N.Y.C. Admin. Code § 26-405

Citation
N.Y.C. Admin. Code § 26-405
Source
Official source
Original Source
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-206052 ↗

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(3) No increase in maximum rents shall be granted under this subparagraph (a) by the city rent agency while there is pending without final disposition any judicial proceeding to correct the final determination of the tax commission with respect to the assessed valuation of such property, (a) for the city fiscal year in which the landlord filed the application for such increase or (b) for the city fiscal year immediately preceding the filing of the application for such increase.

(4) For the purposes of this subparagraph (a):

(i) Net annual return shall be the amount by which the earned income exceeds the operating expenses of the property, excluding mortgage interest and amortization, and excluding allowances for obsolescence and reserves, but including an allowance for depreciation of two per centum of the value of the buildings exclusive of the land, or the amount shown for depreciation of the buildings in the latest required federal income tax return, whichever is lower; provided, however, that no allowance for depreciation of the buildings shall be included where the buildings have been fully depreciated for federal income tax purposes or on the books of the owner; and

(ii) Test year shall be the most recent full calendar year or the landlord's most recent fiscal year or any twelve consecutive months ending not more than ninety days prior to the filing of the application for an increase;