Under Section 26-513(b)(1) of the New York City Administrative Code, and Section 9(e)
of the Emergency Tenant Protection Act of 1974, the Rent Guidelines Board is obligated
to promulgate special guidelines to aid the State Division of Housing and Community
Renewal in its determination of initial legal regulated rents for housing accommodations
previously subject to the City Rent and Rehabilitation Law which are the subject of a
tenant application for adjustment. The Rent Guidelines Board hereby adopts the
following Special Guidelines:
For dwelling units subject to the Rent and Rehabilitation Law on September 30, 2007,
which become vacant after September 30, 2007, the special guideline shall be the greater
of:
(1) 50% above the maximum base rent, or
(2) The Fair Market Rent for existing housing as established by the United States
Department of Housing and Urban Development (HUD) for the New York City
Primary Metropolitan Statistical Area pursuant to Section 8(c) (1) of the United States
Housing Act of 1937 (42 U.S.C. section 1437f [c] [1]) and 24 C.F.R. Part 888, with
such Fair Market Rents to be adjusted based upon whether the tenant pays his or her
own gas and/or electric charges as part of his or her rent as such gas and/or electric
charges are accounted for by the New York City Housing Authority.
Such HUD-determined Fair Market Rents will be published in the Federal Register, to
take effect on October 1, 2007.
DECONTROLLED UNITS
The permissible increase for decontrolled units as referenced in Order 3a which become
decontrolled after September 30, 2007, shall be the greater of:
(1) 50% above the maximum base rent, or