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New York Rent Regulation Checklist, Fourth Edition

Version
2023 | 458 pages | Softcover | Book + Online OR Online Only

THIS BOOK IS CURRENTLY BEING PRINTED AND WILL SHIP IMMEDIATELY UPON PUBLICATION WHICH IS EXPECTED BY OCTOBER 1, 2022

Help for NY Landlords Who Need to Know--and Understand--the Latest Laws

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IMPORTANT NOTE: On Aug. 31, 2022, the DHCR proposed amendments to the Rent Stabilization Code, Emergency Tenant Protection Regulations, and rent control regulations. Purchasers of this edition will be alerted when the regulations are finalized and will receive information describing the highlights of the regulations, if they are adopted before the next edition of the Rent Regulation Checklist is published.

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This must-have reference presents plain English explanations of the law and regulations, including:

  • Who Is Affected
  • What the Law Requires
  • How to Comply
  • Deadlines
  • Penalties for Failure to Comply
  • Forms Required
  • Relevant Text of Law

Highlights of the Fourth Edition

This Fourth Edition of the  Rent Regulation Checklist highlights developments in the law in response to the HSTPA. This edition also spotlights changes in DHCR policies and procedures added to administer the amended rent control and rent stabilization laws, as well as court procedures adopted to prevent or minimize evictions during the COVID-19 pandemic. Highlights include:

  • Pending revision of the DHCR’s Fact Sheet on demolition (CHAPTER 2); 
  • Updated DHCR procedures during continued pandemic precautions at agency offices (CHAPTER 3); 
  • Updated court procedures resulting from the COVID-19 pandemic, including delays of eviction proceedings pending determination of tenant applications under New York’s Emergency Rental Assistance Program (ERAP)(CHAPTER 4); 
  • Reduction of the Rent Guidelines Board’s “special guideline” for fair market rent appeals to 27 percent (CHAPTER 5);
  • Extension of HPD’s Pilot Program requiring Certificates of No Harassment (CONH) until 2026, and increased update to the DHCR’s harassment complaint form (CHAPTER 6);
  • Inclusion of a DHCR form for the filing of a comparative hardship application (CHAPTER 7);
  • Continued litigation in response to the DHCR’s Explanatory Addenda to Deregulation Orders issued by the DHCR to implement the HSTPA’s repeal of high-rent/high-income deregulation (CHAPTER 8); 
  • Continued litigation on whether individual housing accommodations were lawfully deregulated before the HSTPA prospectively repealed future vacancy deregulation effective June 14, 2019 (CHAPTER 9); 
  • Current RGB vacancy and renewal rent increases, along with the addition of a new required lease rider addressing rights of tenants to reasonable accommodation for disabilities (CHAPTER 12);
  • Continued revision to the DHCR’s MCI Reasonable Cost Schedule, most recently in January 2022; new application procedures permitting waiver request if sought to waive the cost schedule limits; and anticipated RSC amendments to impose new bidding requirements for MCI projects (CHAPTER 13);
  • Alternatives to eviction litigation based on tenant nuisance (CHAPTER 14);
  • Discussion of an additional appellate ruling that strikesretroactive application of HSTPA owner occupancy provisions to cases pending on June 14, 2019 (CHAPTER 15); 
  • Addition of NY Human Rights Law provision concerning assistance animals (CHAPTER 17); 
  • Appellate court rulings upholding DHCR determinations that preferential rents must be fully documented, even before the base rent date (CHAPTER 18); 
  • Updated discussion and forms for 2022–23 Maximum Base Rent (MBR) rent increases (CHAPTER 20); 
  • Continued discussion and case law resulting from numerous rent overcharge claims filed before the courts and DHCR (CHAPTER 22);
  • Discussion of Resolution effective Aug. 1, 2022, by which the City of Kingston adopted rent stabilization coverage (CHAPTER 24);
  • The DHCR’s 2021 increase to air conditioner rent surcharges (CHAPTER 26);
  • Added discussion of service modifications, including those involving replacement of gas stoves with electric stoves, along with the DHCR list of emergency conditions to be addressed in service reduction complaints (CHAPTER 27);
  • DHCR rulings that the agency has no authority to rule for tenants seeking security deposit refunds after they have moved out (CHAPTER 28);
  • 2022 addition of NYC local law requiring prior registration by hosts of short-term rentals, along with verification by book platforms, and fines for failure to register (CHAPTER 29);
  • Discussion of proposed NY State legislation that would require owners to apply for a DHCR exemption ruling after the completion of a substantial rehabilitation project (CHAPTER 30); 
  • A number of court and DHCR rulings in cases where apartment occupants seek succession rights to rent-regulated units (CHAPTER 31);
  • Discussion of the end of J-51 and 421-a tax benefit programs (CHAPTER 32);
  • Discussion of proposed NY State legislation that would regulate initial rent-stabilized rents that could be set for newly created apartments (CHAPTER 35).

      The New York Rent Regulation Checklist will help you:

      • Protect your legally deregulated apartments from being forced back into regulation
      • Deregulate eligible apartments while reducing the risk of agency action
      • Win disputes arising from tenant overcharge complaints
      • Get maximum allowable rent increases
      • Avoid raising red flags that attract the scrutiny of the TPU, the DHCR, and other agencies enforcing the rent regs  

        Contents:
        1. Assignment, Subletting & Roommates; 2. Demolition; 3. DHCR Powers & Procedures; 4. Eviction of Rent-Regulated Tenants; 5. Fair Market Rent Appeals; 6. Harassment of Tenants; 7. Hardship Rent Increase; 8. High-Rent/High-Income Deregulation; 9. High-Rent Vacancy Deregulation; 10. Horizontal Multiple Dwellings; 11. Individual Apartment Improvements; 12. Leasing Requirements; 13. Major Capital Improvements; 14. Nuisance by Tenants; 15. Owner Occupancy; 16. Permanent Tenants: Hotels, SROs, Rooming Houses; 17. Pets; 18. Preferential Rents; 19. Primary Residence; 20. Rent Control Coverage; 21. Rent Fraud; 22. Rent Overcharge; 23. Rent Registration; 24. Rent Stabilization Coverage; 25. Rent Subsidies: SCRIE & DRIE; 26. Rent Surcharges for Appliances & Utilities; 27. Required Services; 28. Security Deposits; 29. Short-Term Rentals; 30. Substantial Rehabilitation; 31. Succession Rights; 32. Tax Benefit Programs; 33. Temporary Exemption from Rent Stabilization; 34. Tenant Protection Unit; 35. Miscellaneous Requirements

        About the Author: 
        Eileen O’Toole, Esq. is the principal of the Law Office of Eileen O’Toole. Ms. O’Toole’s practice focuses on counseling owners and prospective purchasers of residential properties on rent regulatory issues, as well as appearing in court actions and administrative proceedings to litigate disputes over leasing, rent overcharge, vacancy deregulation, and other housing issues.

         

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