N.Y. Emergency Tenant Protection Act 576/74 § 9: Application for adjustment of initial legal regulated rent

§ 9. Application for adjustment of initial legal regulated rent. a.

The owner or tenant of a housing accommodation described in paragraph

one or two of subdivision b of section six may, within sixty days of the

local effective date of this act or the commencement of the first

tenancy thereafter, whichever is later, file with the state division of

housing and community renewal an application for adjustment of the

initial legal regulated rent for such housing accommodation. The state

division of housing and community renewal may adjust such initial legal

regulated rent upon a finding that the presence of unique or peculiar

circumstances materially affecting the initial legal regulated rent has

resulted in a rent which is substantially different from the rents

generally prevailing in the same area for substantially similar housing

accommodations.

b. The tenant of a housing accommodation described in paragraph two,

subdivision b, of section six may file with the state division of

housing and community renewal, within ninety days after notice has been

received pursuant to subdivision c of this section, an application for

adjustment of the initial legal regulated rent for such housing

accommodation. Such tenant need only allege that such rent is in excess

of the fair market rent and shall present such facts which, to the best

of his information and belief, support such allegation. The rent

guidelines board shall promulgate as soon as practicable after its

creation guidelines for the determination of fair market rents for

housing accommodations as to which an application may be made pursuant

to this subdivision. In rendering a determination on an application

filed pursuant to this subdivision b, the state division of housing and

community renewal shall be guided by such guidelines. Where the state

division of housing and community renewal has determined that the rent

charged is in excess of the fair market rent it shall order a refund, of

any excess paid since January first, nineteen hundred seventy-four or

the date of the commencement of the tenancy, whichever is later. Such

refund shall be made by the landlord in cash or as a credit against

future rents over a period not in excess of six months.

c. Upon receipt of any application filed pursuant to this section

nine, the state division of housing and community renewal shall notify

the owner or tenant, as the case may be, and provide a copy to him of

such application. Such owner or tenant shall be afforded a reasonable

opportunity to respond to the application. A hearing may be held upon

the request of either party, or the division may hold a hearing on its

own motion. The division shall issue a written opinion to both the

tenant and the owner upon rendering its determination.

d. Within thirty days after the local effective date of this act the

owner of housing accommodations described in paragraph two of

subdivision b of section six, as to which an emergency has been declared

pursuant to this act, shall give notice in writing by certified mail to

the tenant of each such housing accommodation on a form prescribed by

the state division of housing and community renewal of the initial legal

regulated rent for such housing accommodation and of such tenant's right

to file an application for adjustment of the initial legal regulated

rent of such housing accommodation.

e. The initial legal regulated rents for housing accommodations in a

city having a population of one million or more shall be subject to

adjustment in accordance with the provisions of the New York city rent

stabilization law as amended.