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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)
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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) the
Rent Stabilization Law, 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.