An Introduction
to the NYC Rent Guidelines Board
Table of Contents
List
of Appendices
APPENDIX
O:
Rent Stabilization Law §26-513
Rent
Stabilization Law of 1969
§ 26-513
Application for adjustment of initial rent
a.
The tenant or owner of a housing accommodation made subject to this law
by the emergency tenant protection act of nineteen seventy-four1 may,
within sixty days of the local effective date of this section or the commencement
of the first tenancy thereafter. Whichever is later, file with the commissioner
an application for adjustment of the initial legal regulated rent for such
housing accommodation. The commissioner may adjust such initial legal regulated
rent upon a finding that the presence of unique or peculiar circumstances
materially affecting the initial legal regulated rent has resulted in a
rent which is substantially different from the rents generally prevailing
in the same area for substantially similar housing accommodations.
b.
1. The tenant of a housing accommodation that was regulated pursuant to
the city rent and rehabilitation law2 or
this law prior to July first, nineteen hundred seventy-one and that became
vacant on or after January first, nineteen hundred seventy-four may file
with the commissioner within ninety days after notice has been received
pursuant to subdivision d of this section, an application for adjustment
of the initial legal regulated rent for such housing accommodation. Such
tenant need only allege that such-rent is in excess of the fair market
rent and shall present such facts which, to the best of his or her information
and belief, support such allegation. The rent guidelines board shall promulgate
as soon as practicable after the local effective date of the emergency
tenant protection act of nineteen seventy-four guidelines for the determination
of fair market rents for housing accommodations as to which any application
may be made pursuant to this subdivision. In rendering a determination
on an application filed pursuant to this subdivision b the commissioner
shall be guided by such guidelines and by the rents generally prevailing
in the same area for substantially similar housing accommodations. Where
the commissioner has determined that the rent charged is in excess of the
fair market rent he or she shall, in addition to NY other penalties or
remedies permitted by law, order a refund of any excess paid since January
first, nineteen hundred seventy-four or the date of the commencement of
the tenancy, whichever is later. Such refund shall be made by the landlord
in cash or a credit against future rents over a period not in excess of
six months.
2.
The provisions of paragraph mph one of this subdivision shall not apply
to a tenant of a housing accommodation for which the initial legal regulated
rent is no greater than the maximum rent that would have been in effect
under this law on December thirty-first, nineteen hundred seventy-three,
or for the period commencing January first, nineteen hundred seventy-four
and ending December thirty-first, nineteen hundred seventy-five as calculated
pursuant to the city rent and rehabilitation law (if no such maximum rent
has been calculated for a particular unit for the period commencing January
first, nineteen hundred seventy-four and ending December thirty-first.
nineteen hundred seventy-five, he division of housing and community renewal
shall calculate such a rent), as the case may be, if such apartment had
not become vacant on or after January first, nineteen hundred seventy-four,
plus the amount of any adjustment which would have been authorized under
this law for renewal leases or other rental agreement, whether or not such
housing accommodation was subject to this law, for leases or other rental
agreement commencing on or after July first, nineteen hundred seventy-four.
c.
Upon receipt of any application filed pursuant to this section, the commissioner
shall notify the owner or tenant as the case may be and provide a copy
to him or her of such application. Such owner or tenant shall be afforded
a reasonable opportunity to respond to the application. A hearing may be
held upon the request of either patty, or the commission may hold a hearing
on his or her own motion. The commissioner shall issue a written opinion
to both the tenant and the owner upon rendering his or her determination.
d. Within thirty days after the local effective date of the emergency tenant
protection act of nineteen seventy-four the owner of housing accommodations
as to which an application for adjustment of the initial legal regulated
rent may be made pursuant to subdivision b of this section shall give notice
in writing by certified mail to the tenant of each such housing accommodation
on a form prescribed by the commissioner of the initial legal regulated rent
for such housing accommodation and of such tenant-s right to file an application
for adjustment of the initial legal regulated rent of such housing accommodation.
e. Notwithstanding any contrary provision in this law an application for
an adjustment pursuant to this section must be filed within ninety days from
the initial registration this subdivision shall not extend any other time
limitations imposed by this law.
(L.1985, c. 907, § 1.)
