New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
NEW YORK CITY RENT STABILIZATION CODE
ADVISORY OPINION: 87-4 (OCTOBER 1, 1987)
This Advisory Opinion is issued pursuant to Sections 2520.7 and
2527.11 of the Rent Stabilization Code.
Advisory Opinion 87-3 postponed the effective date for
implementation of certain provisions of the Rent Stabilization
Code to October 1, 1987. Except as is otherwise stated below
regarding Code Section 2522.5(c)(1) (Lease Rider), the DHCR has
determined that it is necessary to continue to postpone the
implementation of these provisions to October 28, 1987:
1. a. SECTION 2527.3 - NOTICE TO ALL PARTIES AFFECTED:
Subdivision (a) - which provides that the DHCR shall
serve all parties adversely affected thereby with a
copy of any application, complaint, answer or reply.
b. SECTION 2529.4 - SERVICE AND FILING OF A PAR:
Subdivision (b) - which provides that the DHCR shall
serve a copy of a PAR upon the adverse party.
The continued postponement of these sections applies only to
PAR's and to applications relating to building-wide improvements,
including MCI's and Hardships.
2. SECTION 2522.4 - ADJUSTMENT OF LEGAL REGULATED RENT:
THE FOLLOWING PROVISIONS WHICH ESTABLISH NEW PROCESSING
STANDARDS AND REQUIREMENTS
SUBDIVISION (A)(2)(D) - "Useful Life" will continue to be
applied to the extent currently utilized by the DHCR; a more
extensive "Useful Life" schedule, including provisions for
the waiver thereof under certain conditions, shall be made
available and relied upon by the DHCR as of October 28,
1987.
SUBDIVISION (A)(3) - The accelerated MCI procedure. Please
note that this provision of the Code is presently the
subject of litigation. The DHCR has been served with a court
order declaring that this provision cannot be implemented
unless another public-hearing is held. The DHCR believes
that the public has already had full opportunity to comment
on this provision, and is appealing the court's decision.
Because the outcome of the appeal is uncertain at this time,
the DHCR has determined that it would be in the best
interests of both owners and tenants to postpone the
implementation of the accelerated MCI procedure until the
appeal has been decided.
3. SECTION 2522.5 LEASE AGREEMENTS
SUBDIVISION (C)(1) - The DHCR has promulgated a new Lease
Rider pursuant to this subdivision. Such Lease Rider will be
made available by the DHCR to owners commencing in October,
1987. Owners will be required to attach a copy of the Lease
Rider to all vacancy and renewal leases which commence on or
after December 1, 1987. Owners will also be required to
serve such Lease Rider no later than February 1, 1987, on
all current tenants who signed vacancy or renewal leases
which commenced on or after April 1, 1984, but prior to
December 1, 1987.
Promulgation by the DHCR of a Spanish language version of
the revised Lease Rider is further postponed to October 28,
1987.
SUBDIVISION (C)(2) - The promulgation by the DHCR of a
Spanish language version of the Notice Of Rights And Duties
Of Hotel Owners And Tenants is further postponed to October
28, 1987.
4. SECTION 2523.5 - NOTICE FOR RENEWAL OF LEASE AND RENEWAL
PROCEDURE:
SUBDIVISION (A) - The required use of the new lease renewal
notice form to be prescribed by the DHCR is further
postponed to October 28, 1987.
Date: October 1, 1987
MANUEL MIRABAL
Deputy Commissioner
For Rent Administration
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DHCR Advisory Opinions are issued by the New York State Division
of Housing and Community Renewal (DHCR) and represent the
agency's interpretation of the rent laws.
On any challenge or appeal, the agency may claim it has wide
"discretion" to interpret the rent laws as it sees fit, as long
as it's interpretation is not arbitrary, capricious or an abuse
of discretion. In such instances, the agency must show it's
interpretation is consistent with past practice and rational.
Discretion is different from mandates where the agency is obliged
to follow certain policies, practices or interpretations.
Mandates are usually based in (and stated in) the law.
In many instances, the agency refuses (or fails) to issue
official interpretations in order to maintain it's discretion. In
practice, such unaccountable discretion is seen by some as an
abuse of the intent of the rent laws.
Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR.
Also see DHCR Policy Statements, DHCR Operational Bulletins, the
Rent Stabilization Code, the Rent Stabilization Law and various
Rent Control Statutes.
Every attempt has been made to conform to the original Advisory
Opinions as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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