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This introduction to the New York City Rent Guidelines Board covers the structure, function and history of the Board and its role in the rent stabilization system. Some attention has also been given to the broader regulatory environment affecting all residential landlord/tenant relations within the City.

An Introduction to the NYC Rent Guidelines Board and the Rent Stabilization System

By Timothy Collins

Revised Edition March 2006

Posted online 8/24/2006

This 368-page book is available in PDF format for downloading and is broken into four sections.
Please be patient when downloading, as the pdf's are large files.
PDF Section 1, the main body of the Intro
,
PDF Section 2 Appendices A-N,
PDF Section 3 Appendices O-W
and
PDF Section 4 Appendices X-Z

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TABLE OF CONTENTS

PDF Section 1 (Size: 2.8 MB)

Preface

Acknowledgements

Introduction

Membership on the Board

  • composition of the Board, terms of office, eligibility for appointment
  • vacancies and removal
  • conflicts of interest & financial disclosure
  • Board member compensation
  • bylaws of the Board
  • the Rent Guidelines Board staff & use of consultants
  • the Board's web site: housingnyc.com
  • legal status of the Board

History of the Board and Rent Regulation

  • rent regulation prior to the establishment of the Board
  • post-World War I controls
  • the Great Depression
  • World War II Era Controls
  • rent stabilization
  • Chapter 576
  • the Omnibus Housing Act of 1983
  • the Rent Regulation Reform act of 1993
  • the Rent Regulation Reform Act of 1997
  • the Rent Law of 2003
  • noteworthy aspects of selected court cases
  • the constitutionality of rent regulation
  • the U.S. Supreme Court's treatment of rent control laws
  • challenges to rent control laws before the NY Court of Appeals

Main Features of Rent Stabilization

  • The landlord/tenant context - objectives, enforcement and primary provisions of the RSL, ETPA, RS Code and related laws
  • affordability
  • habitability
  • security of tenure
  • fair returns
  • the commensurate rent formula
  • protection against tenant abuses/subletting, lease assignment, succession rights, primary residence
  • Administration of rents under rent stabilization: the role of the Division of Housing and Community Renewal (DHCR)
  • Major Capital Improvements (MCI's) and individual apartment improvements
  • hardship rent increases
  • Fair Market Rent appeals
  • overcharge proceedings
  • other adjustments in rent (air conditioners, failure to maintain services, failure to register, vacancy and income deregulation)

Duties of the Rent Guidelines Board

  • establishment of the basic rent adjustments for renewal leases in apartments, hotels and lofts
  • special orders
  • sublet allowances
  • supplemental rent adjustments
  • special guidelines & decontrolled units
  • electrical inclusion adjustment
  • buildings with J-51 or 421-a tax abatements
  • stabilizers
  • other - fractional terms, escalator clauses
  • exemptions to orders
    warehousing exemptions
    registration exemption/hotels
    resolutions
  • research & mandated considerations
  • economic condition of the residential real estate industry
           Price Index of Operating Costs (PIOC)
           Price Index Projections
           RGB Rent Index
           Income & Expense Study
  • the cost and availability of financing:
            the Mortgage Survey
  • overall supply of housing and overall vacancy rates:
           the Housing Supply Report

           the Changes to the Rent Stabilized Housing Stock Report
  • data from the cost of living indices:
            the Income and Affordability Study
  • other data: summary of special research from 1989-2000
  • meetings, hearings and administrative procedures
    meetings 
    hearings
    administrative procedures
  • voting meetings - order of business
  • final orders and explanatory statements

TABLES AND CHARTS

  • Table I New York City's Housing Emergency -- Net Rental Vacancy Rates
  • Table II Highlights of Rent Regulation in New York
  • Chart I Rent Regulation and Construction of New Housing
  • Chart II The Overcrowding Problem Today
  • Table III Percent of Gross Income Paid in Rent for all Renters and Stabilized Renters in New York City, 1970-2005
  • Table IV Commensurate Rent Increases as reported to the RGB
  • Table V Supplemental Rent Adjustments in RGB Orders, 1983-2005
  • Chart III Percent Change in PIOC and the Core PIOC, 1982-2006
  • Chart IV Ratio of O&M Costs to NOI for each Dollar of Income
  • Chart V Average Interest Rates for New and Refinanced Mortgages, 1981-2005
  • Table VI NYC Median Stabilized Renter Household Income, 1974-2004
  • Chart VI Stabilized Median Rent Burdens, NYC, 1970-2005

APPENDICES

PDF Section 2 Appendices A-N (Size: 3.0 MB)

  • A. Rent Stabilization Law §26-510
  • A1. Local Law 11
  • B. Board members since 1969
  • B.1 Executive Directors since 1980
  • C. Public Officers Law §3 and §30
  • D. Oath of Office
  • D1. Board Member written statement of eligibility
  • D2. Financial Disclosure form (COIB) sample page
  • D3. Sign-in sheet for Board Members
  • D4. Per Diem requisition form
  • E. NYC Charter §2604(b) & (c) Conflict of Interest
  • F. Bylaws of the Board
  • G. Payment History of the Price Index Contract
  • H. Board Resolution Delegating Contracting Authority to the Chair
  • I. RGB Employee Manual
  • J. The Commensurate Rent Index formula
  • K. History of Income/Expense issue (Table 14 memo)
  • K1. Income & Expense review 1993
  • L. Multiple Dwelling Law §286
  • M. Chart of previous Apartment Orders, 1969-2006
  • M1. Chart of previous Hotel Orders, 1969-2006
  • N. Apartment Order #37
  • N1. Explanatory Statement to Apartment Order #37
  • N2. Hotel Order #35
  • N3. Explanatory Statement to Hotel Order #35

PDF Section 3 Appendices O-W (Size: 12.6 MB)

  • O. Rent Stabilization Law §26-513
  • P. Excerpts from J-51 and 421-a regulations
  • Q. Hotel Study 1991
  • Q1. Hotel Study update 1992
  • R. 'What to do with the Price Index,' Dr. Blackburn, February 2000
  • S. RGB Staff price projections 1975-2006
  • T. Price Index changes and stabilized rent increases 1969-2005
  • U. The RGB Rent Index
  • V. Consumer Price Index and stabilized rent increases 1969-2005
  • V1. Consumer Price Index and PIOC Increases, 1969-2005
  • W. Open Meeting Law (selected sections)

PDF Section 4 Appendices X-Z (Size: 8.0 MB)

  • X. NYC Charter §§1041-45 (from City Administrative Procedure Act)
  • Y. 1999 Housing and Vacancy Survey summary
  • Z. Changes to the Rent Stabilized Housing Stock in NYC: 1994-2002

OTHER NOTEWORTHY MATERIALS (not contained in this book)

1. Triennial Housing and Vacancy Survey
2. Housing NYC: Rents Markets and Trends 1989-2005
3. Price Index of Operating Costs 1969-2006 Apartments, Hotels, Lofts
4. Rent Stabilization Code
5. Rent Stabilization Law of 1969
6. Emergency Tenant Protection Act of 1974, as amended.
7. Rent Guidelines Board Orders and Explanatory Statements 1969-2006
8. DHCR 'Fact Sheets' for Rent Regulated Housing


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