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) The owner has
resolved all legal objections to any real estate taxes and water and sewer
charges for the test period. However, if there is a pending certiorari
proceeding relating to the real estate tax expense for the test period, an
owner may be permitted to file a hardship application. In such cases, the
amount of real estate tax expense that will be recognized for purposes of the
test period will be based upon the amount of proposed assessed value set forth
by the owner in the certiorari petition; provided, however, that the owner
submits proof of actual payment of all taxes due on the owner's proposed
assessed value, in accordance with applicable law. If after such tax objection
is resolved, the owner's actual and reasonable tax expense allocable to the
test period exceeds the amount the DHCR used in determining the hardship
application, an additional increase may be granted prospectively by the DHCR in
its discretion. The DHCR may also, in its discretion, accept reasonable
alternatives as to unresolved water and sewer charges.

(iv) The DHCR shall not grant an owner an
increase as provided, in whole or in part, if it is determined prior to the
granting of approval to collect an increase pursuant to this subdivision that
the owner is not maintaining all required services or there are current
immediately hazardous violations of any municipal, county, State or Federal law
which relate to the maintenance of such services. However, as determined by the
DHCR, where the DHCR determines that insufficient income is the cause of such
failure to maintain required services, hardship increases may be granted upon
condition that such services will be restored within a reasonable time, and
certain tenant-caused violations may be excepted.