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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(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;

(v) in buildings that
also contain housing accommodations subject to the City Rent Law, appropriate
adjustments for both income and expenses will be made by the DHCR in order to
calculate the pro rata share for those housing accommodations subject to this
application;

(vi) the DHCR shall
set a rental value for any housing accommodation occupied by the owner or
managing agent, or a person related to, or an employee of the owner or managing
agent, or unoccupied at the owner's choice for more than one month at the last
regulated rent plus the minimum number of guidelines increases or, if no such
regulated rent existed or is known, the DHCR shall impute a rent equal to the
average of rents for similar or comparable housing accommodations subject to
this Code in the building during the test year;

(vii) each owner who files an application for
a hardship rent increase shall be required to maintain all records as submitted
with the subject application, and further be required to retain same for a
period of three years after the effective date of the order;