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9 CRR-NY 2522.4

Citation
9 CRR-NY 2522.4
Jurisdiction
New York (state)
Source
Official source

Full Text

1,502 chars
(2) Notwithstanding anything to the contrary herein, no increase granted pursuant to this subdivision shall, when added to the annual gross rents as determined by the DHCR, exceed the sum of:

(i) the annual operating expenses;

(ii) an allowance for management services as determined by the DHCR;

(iii) actual annual mortgage debt service (interest and amortization) on its indebtedness to a lending institution, an insurance company, a retirement fund or welfare fund under the supervision of the banking or insurance laws of the State of New York or the United States; and

(iv) 8½ percent of that portion of the fair market value of the property which exceeds the unpaid principal amount of the mortgage indebtedness referred to in subparagraph (iii) of this paragraph. Fair market value for this subparagraph shall be six times the annual gross rent.

(3) Restrictions.

(i) The collection of any increase in the legal regulated rent for any housing accommodation pursuant to this subdivision shall not exceed six percent in any year from the effective date of the order granting the increase over the rent set forth in the schedule of gross rents, with collectibility of any dollar excess above said sum to be spread forward in similar increments and added to the legal regulated rent as established or set in future years.

(ii) If the building was previously granted a hardship increase, such increase must have become effective more than 36 months prior to the filing date of the application.