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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 9/15/2006

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TABLE OF CONTENTS

List of Tables and Charts

List of Appendices

List of Other Noteworthy Materials

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
  • 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
  • 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
  • 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

APPENDICES

OTHER NOTEWORTHY MATERIALS

1. Triennial Housing and Vacancy Survey (all years)
2. Housing NYC: Rents Markets and Trends 1989-2006
3. Price Index of Operating Costs 1969-2007 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 1969-2007
8. DHCR 'Fact Sheets' for Rent Stabilized Housing


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