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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)
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(iii) Prior to the issuance of a
determination, the DHCR shall review and determine if one or more violations
have been issued and not corrected to the subject building during the
processing of an owner application pursuant to paragraph (1) of this
subdivision. The owner will be allowed sixty (60) days to correct such
violation(s). In the absence of good cause shown, failure to correct the
violation(s) within the allotted time shall result in a denial of the
application.

(iv) DHCR shall retain
the ability and right where appropriate to review all penalties and violations
at any other time during the pendency of such application.

(14) Where an application for a temporary
major capital improvement rent increase has been filed, a tenant shall have
sixty (60) days from the date of mailing of a notice of a proceeding in which
to answer or reply. The DHCR shall provide any responding tenant with the
reasons for the DHCR's approval or denial of such application.

(15) Where during the processing of a rent
increase application filed pursuant to paragraph (1) of this subdivision,
tenants interpose answers complaining of defective operation of the major
capital improvement, the complaint may be resolved in the following manner:

(i) Where municipal sign-offs (other than
building permits) are required for the approval of the installation, and the
tenants' complaints relate to the subject matter of the sign-off, the
complaints may be resolved on the basis of the sign-off, and the tenants
referred to the approving governmental agency for whatever action such agency
may deem appropriate.