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
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Original Source
https://www.law.cornell.edu/regulations/new-york/9-NYCRR-2102.3 ↗

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(13) The DHCR shall not grant an owner's
application for a rental adjustment pursuant to paragraph (1) of this
subdivision, in whole or in part, if after review by DHCR, it is determined
that the owner is not maintaining all required building wide services, or that
there are outstanding hazardous, immediately hazardous, or other similar
violations of any municipal, county, State or Federal law. Certain tenant
caused violations may be excepted. A tenant's repeated failure to provide
access to remediate a violation may result in the violation being considered to
be tenant caused.

(i) An owner application,
pursuant to paragraph (1) of this subdivision, may be rejected if it is
determined that there are one or more unresolved applicable violations. A
rejected application may be refiled within sixty (60) days which shall stay the
two-year filing requirement provided in paragraph (8) of this subdivision and
preserve the original filing date. In the absence of good cause shown, a
rejected application that is refiled outside of the sixty (60) day period will
not retain the original filing date.

(ii) A timely refiled application pursuant to
subparagraph 13(i) of this subdivision, that has not addressed the outstanding
violations placed against the building or has had new violations placed against
the building in the interim period since rejection, will again be denied
without leave to refile within sixty (60) days.