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9 NYCRR § 2102.3 — Grounds for increase of maximum rent (State Rent & Eviction Regs., via Cornell LII)

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9 NYCRR § 2102.3 — Grounds for increase of maximum rent (State Rent & Eviction Regs., via Cornell LII)
Jurisdiction
New York (state)
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(c) Notwithstanding any waiver of the
reasonable cost schedule, not all costs claimed for a temporary major capital
improvement rent increase may be awarded, as the costs of items claimed may be
disallowed, in whole or in part, pursuant to all other requirements set forth
in this section that must be met and fully supported.

(d) Pursuant to the requirements specified
below, such application must be fully supported and demonstrate that the
claimed costs underlying the temporary MCI rent increase are:

(1) not identified in the Reasonable Cost
Schedule, or

(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).

(ix)
Requirements for Waiver under Specific Circumstances