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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, September 30, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Fire Department proposes to adopt this rule to implement the provisions of Local Law No. 103 of 2019 regarding hurricane evacuation notices and to require apartment building owners to take certain actions to ensure compliance with the requirement of fire safety notices on dwelling unit doors.

The Fire Department is re-noticing this proposed rule for public comment on changes to the rule made in response to the public comments received on the rule as it was originally proposed.

Hurricane Evacuation Notices

Local Law 103 requires apartment building owners (Group R-2 buildings and occupancies) within a hurricane evacuation zone, as designated by Commissioner of the Office of Emergency Management (now New York City Emergency Management or NYCEM) to post a hurricane evacuation notice in a common area of the building. The notice is intended to inform building occupants of the current hurricane evacuation zone designation for the building and the means by which building residents can determine the closest hurricane evacuation centers, namely by calling 311 or viewing the online Hurricane Evacuation Zone finder operated by NYCEM. The law provides that “[s]uch notice shall be in such form as prescribed by the commissioner by rule and shall be posted within a common area of the building and such other locations as set forth in the rules.”

Fire Department rule 3 RCNY § 401-06 sets forth emergency preparedness requirements for apartment buildings. The proposed rule would amend Section 401-06 to require the posting of the hurricane evacuation notice in a conspicuous location in the building lobby at street level, either near the main building entrance, in the mailbox area or by the elevators or main stairwell.

The proposed rule prescribes that the notice take the form of the hurricane evacuation notice posted on NYCEM’s website and that it be affixed to the wall by adhesive or in a frame, displayed in an enclosed, locked bulletin board, or otherwise durably and securely posted.

Fire Safety Notices

Fire and emergency preparedness notices (entitled “Fire Safety Notices”) are required to be posted on the interior side of dwelling unit doors. The posting of this notice has been required for almost 20 years.

The Fire Department does not ordinarily inspect dwelling units and therefore does not have a means to enforce replacement of missing or damaged notices. When it has found missing or damaged notices, owners have maintained that the rule does not clearly require prompt replacement of the notices.

To address these issues, the Fire Department proposes to amend Section 401-06 to require building owners and cooperative or condominium association board of directors, or their representatives, to:

• inspect each dwelling unit at least once every three years to confirm the presence of the notice, and to replace missing or damaged notices whenever the owner or the owner’s managing agent or building staff become aware of a missing or damaged notice, or, in apartment buildings with a cooperative or condominium form of ownership, require the apartment owner to post the replacement notice provided by such board; and/or

• obtain written certification from the tenant or apartment owner that the notice has been posted by delivering to each dwelling unit a form for completion and return to the owner or board that includes a statement from the Fire Department regarding the importance of the notice.

Public Comment and Fire Department Response

Three major organizations representing residential building owners and managers submitted comments objecting to the inspection requirement that owners inspect apartments for compliance with the longstanding requirement that a fire safety notice be posted on the back of each dwelling unit door. Comments were also submitted with respect to the requirements for the hurricane evacuation notice.

• Hurricane Evacuation Notice

Comment: Tenants would be better informed if the fire and emergency preparedness guide for apartment buildings (which is entitled “NYC Apartment Building Emergency Preparedness Guide”) and evacuation/emergency preparedness checklist indicated that the hurricane evacuation zone could be found on a notice in the building lobby.

Response: The suggestion is a good one. Consideration will be given to revising the Guide and checklist for the next distribution cycle. In the interim, building owners are free to reference the hurricane evacuation notice in the “other information” section on the building-specific Building Information Section that accompanies the Guide and checklist.

Comment: We urge the Fire Department to consider the consolidation of apartment building notices with other notices required by the agency in an effort to reduce the "wallpapering" of common areas in apartment buildings. The reality for apartment building owners, particularly for less sophisticated, smaller owners, is that maintaining and keeping track of the extraordinary number of notices required by the City, and protecting those notices from vandalism, is an extremely burdensome task.

Response: We are sympathetic to this concern. We appreciate that other City agencies have signage requirements but we cannot adjust those requirements. This Fire Department rule requires three lobby postings: the Building Information Section that accompanies the Guide, a copy of the fire safety notice posted in the apartments, and now the hurricane evacuation notice. The Fire Department has no objection to a single posting consolidating these requirements, provided it is legible and understandable. Building owners and/or their associations should contact the Fire Department through the Fire Code public inquiry form on the Fire Department website to obtain appropriate guidance.

• Fire Safety Notice Inspection

Comment: Apartment shareholders/unit owners receive ample instruction regarding building emergency protocols from the distribution of the Guide and other emergency preparedness information.

Response: The implication of this comment is that the posting of a fire safety notice in each apartment is unnecessary. The Fire Department begs to differ. When faced with a fire in one’s building, with smoke filling the public hallway corridors, not everyone will have the presence of mind to remember the instructions provided in the Guide, or the time to search for documents with instructions. Apartment residents who complete the evacuation/emergency preparedness checklist and given thought in advance to what actions they will take will be better prepared, but there is no substitute to having evacuation/shelter in place instructions posted right on the apartment door.

Comment: The rule should clarify how building owners should maintain records of the apartment inspection and indicate how these requirements will be enforced.

Response: Agreed. Section 401-06(e)(6)(C)(1) of the proposed rule has been revised accordingly.

Comment: When the requirements for fire safety notices were first promulgated, it was acknowledged that shareholders and unit owners often have strong feelings about the decor in their homes, and therefore it was required that boards of housing cooperatives and condominiums simply distribute these notices to these resident owners, provide replacements when requested and post the notices on any rental units that were under the control of the cooperative or condominium. We know of neither problems nor complaints that have arisen with this practical system in the intervening decades.

Response: Preferences for apartment décor cannot supersede interests of public safety. There is reason to believe that there is a lack of compliance with the posting requirement and hence the reason for this amendment. However, the Fire Department has attempted to balance the burden of compliance by allowing certification of compliance by the shareholder/unit owner (see below).

Comment: The rule should not make the fire safety notice inspection requirement applicable to cooperatives and condominiums. The obligation to inspect should fall on the shareholder/unit-owner rather than the board. Shareholder/unit owners are better positioned than the Board or managing agent to conduct such an inspection. Other City laws require these individuals – rather than boards or managing agents – to conduct inspections.

Response: In light of the comments indicating that apartment residents (whether rental tenants or shareholder/unit owners) should be responsible for fire safety notice compliance, we have revised the proposed rule to allow certification by the tenant/shareholder. Apartment building owners and managers will be required to inspect an apartment unit only if such certification is not timely received. See Section 401-06(e)(6)(C).

Comment: With the COVID-19 crisis, this is not the time to impose a new mandate for intrusive inspections into individual apartment.

Response: We understand the concern associated with apartment inspections at this time. Accordingly, we have revised the rule to require the fire safety notice inspection once every three years and timed to coincide with the distribution of the Guide and related documents. Accordingly, the obligation to conduct inspections (for apartments that have not submitted certifications) would not arise until after April 2022.

New text is underlined. Text proposed to be deleted is [bracketed].

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

.

Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Summary of Apartment & Loft Order No. 52

 

Adjustments for Apartments

The Rent Guidelines Board (RGB) by Order No. 52 has set the following maximum rent increases for rent stabilized leases with effective dates on or after October 1, 2020 and on or before September 30, 2021 for apartments under its jurisdiction: 

 

For a one-year lease commencing on or after October 1, 2020 and on or before September 30, 2021:          0%

For a two-year lease commencing on or after October 1, 2020 and on or before September 30, 2020:          0% for the first year of the lease and 1% for the second year of the lease.

  

Adjustments for Lofts

For Loft units to which these guidelines are applicable in accordance with Article 7-C of the Multiple Dwelling Law, the Board established the following maximum rent increases for increase periods commencing on or after October 1, 2020 and on or before September 30, 2021. 

 

For a one-year increase periods commencing on or after October 1, 2020 and on or before September 30, 2021:          0%

For a two-year increase periods commencing on or after October 1, 2020 and on or before September 30, 2021:  0% for the first year and 1% for the second year.

 

Special Guideline

Leases for units subject to rent control on September 30, 2020 that subsequently become vacant and then enter the stabilization system are not subject to the above adjustments. Such newly stabilized rents are subject to review by the State Division of Housing and Community Renewal (DHCR). In order to aid DHCR in this review the Rent Guidelines Board has set a special guideline of 39% above the maximum base rent.

Effective Date: 
Thu, 10/01/2020

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Thursday, June 11, 2020
Proposed Rules Content: 
STATEMENT OF BASIS AND PURPOSE
 
PROPOSED 2020 APARTMENT AND LOFT ORDER (#52)
 
The Rent Guidelines Board is authorized to promulgate rent guidelines governing apartment units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).
 
The Rent Guidelines Board is also authorized to promulgate rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law. The purpose of the loft guidelines is to implement the public policy set forth in the Legislative Findings of Article 7-C of the Multiple Dwelling Law (Section 280).
 
PROPOSED 2020 HOTEL ORDER (#50)
 
The Rent Guidelines Board is authorized to promulgate rent guidelines governing hotel units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).
Subject: 

Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a virtual public hearing on the proposed guidelines shall be held on 6/10/20 from 4pm to 7pm. This is the first of two hearings. The second virtual hearing will be held on 6/11/20 from 6pm to 9pm. You can testify by phone or online.

Location: 
Via Zoom
https://us02web.zoom.us/j/87476147429
By phone dial 646-558-8656, then enter Meeting ID: 874-7614-7429
Contact: 

People wishing to speak at the virtual hearings can register in advance. Note there are a limited number of slots for registration. If you are registered, you will be heard in the order of registration. If there is time at the end of each hearing, after all of those who have registered have been heard, we will hear from other attendees at each virtual hearing. Registration will begin on 6/1/20 at 9:00 A.M. and will end on 6/9/20 at 12:00 P.M. via our website nyc.gov/rgb, or call 212-669-7480.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Summary of Apartment & Loft Order No. 51

 

Adjustments for Apartments

The Rent Guidelines Board (RGB) by Order No. 51 has set the following maximum rent increases for rent stabilized leases subject to renewal on or after October 1, 2019 and on or before September 30, 2020 for apartments under its jurisdiction: 

 

For a one-year renewal lease commencing on or after October 1, 2019 and on or before September 30, 2020:          1.5%

For a two-year renewal lease commencing on or after October 1, 2019 and on or before September 30, 2020:          2.5% 

 

Adjustments for Lofts

For Loft units to which these guidelines are applicable in accordance with Article 7-C of the Multiple Dwelling Law, the Board established the following maximum rent increases for increase periods commencing on or after October 1, 2019 and on or before September 30, 2020. 

 

For a one-year increase periods commencing on or after October 1, 2019 and on or before September 30, 2020:          1.5%

For a two-year increase periods commencing on or after October 1, 2019 and on or before September 30, 2020:          2.5% 

 

Special Guideline

Leases for units subject to rent control on September 30, 2019 that subsequently become vacant and then enter the stabilization system are not subject to the above adjustments. Such newly stabilized rents are subject to review by the State Division of Housing and Community Renewal (DHCR). In order to aid DHCR in this review the Rent Guidelines Board has set a special guideline of 39% above the maximum base rent.

Effective Date: 
Tue, 10/01/2019

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, June 21, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

PROPOSED 2019 APARTMENT AND LOFT ORDER (#51)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing apartment units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

 

The Rent Guidelines Board is also authorized to promulgate rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law. The purpose of the loft guidelines is to implement the public policy set forth in the Legislative Findings of Article 7-C of the Multiple Dwelling Law (Section 280).


PROPOSED 2019 HOTEL ORDER (#49)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing hotel units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

Subject: 

Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a public hearing on the proposed guidelines shall be held in Manhattan. This is the fourth of four hearings. Additional hearings will be held in the Bronx on 6/11/19 from 5pm to 8pm; Brooklyn on 6/13/19 from 5pm to 8pm; and Queens on 6/18/19 from 5:30pm to 8:30pm.

Location: 
Oberia D. Dempsey Multi Service Center - Auditorium
127 West 127th Street
New York, NY 10027
Contact: 

Anyone who wants to comment on the proposed rule at a public hearing must sign up to speak. You can sign up before the hearing by calling 212-669-7480 and press 0 to register by 12:00pm the business day prior to the hearing. You can also register at the hearing locations from 5:00 PM to 8:00 PM on June 11,13 and 20 and from 5:30 PM to 8:30 PM on June 18.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Friday, June 21, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

PROPOSED 2019 APARTMENT AND LOFT ORDER (#51)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing apartment units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

 

The Rent Guidelines Board is also authorized to promulgate rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law. The purpose of the loft guidelines is to implement the public policy set forth in the Legislative Findings of Article 7-C of the Multiple Dwelling Law (Section 280).


PROPOSED 2019 HOTEL ORDER (#49)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing hotel units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

Subject: 

Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a public hearing on the proposed guidelines shall be held in the Bronx. This is the first of four hearings. Additional hearings will be held in Brooklyn on 6/13/19 from 5pm to 8pm; Queens on 6/18/19 from 5:30pm to 8:30pm; and Manhattan on 6/20/19 from 5pm to 8pm.

Location: 
Main Theatre of Hostos Community College/CUNY
450 Grand Concourse
Bronx, NY 10451
Contact: 

Anyone who wants to comment on the proposed rule at a public hearing must sign up to speak. You can sign up before the hearing by calling 212-669-7480 and press 0 to register by 12:00pm the business day prior to the hearing. You can also register at the hearing locations from 5:00 PM to 8:00 PM on June 11,13 and 20 and from 5:30 PM to 8:30 PM on June 18.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Summary of Apartment & Loft Order No. 50

 

The Rent Guidelines Board (RGB) by Order No. 50 has set the following maximum rent increases for rent stabilized leases subject to renewal on or after October 1, 2018 and on or before September 30, 2019 for apartments under its jurisdiction: 

 

For a one-year renewal lease commencing on or after October 1, 2018 and on or before September 30, 2019:          1.5%

For a two-year renewal lease commencing on or after October 1, 2018 and on or before September 30, 2019:          2.5% 

 

Vacancy Allowance

No vacancy allowance is permitted except as provided by the Rent Regulation Reform Act of 1997 and the Rent Act of 2015.

 

Sublet Allowance

The increase landlords are allowed to charge when a rent stabilized apartment is sublet by the primary tenant to another tenant on or after October 1, 2018 and on or before September 30, 2019 shall be 10%.

 

Adjustments for Lofts

For Loft units to which these guidelines are applicable in accordance with Article 7-C of the Multiple Dwelling Law, the Board established the following maximum rent increases for increase periods commencing on or after October 1, 2018 and on or before September 30, 2019. No vacancy allowance is included for lofts.

 

1 Year            2 Years

1.5%                2.5%

 

Any increase for a renewal lease may be collected no more than once during the guideline period governed by Order No. 50.

 

Special Guideline

Leases for units subject to rent control on September 30, 2018 that subsequently become vacant and then enter the stabilization system are not subject to the above adjustments. Such newly stabilized rents are subject to review by the State Division of Housing and Community Renewal (DHCR). In order to aid DHCR in this review the Rent Guidelines Board has set a special guideline of 39% above the maximum base rent.

 

All rent adjustments lawfully implemented and maintained under previous apartment Orders and included in the base rent in effect on September 30, 2018 shall continue to be included in the base rent for the purpose of computing subsequent rents adjusted pursuant to this Order.

Effective Date: 
Mon, 10/01/2018

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Friday, June 22, 2018
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

PROPOSED 2018 APARTMENT AND LOFT ORDER (#50)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing apartment units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

 

The Rent Guidelines Board is also authorized to promulgate rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law. The purpose of the loft guidelines is to implement the public policy set forth in the Legislative Findings of Article 7-C of the Multiple Dwelling Law (Section 280).


PROPOSED 2018 HOTEL ORDER (#48)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing hotel units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

Subject: 

Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a public hearing on the proposed guidelines shall be held in Lower Manhattan. This is the fourth of five hearings. Additional hearings will be held in Queens on 6/7/18 from 5:30pm to 8:30pm; the Bronx on 6/11/18 from 5pm to 8pm; Brooklyn on 6/13/18 from 5pm to 8pm; and Upper Manhattan on 6/21/18 from 5pm to 8pm.

Location: 
Great Hall at Cooper Union
7 East 7th Street At corner of 3rd Ave (basement)
New York, NY 10003
Contact: 

Anyone who wants to comment on the proposed rule at a public hearing must sign up to speak. You can sign up before the hearing by calling 212-669-7480 and press 0 to register.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 22, 2018
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

PROPOSED 2018 APARTMENT AND LOFT ORDER (#50)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing apartment units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

 

The Rent Guidelines Board is also authorized to promulgate rent guidelines for loft units subject to Section 286 subdivision 7 of the Multiple Dwelling Law. The purpose of the loft guidelines is to implement the public policy set forth in the Legislative Findings of Article 7-C of the Multiple Dwelling Law (Section 280).


PROPOSED 2018 HOTEL ORDER (#48)


The Rent Guidelines Board is authorized to promulgate rent guidelines governing hotel units subject to the Rent Stabilization Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974, as amended. The purpose of these guidelines is to implement the public policy set forth in Findings and Declaration of Emergency of the Rent Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative Code) and in the Legislative Finding contained in the Emergency Tenant Protection Act of 1974 (L.1974 c. 576, §4 [§2]).

Subject: 

Pursuant to Section 1043 of the City Charter and the hearing requirements of the Rent Stabilization Law of 1969, as amended, (Section 26-510(h) N.Y.C. Administrative Code) a public hearing on the proposed guidelines shall be held in Queens. This is the first of five hearings. Additional hearings will be held in the Bronx on 6/11/18 from 5pm to 8pm; Brooklyn on 6/13/18 from 5pm to 8pm; Lower Manhattan on 6/19/18 from 4pm to 8pm; and Upper Manhattan on 6/21/18 from 5pm to 8pm.

Location: 
Jamaica Performing Arts Center - Auditorium
153-10 Jamaica Avenue
Jamaica, NY 11432
Contact: 

Anyone who wants to comment on the proposed rule at a public hearing must sign up to speak. You can sign up before the hearing by calling 212-669-7480 and press 0 to register.

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Summary of Apartment & Loft Order No. 49

 

The Rent Guidelines Board (RGB) by Order No. 49 has set the following maximum rent increases for rent stabilized leases subject to renewal on or after October 1, 2017 and on or before September 30, 2018 for apartments under its jurisdiction: 

 

For a one-year renewal lease commencing on or after October 1, 2017 and on or before September 30, 2018:          1.25%

For a two-year renewal lease commencing on or after October 1, 2017 and on or before September 30, 2018:          2% 

 

Vacancy Allowance

No vacancy allowance is permitted except as provided by the Rent Regulation Reform Act of 1997 and the Rent Act of 2015.

 

Sublet Allowance

The increase landlords are allowed to charge when a rent stabilized apartment is sublet by the primary tenant to another tenant on or after October 1, 2017 and on or before September 30, 2018 shall be 10%.

 

Adjustments for Lofts

For Loft units to which these guidelines are applicable in accordance with Article 7-C of the Multiple Dwelling Law, the Board established the following maximum rent increases for increase periods commencing on or after October 1, 2017 and on or before September 30, 2018. No vacancy allowance is included for lofts.

 

1 Year            2 Years

1.25%                2%

 

Any increase for a renewal lease may be collected no more than once during the guideline period governed by Order No. 49.

 

Special Guideline

Leases for units subject to rent control on September 30, 2017 that subsequently become vacant and then enter the stabilization system are not subject to the above adjustments. Such newly stabilized rents are subject to review by the State Division of Housing and Community Renewal (DHCR). In order to aid DHCR in this review the Rent Guidelines Board has set a special guideline of 33% above the maximum base rent.

 

All rent adjustments lawfully implemented and maintained under previous apartment Orders and included in the base rent in effect on September 30, 2017 shall continue to be included in the base rent for the purpose of computing subsequent rents adjusted pursuant to this Order.

Effective Date: 
Sun, 10/01/2017

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