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

Citation
9 NYCRR § 2502.4 — Adjustment of legal regulated rent (Emergency Tenant Protection Regs., 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-2502.4 ↗

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(13) The
DHCR shall not grant an owner's application for a rental adjustment pursuant to
paragraph (1) of this subdivision, in whole or in part, if after review by
DHCR, it is determined that the owner is not maintaining all required building
wide services, or that there are outstanding hazardous, immediately hazardous,
or other similar violations of any municipal, county, State or Federal law.
Certain tenant caused violations may be excepted. A tenant's repeated failure
to provide access to remediate a violation may result in the violation being
considered to be tenant caused.

(i) An owner
application, pursuant to paragraph (1) of this subdivision, may be rejected if
it is determined that there are one or more unresolved applicable violations. A
rejected application may be refiled within sixty (60) days which shall stay the
two-year filing requirement provided in paragraph (8) of this subdivision and
preserve the original filing date. In the absence of good cause shown, a
rejected application that is refiled outside of the sixty (60) day period will
not retain the original filing date.

(ii) A timely refiled application pursuant to
subparagraph 13(i) of this subdivision, that has not addressed the outstanding
violations placed against the building or has had new violations placed against
the building in the interim period since rejection, will again be denied
without leave to refile within sixty (60) days.

(iii) Prior to the issuance of a
determination, the DHCR shall review and determine if one or more violations
have been issued and not corrected to the subject building during the
processing of an owner application pursuant to paragraph (1) of this
subdivision. The owner will be allowed sixty (60) days to correct such
violation(s).