N.Y. Comp. Codes R. & Regs. tit. 9 § 2522.6

Current through Register Vol. 46, No. 16, April 17, 2024

Section 2522.6 - Orders where the legal regulated rent or other facts are in dispute, in doubt, or not known, or where the legal regulated rent must be fixed

(a) Where the legal regulated rent or any fact necessary to the determination of the legal regulated rent, or the dwelling space, required services or equipment required to be provided with the housing accommodation is in dispute between the owner and the tenant, or is in doubt, or is not known, the DHCR at any time upon written request of either party, or on its own initiative, may issue an order in accordance with the applicable provisions of this code determining the facts, including the legal regulated rent, the dwelling space, required services, and equipment required to be provided with the housing accommodations.

(b)

(1) Such order shall determine such facts or establish the legal regulated rent in accordance with the provisions of this Code. Where such order establishes the legal regulated rent, it shall contain a directive that all rent collected by the owner in excess of the legal regulated rent shall be refunded to the tenant, or any prior tenant, pursuant to the procedures and requirements set forth by Section 2526.1 or Section 2526.7 of this Title. Orders issued pursuant to this section shall be based upon the law and Code provisions in effect on March 31, 1984, if the complaint was filed prior to April 1, 1984.

(2) Where either:

(i) no base date, as defined in Section 2526.7 of this Title, can be determined, and the rent charged on June 14, 2015 cannot be determined, or

(ii) the rent is the product of a fraudulent scheme to deregulate the apartment, or

(iii) a rental practice proscribed under section 2525.3 (b), (c) and (d) of this Title has been committed, the rent shall be established at the lowest of the following amounts set forth in subparagraph (i), (ii), (iii), or (iv) of paragraph (3) of this subdivision, Section 2526.7 of this Title, or Section 2526.1 of this Title. Section 2526.1 of this Title shall only be applicable for complaints filed prior to June 14, 2019.

(3) These amounts are:

(i) the lowest rent registered pursuant to section 2528.3 of this Code for a comparable apartment in the building in effect on the date the complaining tenant first occupied the apartment; or

(ii) the complaining tenant's initial rent reduced by the percentage adjustment authorized by section 2522.8 of this Code; or

(iii) the last registered rent paid by the prior tenant; or

(iv) if the documentation set forth in subparagraphs (i) through (iii) of this paragraph is not available or is inappropriate, an amount based on data compiled by the DHCR, using sampling methods determined by the DHCR, for regulated housing accommodations.

(4) This subdivision shall also apply where the owner purchases the housing accommodations subsequent to judicial or other sales.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2522.6

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