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

Citation
9 NYCRR § 2102.3 — Grounds for increase of maximum rent (State 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-2102.3 ↗

Related Parts of This Source

Full Text

1,752 chars 
(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.

(ii) The
recoverable costs will be determined according to the applicable Reasonable
Cost Schedule and these provisions, but the owner need not submit evidence of
compliance with the bidding requirements set forth in clause (b) of
subparagraph (x) of this paragraph; owner may instead submit for review
alternative means of establishing the reasonableness of the major capital
improvement costs sought to be recovered.

(iii) For pending major capital improvement
applications, an owner was required to make this waiver application within 60
days of June 16, 2020, unless in the context of processing the major capital
improvement application the owner was directed by DHCR to submit an application
for waiver.

(x) Waiver Procedure: As part of the written
Waiver application for non-emergency capital improvements, owners must submit
the following:

(a) A certification by a
licensed architect or engineer stating that: