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

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9 NYCRR § 2522.4 — Adjustment of legal regulated rent (Rent Stabilization Code, via Cornell LII)
Jurisdiction
New York (state)
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(a) General requirements. There must be no
common ownership, or other financial interest, between such architect or
engineer and the owner or tenants. The affidavit shall state that there is no
such relationship or other financial interest. The affidavit must also contain
a statement that the architect or engineer did not engage in the performance of
any work, other than the investigation, relating to the conditions that are the
subject of the affidavit. The affidavit submitted must contain the signature
and professional stamp of the architect or engineer. DHCR may conduct follow-up
inspections randomly to ensure that the affidavits accurately indicate the
condition of the premises. Any person or party who submits a false statement
shall be subject to all penalties provided by law.

(iii) At the discretion of the DHCR, the DHCR
may inspect the major capital improvement to determine whether the installation
was conducted in a workmanlike manner or the work was sufficiently
comprehensive so as to benefit all tenants.

(17) The DHCR shall annually inspect and
audit no less than twenty-five percent of applications for a temporary major
capital improvement increase that have been submitted and approved. Such
process shall include individual inspections and document review to ensure that
owners complied with all obligations and responsibilities under the law for
temporary major capital improvement increases. Inspections shall include
in-person confirmation that such improvements have been completed in such way
as described in the application.

(c) Comparative hardship.