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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(16) Where during the
processing of a rent increase application filed pursuant to paragraph (1) of
this subdivision, tenants interpose answers complaining of defective operation
of the major capital improvement, the complaint may be resolved in the
following manner:

(i) Where municipal
sign-offs (other than building permits) are required for the approval of the
installation, and the tenants' complaints relate to the subject matter of the
sign-off, the complaints may be resolved on the basis of the sign-off, and the
tenants referred to the approving governmental agency for whatever action such
agency may deem appropriate.

(ii)
Where municipal sign-offs are not required, or where the alleged defective
operation of the major capital improvement does not relate to the subject
matter of the sign-off, the complaint maybe resolved by the affidavit of an
independent licensed architect or engineer that the condition complained of was
investigated and found not to have existed, or if found to have existed, was
corrected. Such affidavit, which shall be served by the DHCR on the tenants,
will raise a rebuttable presumption that the major capital improvement is
properly operative. Tenants may only rebut this presumption based on persuasive
evidence, for example, a counter affidavit by an independent licensed architect
or engineer, or an affirmation by 51 percent of the complaining tenants.