 2202.16 or 2202.17 of this Title, shall not be decontrolled pursuant to section 2200.2(f)(17) unless the landlord obtains an order either restoring the rent previously reduced pursuant to section 2202.4(a) or terminating the presumptive finding of harassment as provided for in subdivision (c) of this section without regard to the time limitation therein contained.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2206.5