N.Y. Comp. Codes R. & Regs. tit. 9 § 2521.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 2521.2 - Preferential rents

(a) Where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, such rent shall be known as the "preferential rent." The amount of rent for such housing accommodation which may be charged upon vacancy thereof may, at the option of the owner, be based upon either such preferential rent or an amount not more than the previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and other increases authorized by law.

(b) Such legal regulated rent shall be set forth in the vacancy lease or renewal lease pursuant to which the preferential rent is charged.

(c) Where the amount of the legal regulated rent is set forth either in a vacancy lease or renewal lease where a preferential rent is charged, the owner shall be required to maintain, and submit where required to by DHCR, the rental history of the housing accommodation immediately preceding such preferential rent to the present which may be prior to the base date preceding the filing of a complaint. 22. New subdivisions (d) and (e) are added to 9 NYCRR § 2521.21.

(d) Any tenant who is subject to a lease in effect on or after June 14, 2019, or is or was entitled to receive a renewal or vacancy lease on or after such date, upon renewal of such lease, the amount of rent for such housing accommodation that may be charged and paid shall be no more than the rent charged to and paid by the tenant prior to that renewal, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law.

(e) Provided, however, that for buildings that are subject to this Code by virtue of a regulatory agreement with a local government agency and which buildings receive federal project based rental assistance administered by the United States Department of Housing and Urban Development or a state or local section eight administering agency, where the rent set by the federal, state or local governmental agency is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged upon renewal or upon vacancy thereof, may be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases or other increases authorized by law; and further provided that such vacancy shall not be caused by the failure of the owner or an agent of the owner to maintain the housing accommodation in compliance with the warranty of habitability set forth in subdivision one of section two hundred thirty-five-b of the real property law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2521.2

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