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

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(iii) Earned income.
The current maximum rents on an annual basis from all controlled housing
accommodations; the current rents on an annual basis from all decontrolled and
uncontrolled housing accommodations, commercial and business space, and other
rented or rentable space; any other income earned from the operation of the
property. Where a housing accommodation without a maximum rent is vacant or is
occupied without payment of any rent or with payment of a partial rent, the
rent generally prevailing for substantially similar controlled housing
accommodations shall be deemed the rent for the purposes of the application.
Where commercial or business or other rentable space is vacant or is occupied
without paying of any rent or with payment of a partial rent, the rent
generally prevailing for substantially similar space shall be deemed the rent
for the purposes of the application. Where the Administrator finds in
considering an application under this paragraph that a present tenant is paying
a rent less than the maximum rent, the Administrator, upon request of the
landlord, may reduce the maximum rent of the housing accommodation to the
amount actually being paid, or to the highest maximum rent for comparable
controlled housing accommodations in the structure, whichever is
higher.