(2) A
vacancy lease shall provide that the tenant may, within 60 days of the
execution, require the owner to provide the documentation directly to the
tenant supporting the detailed description regarding the adjustment from the
prior legal rent. The owner shall provide such documentation within 30 days of
that request.
(3) The method of
service of this lease information, the tenant request for documentation, and
the owner's provision of documentation, together with proof of same, shall
conform to the requirements set forth in the appropriate lease form or such
bulletin or other document rendered pursuant to section
of this Title.2507.11
(4) Where a tenant is not furnished, as
required by the above provision, with a copy of the lease information pursuant
to paragraph (1) of this subdivision or the documentation required on demand by
paragraph (2) of this subdivision, the owner shall not be entitled to collect
any adjustments in excess of the rent set forth in the prior lease unless the
owner can establish that the rent collected was otherwise legal. In addition to
issuing an order with respect to applicable overcharges, DHCR shall order the
owner to furnish the information or documentation. The furnishing of the
information or documentation by the owner to the tenant shall result in the
elimination, prospectively, of such penalty.
(d) Limitations. The legal regulated rent
established in a lease may only be adjusted as follows: