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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(8) In determining the amount of an adjustment allocation of an adjustment pursuant to this subparagraph (o), only living rooms, kitchens over fifty-nine square feet in area, dining rooms and bedrooms shall be considered rooms; bathrooms, foyers, and kitchenettes shall not be considered rooms.

(2) In any case where any housing accommodation was vacated on or after the effective date of this paragraph two, other than by voluntary surrender of possession or in the manner provided in this chapter, the city rent agency may, by regulations having due regard for the equities involved, bar adjustments pursuant to subparagraphs (f) and (g) of paragraph one of this subdivision g, except for work which:

(a) is necessary in order to remove violations against the property;

(b) is necessary to obtain a certificate of occupancy if such certificate is required by law; or

(c) could have been performed with a tenant in physical possession of the housing accommodation.

(3) Any adjustment pursuant to subparagraph (a), (b), or (c) of paragraph one of this subdivision shall be subject to the limitation set forth in paragraph five of subdivision a of this section; provided:

(a) that in ordering an adjustment pursuant to such subparagraph (a), the city rent agency may waive such limitation where a greater increase is necessary to make the earned income of the property equal to its operating expenses; and