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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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(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;

(iii) the owner has
resolved all legal objections to any real estate taxes and water and sewer
charges for the test year. However, if there is a pending certiorari proceeding
relating to the real estate tax expense for the test year, 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 year 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 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 year 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,
inits discretion, accept reasonable alternatives as to unresolved water and
sewer charges;