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 verification: official_capture_completeness_unverified
Original Source: https://www.law.cornell.edu/regulations/new-york/9-NYCRR-2202.4 ↗

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(d) there has been, since March 1, 1959, in
structures containing more than four housing accommodations, other improvements
made with the express consent of the tenants in occupancy of at least 75
percent of the housing accommodations; provided, however, that whenever the
administrator has determined that the improvements proposed are part of a plan
designed for overall improvement of the premises or increases in services, the
administrator may order increases in maximum rents for all housing
accommodations affected upon the express consent of the tenants in occupancy of
at least 51 percent of the housing accommodations; and provided further,
however, that no adjustment granted under this paragraph shall exceed 15
percent unless the tenants have agreed to a higher percentage of increase, as
herein provided; and

(e) the
landlord has incurred, since January 1, 1970, in connection with and in
addition to a concurrent major capital improvement, other expenditures to
improve, restore or preserve the quality of the structure. An adjustment
pursuant to this section shall be granted by the administrator only if such
improvements represent an expenditure equal to at least 10 percent of the total
operating and maintenance expenses for the most recent full calendar year or
the landlord's most recent fiscal year, or any 12 consecutive months ending not
more than 90 days prior to the filing of the application for an increase
pursuant to this subdivision. The adjustment pursuant to this subdivision shall
be in addition to any adjustment granted for the concurrent major capital
improvement, and shall be in an amount sufficient to amortize the cost of the
improvements pursuant to this subdivision over a seven-year period.