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9 NYCRR § 2502.4 — Adjustment of legal regulated rent (Emergency Tenant Protection Regs., via Cornell LII)

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9 NYCRR § 2502.4 — Adjustment of legal regulated rent (Emergency Tenant Protection Regs., via Cornell LII)
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New York (state)
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(C) a bid process was conducted and
supervised by a licensed architect or engineer.

(2) Landmarked Buildings (Buildings
designated by the Landmark Commission): The costs beyond those permitted by the
Reasonable Cost Schedule that were the result of any law, regulation, rule, or
requirement under which the premises have been designated a landmark
building.

(3) Capital Improvement
Work Performed While Also Under Another Governmental Agency's Supervision: DHCR
may also accept the cost of contract where:

(i) the building is subject to both (a) this
Title and (b) another housing program, and

(ii) the contract is approved by or awarded
under the supervision of a state, city or local housing entity in conjunction
with that affordable housing program, and

(iii) such supervision includes a process by
which such supervising agency reviews the costs to assure they are
reasonable.

(4) Emergency
Capital Improvements: DHCR may also accept the cost of contract where capital
improvements were performed to remedy an emergency condition and for which the
owner paid more than the reasonable costs due to such emergency. The costs must
be actual, reasonable, necessary, verifiable, and eligible for a rent increase
under the circumstances.

(5)
Interim Rules:

(i) An owner may apply for a
waiver of application of the Reasonable Cost Schedule if, prior to the
effective date of this subparagraph (ix), it has either:

(A) entered a contract for the performance of
major capital improvement work within two years immediately preceding January
27, 2021, the final adoption date of Emergency Regulation HCR-26-20-00012,
or

(B) submitted to DHCR an
application for a temporary major capital improvement rent
increase.