9 NYCRR § 2522.4 — Adjustment of legal regulated rent (Rent Stabilization Code, via Cornell LII)

Citation
9 NYCRR § 2522.4 — Adjustment of legal regulated rent (Rent Stabilization Code, via Cornell LII)
Jurisdiction
New York (state)
Source verification
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Original Source
https://www.law.cornell.edu/regulations/new-york/9-NYCRR-2522.4 ↗

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(iii) Prior to the issuance of a
determination, the DHCR shall review and determine if one or more violations
have been issued and not corrected to the subject building during the
processing of an owner application pursuant to paragraph (1) of this
subdivision. The owner will be allowed sixty (60) days to correct such
violation(s). In the absence of good cause shown, failure to correct the
violation(s) within the allotted time shall result in a denial of the
application.

(iv) DHCR shall retain
the ability and right where appropriate to review all penalties and violations
at any other time during the pendency of such application.

(14) In the case of an improvement
constituting a moderate rehabilitation as defined in section 5-02 of title 28
of the Rules of the City of New York, an owner may elect that the total cost
for such improvement be deemed to be the amount certified by the Office of Tax
Incentive Programs of HPD in the certificate of eligibility and reasonable cost
issued by such office with respect to such improvement. Such election shall be
binding on the DHCR and shall waive any claim for a rent increase by reason of
any difference between the total cash paid by the owner and such lesser
certified amount.

(15) Where an
application for a temporary major capital improvement rent increase has been
filed, a tenant shall have sixty (60) days from the date of mailing of a notice
of a proceeding in which to answer or reply. The DHCR shall provide any
responding tenant with the reasons for the DHCR's approval or denial of such
application.