9 NYCRR § 2202.4 — Increased services or facilities, substantial rehabilitation, major capital or other improvements (NYC Rent & Eviction Regs., via Cornell LII)

Citation: 9 NYCRR § 2202.4 — Increased services or facilities, substantial rehabilitation, major capital or other improvements (NYC Rent & Eviction Regs., via Cornell LII)
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.law.cornell.edu/regulations/new-york/9-NYCRR-2202.4 ↗

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(2) necessarily and
appropriately priced higher than those costs listed in the Reasonable Cost
Schedule due to the unique nature of the installation and the circumstances
surrounding such installation, and such costs are accurate, reasonable,
necessary, verifiable, and eligible for a rent increase under these
circumstances, or

(3) that use of
the Reasonable Cost Schedule will cause an undue hardship and the use of
alternative procedures are appropriate to the interests of the owner, the
tenants, and the public, and the costs of such improvement are accurate,
reasonable, necessary, verifiable, and eligible for a rent increase under the
circumstances.

(e)
Owners must request a waiver of the use of the Reasonable Cost Schedule in
writing and accompany the application with the information and documentation as
specified in subparagraph (x) of this paragraph.

(ix) Requirements for Waiver under Specific
Circumstances

(a) At the time of the initial
application for a temporary major capital improvement rent increase, an owner
must apply for a waiver of application of the Reasonable Cost Schedule.

Such application shall include all necessary requirements
set forth in subparagraph (viii) of this paragraph and must also meet the
following requirements:

(1)
Non-Landmarked Buildings (Buildings not designated by the Landmark Commission):

(i) A licensed engineer or architect must
certify that:

(A) the major capital
improvement costs for which an owner seeks a temporary major capital
improvement rent increase are accurate and reasonable under the circumstances;
and

(B) there is no common
ownership or other financial interest between the contractor installing the
replacement or upgrade and the ownership entity of the owner; and