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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(ii) Where
municipal sign-offs are not required, or where the alleged defective operation
of the major capital improvement does not relate to the subject matter of the
sign-off, the complaint may be resolved by the affidavit of an independent
licensed architect or engineer that the condition complained of was
investigated and found not to have existed, or if found to have existed, was
corrected. Such affidavit, which shall be served by the DHCR on the tenants,
will raise a rebuttable presumption that the major capital improvement is
properly operative. Tenants may only rebut this presumption based on persuasive
evidence, for example, a counter affidavit by an independent licensed architect
or engineer, or an affirmation by 51 percent of the complaining tenants.

(a) General requirements. There must be no
common ownership, or other financial interest, between such architect or
engineer and the owner or tenants. The affidavit shall state that there is no
such relationship or other financial interest. The affidavit must also contain
a statement that the architect or engineer did not engage in the performance of
any work, other than the investigation, relating to the conditions that are the
subject of the affidavit. The affidavit submitted must contain the signature
and professional stamp of the architect or engineer. DHCR may conduct follow-up
inspections randomly to ensure that the affidavits accurately indicate the
condition of the premises. Any person or party who submits a false statement
shall be subject to all penalties provided by law.