PART 2520 -- SCOPE
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TABLE OF CONTENTS
Section 2520.1. Statutory authority.
2520.2. Amendment of codes.
2520.3. Construction and implementation.
2520.4. Delegation of authority.
2520.5. Designations.
2520.6. Definitions.
2520.7. Effective date.
2520.8. Amendment or revocation.
2520.9. Filing of amendments.
2520.10 Separability.
2520.11 Applicability.
2520.12 Effect of this Code on leases and
other rental agreements.
2520.13 Waiver of benefit void.
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Sec. 2520.1. STATUTORY AUTHORITY.
This Subchapter is promulgated and adopted pursuant to the powers
granted to the Division of Housing and Community Renewal by
chapter 888 of the Laws of New York for the year 1985.
Sec. 2520.2. AMENDMENT OF CODES.
Sections I through 66, inclusive, of the code of the Rent
Stabilization Association of New York City, Inc., and sections I
through 64, inclusive, of the code of the Metropolitan Hotel
Industry Stabilization Association, Inc., as last amended, are
hereby further amended by deleting such sections in their
entirety and sections 2520.1 through 2530.1 of this Subchapter,
inclusive, are hereby adopted, and this Code shall hereafter be
known as the Rent Stabilization Code. Chapter VIII of this
Subtitle is hereby redesignated to be known as Rent Stabilization
Regulations and divided into Subchapter A--Emergency Tenant
Protection Regulations, consisting of existing Parts 2500-2510;
and Subchapter B--Rent Stabilization Code, consisting of new
Parts 2520-2530.
Sec. 2520.3. CONSTRUCTION AND IMPLEMENTATION.
This Code shall be construed so as to carry out the intent of the
Rent Stabilization Law to ensure that such statute shall not be
subverted or rendered ineffective, directly or indirectly, and to
prevent the exaction of unjust, unreasonable and oppressive rents
and rental agreements, and to forestall profiteering, speculation
and other disruptive practices tending to produce threats to the
public health, safety and general welfare; and that the policy
herein expressed shall be implemented with due regard for the
preservation of regulated rental housing.
Sec. 2520.4. DELEGATION OF AUTHORITY.
The Commissioner of Housing and Community Renewal may delegate to
a deputy commissioner, an assistant commissioner, a rent
administrator or any other person or persons, the authority to
carry out any of the duties and powers granted to him by the New
York City Rent Stabilization Law or this Code, and the Emergency
Tenant Protection Act of Nineteen Seventy-four as amended.
Sec. 2520.5. DESIGNATIONS.
When used in this Code, unless a different meaning clearly
appears from the context, the following terms shall mean and
include:
(a) RSL. Title 26 of the Administrative Code of the City of New
York, sections 26-501 through 26-520, as recodified by
chapter 907 of the Laws of New York for the year 1985,
constituting the New York City Rent Stabilization Law.
(b) ETPA. The Emergency Tenant Protection Act of Nineteen
Seventy-four.
(c) State Rent Law. The New York State Emergency Housing Rent
Control Law, commonly referred to as the State Rent Control
Law.
(d) City Rent Law. Title 26 of the Administrative Code of the
City of New York, sections 26-401 through 26-415, as
recodified by chapter 907 of the Laws of New York for the
year 1985, constituting the New York City Rent and
Rehabilitation Law, commonly referred to as the City Rent
Control Law.
(e) PHFL. The Private Housing Finance Law.
(f) MDL. The Multiple Dwelling Law.
(g) City Rent and Eviction Regulations. Regulations adopted and
promulgated by the State Division of Housing and Community
Renewal pursuant to the City Rent Law, Parts 2200-2210 of
Title 9 NYCRR, officially known as the Official Compilation
of Codes, Rules and Regulations of the State of New York.
(h) DHCR. State Division of Housing and Community Renewal in the
Executive Department.
(i) Commissioner. Commissioner of the DHCR.
(j) City Rent Agency. DHCR as defined in the City Rent Law.
(k) HPD. New York City Department of Housing Preservation and
Development.
(l) Loft Board. The board created in the City of New York
pursuant to article 7-C of the MDL, to resolve complaints of
owners of interim multiple dwellings and of residential
occupants of such buildings qualified for the protection of
MDL article 7-C, and to act upon hardship applications made
pursuant to such article.
(m) Rent Guidelines Board. The board created in the City of New
York pursuant to the RSL to establish guidelines annually
for rent adjustments for leases or other rental agreements.
(n) Office of Rent Administration. The office of the DHCR
designated by the commissioner to administer the ETPA, the
RSL and the City and State Rent Laws.
(o) District Rent Office. The local rent administration office
of the DHCR for a particular rent area in the City of New
York.
(p) Rent Administrator. The person designated by the
commissioner to issue orders based on complaints or
applications made to the DHCR.
Sec. 2520.6. DEFINITIONS.
(a) Housing accommodation. That part of any building or
structure, occupied or intended to be occupied by one or
more individuals as a residence, home, dwelling unit or
apartment, and all services, privileges, furnishings,
furniture and facilities supplied in connection with the
occupation thereof. The term housing accommodation Will also
apply to any plot or parcel of land which had been regulated
pursuant to the City Rent Law prior to July 1, 1971 and
which became subject to the RSL after June 30, 1974.
(b) Hotel. Any Class A- or Class B multiple dwelling which
provides all of the services included in the rent as set
forth in section 2521.3 of this Title.
(c) Rent. Consideration, charge, fee or other thing of value,
including any bonus, benefit or gratuity demanded or
received for, or in connection with, the use or occupation
of housing accommodations or the transfer of a lease for
such housing accommodations.
(d) Tenant. Any person or persons named on a lease as lessee or
lessees, or who is or are a party or parties to a rental
agreement and obligated to pay rent for the use or occupancy
of a housing accommodation.
(e) Initial legal registered rent. The lawful rent for the use
and occupancy of housing accommodations under the RSL or the
ETPA, as first registered with the DHCR in accordance with
the RSL, ETPA and this Code, which has not been challenged
pursuant to Part 2526 of this Title, or if challenged, has
been determined by the DHCR.
(f) Legal regulated rent. The initial legal registered rent as
adjusted in accordance with this Code or the rent shown in
the annual registration statement filed four years prior to
the most recent registration statement (or if more recently
filed, the initial registration statement), plus in each
case, any subsequent lawful increases and adjustments.
(g) Vacancy lease. The first lease or rental agreement for a
housing accommodation that is entered into between an owner
and a tenant.
(h) Renewal lease. Any extension of a tenant's lawful occupancy
of a housing accommodation pursuant to section 2523.5 of
this Title.
(i) Owner. A fee owner, lessor, sublessor assignee, net lessee,
or a proprietary lessee of a housing accommodation in a
structure or premises owned by a cooperative corporation or
association, or an owner of a condominium unit or the
sponsor of such cooperative corporation or association or
condominium development, or any other person or entity
receiving or entitled to receive rent for the use or
occupation of any housing accommodation, or an agent of any
of the foregoing, but such agent shall only commence a
proceeding pursuant to section 2524.5 of this Title, in the
name of such foregoing principals.
(j) Permanent tenant. For housing accommodations located in
hotels, an individual or such individual's family members
residing with such individual, who have continuously resided
in the same building as a principal residence for a period
of at least six months. In addition, a hotel occupant who
requests a lease of six months or more pursuant to section
2522.5(a)(2) of this Title, or who is in occupancy pursuant
to a lease of six months or more shall be a permanent tenant
even if actual occupancy is less than six months. Unless
otherwise specified, reference in this Code to "tenant"
shall include permanent tenant with respect to hotels.
(k) Subtenant or sublessee. Any person lawfully occupying the
housing accommodation pursuant to an agreement with the
tenant by authority of the lease or by virtue of rights
afforded pursuant to section 226-b of the Real Property Law.
Such person shall be entitled to all of the benefits of and
be subject to all of the obligations of this Code except the
right to renew, and the right to purchase upon conversion to
cooperative or condominium ownership.
(l) Occupant. Any person occupying a housing accommodation as
defined in and pursuant to section 235-f of the Real
Property Law. Such person shall not be considered a tenant
for the purposes of this Code.
(m) Hotel occupant. Any person residing in a housing
accommodation in a hotel who is not a permanent tenant. Such
person shall not be considered a tenant for the purposes of
this Code, but shall be entitled to become a permanent
tenant as defined in subdivision (j) of this section, upon
compliance with the procedure set forth in such subdivision.
(n) Immediate family. A husband, wife, son, daughter, stepson,
stepdaughter, father, mother, stepfather, stepmother,
brother, sister, grandfather, grandmother, grandson or
granddaughter of the owner.
(o) Family member.
(1) A husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother,
sister, nephew, niece, uncle, aunt, grandfather,
grandmother, grandson, granddaughter, father-in-law,
mother-in-law, son-in-law or daughter-in-law of the
tenant or permanent tenant; or
(2) Any other person residing with the tenant or permanent
tenant in the housing accommodation as a primary or
principal residence, respectively, who can prove
emotional and financial commitment, and interdependence
between such person and the tenant or permanent tenant.
Although no single factor shall be solely
determinative, evidence which is to be considered in
determining whether such emotional and financial
commitment and interdependence existed, may include
without limitation, such factors as listed below. In no
event would evidence of a sexual relationship between
such persons be required or considered.
(i) longevity of the relationship;
(ii) sharing of or relying upon each other for
payment of household or family expenses, and/or
other common necessities of life;
(iii) intermingling of finances as evidenced by,
among other things, joint ownership of bank
accounts, personal and real property, credit
cards, loan obligations, sharing a household
budget for purposes of receiving government
benefits, etc.;
(iv) engaging in family-type activities by jointly
attending family functions, holidays and
celebrations, social and recreational
activities, etc.;
(v) formalizing of legal obligations, intentions,
and responsibilities to each other by such
means as executing wills naming each other as
executor and/or beneficiary, granting each
other a power of attorney and/or conferring
upon each other authority to make health care
decisions each for the other, entering into a
personal relationship contract, making a
domestic partnership declaration, or serving as
a representative payee for purposes of public
benefits, etc.;
(vi) holding themselves out as family members to
other family members, friends, members of the
community or religious institutions, or society
in general, through their words or actions;
(vii) regularly performing family functions, such as
caring for each other or each other's extended
family members, and/or relying upon each other
for daily family services;
(viii) engaging in any other pattern of behavior,
agreement, or other action which evidences the
intention of creating a long-term, emotionally
committed relationship.
(p) Senior citizen. A person who is 62 years of age or older.
(q) Disabled person. Except as provided pursuant to paragraph
(4) of subdivision (b) of section 2523.5 of this Title
(Renewal of Lease), a person who has an impairment which
results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or
any controlled sub-stance, which are demonstrable by
medically acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and which
prevent such person from engaging in any substantial gainful
employment.
(r) Required services.
(1) That space and those services which the owner was
maintaining or was required to maintain on the
applicable base dates set forth below, and any
additional space or services provided or required to be
provided thereafter by applicable law. These may
include, but are not limited to, the following:
repairs, decorating and maintenance, the furnishing of
light, heat, hot and cold water, elevator services,
janitorial services and removal of refuse.
(2) For housing accommodations located in hotels in
addition to the definition set forth in paragraph (1)
of this subdivision, required services shall also
include the services set forth in section 2521.3 of
this Title, and any other services provided, or
required to be provided by applicable law on the
applicable base dates set forth below, including but
not limited to telephone switchboard, bellhop,
secretarial, and front desk services.
(3) Ancillary services. That space and those required
services not contained within the individual housing
accommodation which the owner was providing on the
applicable base dates set forth below, and any
additional space and services provided or required to
be provided thereafter by applicable law. These may
include, but are not limited to, garage facilities,
laundry facilities, recreational facilities, and
security. Such ancillary services are subject to the
following provisions:
(i) No owner shall require a tenant or prospective
tenant to lease, rent or pay for an ancillary
service, other than security, as a condition of
renting a housing accommodation.
(ii) Where an ancillary service is provided to a
tenant pursuant to a lease or rental agreement
separate and apart from the lease or rental
agreement for the housing accommodation
occupied by the tenant, the tenant shall not be
required to renew such lease, or rental
agreement, for the ancillary service upon the
expiration of such lease or rental agreement.
(iii) Where an ancillary service is provided to a
tenant pursuant to a lease or rental agreement
for a housing accommodation, whether at a
charge separate and apart from the rental of
the housing accommodation, or included in the
legal regulated rent, the tenant may be
required to renew the rental term for the
ancillary service upon the renewal of the lease
for the housing accommodation. However, where
the owner requires a tenant to continue such
ancillary service, the owner may not
unreasonably withhold consent to the tenant to
sublet for the term of each renewal lease, the
space or other facility constituting the
ancillary service.
(iv) For housing accommodations located in hotels,
where telephone switchboard service is not
provided or required to be provided pursuant to
paragraph (2) of this subdivision, an owner
shall not deny a permanent tenant permission to
install a private telephone, provided that such
installation shall not cause undue economic
hardship to the owner, nor shall an owner cause
the removal of a pay telephone from the
premises.
(4) The base dates for required services shall be:
(i) for housing accommodations subject to the RSL
on June 30, 1974, for building-wide and
individual dwelling unit services: May 31,
1968;
(ii) for housing accommodations subject to the RSL
pursuant to section 421-a of the Real Property
Tax Law, for building wide and individual
dwelling unit services: the date of issuance of
the initial Certificate of Occupancy;
(iii) for housing accommodations subject to the RSL
on June 30, 1971, and exempted thereafter as a
result of a vacancy prior to June 30, 1974, for
building- wide services: May 31, 1968; for
individual dwelling unit services: May 29,
1974;
(iv) for dwelling units which became subject to the
RSL on July 1, 1974, pursuant to section 423 of
the Real Property Tax Law, for building-wide
and individual unit services: May 29, 1974,
except that for housing accommodations in the
Riverton Apartments at East 138th Street,
Manhattan, which became subject to the RSL on
July 1, 1974, pursuant to an initial legal
regulated rent date of June 30, 1973, for
building-wide and individual dwelling unit
services: June 30, 1973;
(v) for housing accommodations which are subject to
this Code solely as a condition of receiving or
continuing to receive benefits pursuant to
section 11-243 (formerly J51-2.5) or 11-244
(formerly J51-5.0) of the Administrative Code
of the City of New York, as amended, for
building-wide and individual unit services:
January 1, 1976, or the date of the issuance of
a Certificate of Reasonable Cost, whichever is
later;
(vi) for housing accommodations for which rents are
established by governmental agencies pursuant
to the PHFL, or which are first made subject to
this Code pursuant to the PHFL, the building-
wide and individual unit services which were
required for approval in connection with the
establishment of initial rents pursuant to the
PHFL: the effective date of the initial rents;
(vii) for housing accommodations whose rentals were
previously regulated under the PHFL or any
other State or Federal law, other than the RSL
or the City Rent Law: the date such regulation
ends;
(viii) for housing accommodations contained in Class B
multiple dwelling units, including single room
occupancy facilities, rooming houses or rooming
units made subject to the ETPA on June 4, 1981,
for building-wide and individual dwelling unit
services: June 4, 1981;
(ix) for housing accommodations which are first made
subject to this Code pursuant to article 7-C of
the MDL, for building-wide and individual
dwelling unit services: the effective date of
the initial rents established by the Loft
Board;
(x) for all other housing accommodations not
subject to the RSL on June 30, 1974, which
become subject to the RSL on or after July 1,
1974 pursuant to the ETPA, for building-wide
and individual dwelling unit services: May 29,
1974.
A service as defined in paragraph (3) of this
subdivision for which there is or was a separate
charge, shall not be subject to the provisions of this
Code where no common ownership between the operator of
such service and the owner exists or existed on the
applicable base date, or at any time subsequent
thereto, and such service is or was provided on the
applicable base date and at all times thereafter by an
independent contractor pursuant to a contract or
agreement with the owner. Where, however, on the
applicable base date or at any time subsequent thereto,
there is or was a separate charge, and there is or was
common ownership, directly or indirectly, between the
operator of such service and the owner, or the service
was provided by the owner, any increase, other than the
charge provided in the initial agreement with a tenant
to lease, rent or pay for such service, shall conform
to the applicable rent guidelines rate. However,
notwithstanding such common ownership, where such
service was not provided primarily for the use of
tenants in the building or building complex on the
applicable base date or at any time subsequent thereto,
such increases shall not be subject to any guidelines
limitations.
(5) Each housing accommodation must be painted at least
once every three years in compliance with title 27 of
the Administrative Code of the City of New York (the
Housing Maintenance Code). In no event shall a tenant
be required to pay a painting deposit or to contribute
to the cost of the painting except to the extent the
owner agrees to provide services in connection with the
painting which are not required, and the tenant
consents in writing to pay therefor. Any painting
deposit previously required shall be returned to the
tenant on renewal of his or her lease.
(s) Documents. Records, books, accounts, correspondence,
memoranda and other documents, and copies, including
microphotographic copies, of any of the foregoing.
(t) Final order. A final order shall be an order of a rent
administrator not appealed to the commissioner within the
period authorized pursuant to section 2529.2 of this Title,
or an order of the commissioner.
Sec. 2520.7. EFFECTIVE DATE.
In accordance with the provisions of the State Administrative
Procedure Act, this Code shall be effective May 1 , 1987, and all
amendments to this Code shall become effective in accordance with
the State Administrative Procedure Act. Where implementation of a
provision would require new or significantly revised filing
procedures or notice requirements, the DHCR may postpone
implementation of such provision, as required, for up to 180 days
after the effective date of this Code, by an advisory opinion
issued pursuant to section 2527.11 of this Title, which shall be
available to the public on such effective date. Where such
postponement is deemed necessary, current filing procedures,
notice requirements, or forms, if any, may be utilized until
revision thereof.
Sec. 2520.8. AMENDMENT OR REVOCATION.
Any provision of this Code may be amended or revoked at any time
in accordance with the procedure set forth in chapter 888 of the
Laws of New York for the year 1985, or as otherwise provided by
the State Administrative Procedure Act.
Sec. 2520.9. FILING OF AMENDMENTS.
Such amendment or revocation shall be filed with the Secretary of
State and shall take effect upon the date of filing unless
otherwise specified therein or as otherwise provided by the State
Administrative Procedure Act.
Sec. 2520.10. SEPARABILITY.
If any provision of this Code or the application of such
provision to any person or circumstance shall be held invalid,
the validity of the remainder of this Code and the applicability
of such provision to other persons or circumstances shall not be
affected thereby.
Sec. 2520.11. APPLICABILITY.
This Code shall apply to all or any class or classes of housing
accommodations made subject to regulation pursuant to the RSL or
any other provision of law, except the following housing
accommodations for so long as they maintain the status indicated
below:
(a) housing accommodations subject to the City Rent Law;
(b) housing accommodations owned, operated or leased by the
United States, the State of New York, any political
subdivision, agency or instrumentality thereof, any
municipality or any public housing authority;
(c) housing accommodations for which rentals are fixed by the
DHCR or HPD, unless, after the establishment of initial
rents, the housing accommodations are made subject to the
RSL pursuant to applicable law, or housing accommodations
subject to the supervision of the DHCR or HPD under other
provisions of law or the New York State Urban Development
Corporation, or buildings aided by government insurance
under any provision of the National Housing Act to the
extent the RSL or any regulation or order issued thereunder
is inconsistent with such act. However, housing
accommodations in buildings completed or substantially
rehabilitated prior to January 1, 1974, and whose rentals
were previously regulated under the PHFL or any other State
or Federal law, other than the RSL or the City Rent Law,
shall become subject to the ETPA, the RSL and this Code,
upon the termination of such regulation. An owner of such
housing accommodations shall not be eligible for a rent
adjustment pursuant to section 2522.4(b) or (c) of this
Title, for a period of three years, where such owner would
not qualify for such rent adjustment in the absence of a
voluntary dissolution, termination, or reconstitution
pursuant to the PHFL or other State or Federal laws;
(d) buildings containing fewer than six housing accommodations
on the date the building first became subject to the RSL,
unless such buildings are otherwise subject to this Code
pursuant to the RSL or other statutes and regulations; for
the purposes of this subdivision, a building shall be deemed
to contain six or more housing accommodations if it was part
of a multiple family garden-type maisonette dwelling complex
containing six or more housing accommodations having common
facilities such as a sewer line, water main or heating plant
and was operated as a unit under common ownership on the
date the building or complex first became subject to the
RSL, notwithstanding that Certificates of Occupancy were
issued for portions thereof as one- or two-family dwellings;
(e) housing accommodations in buildings completed or buildings
substantially rehabilitated as family units on or after
January 1, 1974, except such buildings which are made
subject to this Code by provision of the RSL or any other
statute;
(f) housing accommodations owned, operated, or leased or rented
pursuant to governmental funding, by a hospital, convent,
monastery, asylum, public institution, or college or school
dormitory or any institution operated exclusively for
charitable or educational purposes on a nonprofit basis, and
occupied by a tenant whose initial occupancy is contingent
upon an affiliation with such institution; however, a
housing accommodation occupied by a nonaffiliated tenant
shall be subject to the RSL and this Code;
(g) rooms or other housing accommodations in hotels where such
housing accommodations (1) are used for transient occupancy;
(2) were rented on May 31, 1968 for more than $350 per month
or $88 per week; or (3) are contained in a hotel which was
constructed after July 1, 1969;
(h) any motor court, or any part thereof, any trailer, or
trailer space used exclusively for transient occupancy or
any part thereof; or any tourist home serving transient
guests exclusively, or any part thereof. The term "tourist
home" shall mean a rooming house which caters primarily to
transient guests and is known in the community as a tourist
home;
(i) nonhousekeeping, furnished housing accommodations, located
within a single dwelling unit not used as a rooming or
boarding house, but only if:
(1) no more than two tenants for whom rent is paid (husband
and wife being considered one tenant for this purpose),
who are not members of the owner's immediate family,
live in such dwelling unit; and
(2) the remaining portion of such dwelling unit is occupied
by the owner or his or her immediate family; provided
that this exemption shall not apply where the tenancy
commenced prior to July l, 1971;
(j) housing accommodations in buildings operated exclusively for
charitable purposes on a nonprofit basis;
(k) housing accommodations which are not occupied by the tenant,
not including subtenants or occupants, as his or her primary
residence as determined by a court of competent
jurisdiction;
(l) housing accommodations contained in buildings owned as
cooperatives or condominiums on or before June 30, 1974; or
thereafter, as provided in section 352-eeee of the General
Business Law in accordance with section 2522.5(h) of this
Title;
(m) housing accommodations occupied by domestic servants,
superintendents, caretakers, managers or other employees to
whom the space is provided as part or all of their
compensation without payment of rent and who are employed
for the purpose of rendering services in connection with the
premises of which the housing accommodation is a part;
(n) housing accommodations used exclusively for professional,
commercial, or other nonresidential purposes;
(o) housing accommodations in buildings completed or
substantially rehabilitated as family units on or after
January 1, 1974, or located in a building containing less
than six housing accommodations, and which were originally
made subject to regulation solely as a condition of
receiving tax benefits pursuant to section 11-243 (formerly
J51-2.5) or section 11-244 (formerly J51-5.0) of the
Administrative Code of the City of New York, as amended, or
article XVIII of the PHFL; and thereafter receipt of such
tax benefits has concluded pursuant to these sections or
article XVIII, and:
(1) for housing accommodations which were subject to the
RSL pursuant to section 11-243(formerly J51-2.5) or
section 11-244 (formerly J51-5.0) or PHFL article XVIII
became vacant; or
(2) for housing accommodations which received benefits
pursuant to section 11-243 (formerly J51-2.5) or
section 11-244 (formerly J51-5.0) or article XVIII of
the PHFL, each lease and each renewal thereof of the
tenant in residence at the time of the expiration of
the tax benefit period includes a notice, in at least
12-point type informing such tenant that the housing
accommodation shall become deregulated upon the
expiration of the last lease or rental agreement
entered into during the tax benefit period, and states
the approximate date on which such tax benefit period
is scheduled to expire;
(p) housing accommodations in buildings completed or
substantially rehabilitated as family units on or after
January 1, 1974 or located in a building containing less
than six housing accommodations, and which were originally
made subject to regulation solely as a condition of
receiving tax benefits pursuant to section 421-a of the Real
Property Tax Law, as amended, and:
(1) the housing accommodations which were subject to the
RSL pursuant to section 421-a became vacant; or
(2) for housing accommodations which first became subject
to the rent stabilization requirements of section 42 I-
a after July 3, 1984, where each lease and each renewal
thereof of the tenant in occupancy at the time the
period of tax exemption pursuant to section 421-a
expires, contains a notice in at least 12-point type
informing such tenant that the housing accommodation
shall become deregulated upon the expiration of the
last lease or rental agreement entered into during the
tax benefit period and states the approximate date on
which such tax benefit period is scheduled to expire;
(q) housing accommodations which would otherwise be subject to
rent regulation solely by reason of the provisions of
article 7-C of the MDL requiring rent regulation, but which
are exempted from such provisions pursuant to section 286(6)
and 286(12) of the MDL;
(r) housing accommodations exempted pursuant to any other
provision of law.
Sec. 2520.12. EFFECT OF THIS CODE ON LEASES AND OTHER
RENTAL AGREEMENTS.
The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as
those provisions are inconsistent with the ETPA, the RSL or this
Code, and in such event such provisions shall be void and
unenforceable. For housing accommodations made subject to the RSL
and this Code pursuant to section 2520.11 (c) of this Part, where
such leases or rental agreements are so inconsistent as to render
them ineffective in defining the rights and duties of tenants and
owners, the DHCR may order the provision of new leases consistent
with the ETPA, the RSL and this Code. No renewal lease or vacancy
lease offered to a tenant shall contain any right of cancellation
or eviction by the owner during the term thereof except as
provided for by the ETPA, the RSL or this Code
Sec. 2520.13. WAIVER OF BENEFIT VOID.
An agreement by the tenant to waive the benefit of any provision
of the RSL or this Code is void; provided, however, that based
upon a negotiated settlement between the parties and with the
approval of the DHCR, or a court of competent jurisdiction where
a tenant is represented by counsel, a tenant may withdraw, with
prejudice, any complaint pending before the DHCR. Such settlement
shall not be binding upon any subsequent tenant, except to the
extent that the complaint being settled is subject to the time
limitations set forth in the RSL and this Code.