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Disclaimer: By providing answers to frequently asked questions, the staff of the Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord-tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
In addition: The NYS Homes and Community Renewal's Office of Rent Administration (DHCR) also offers useful information on their own FAQ page as well as on their Forms and Information by Topic page.
• NYC.gov has a Buildings and Property FAQ that may provide useful answers.
• The New York Times regularly answers questions from rent stabilized tenants about various housing issues in their Ask Real Estate column.
What
is a "7A Administrator" and how does the appointment of one affect
landlords?
Typically,
a 7A administrator is appointed after a judge determines that a building
contains conditions "dangerous to life, health or safety" which
the building owner has failed to remedy. A 7A administrator may be appointed
after the petition of 1/3 of the tenants in the building or if the City's
Department of Housing Preservation & Development asks the courts to appoint
an administrator. The administrator basically takes control of the building
from the owner and uses the rents to remedy dangerous conditions in the building.
Buildings with 7A administrators are typically in very poor physical condition.
However, if the 7A administrator does his/her job, the building can be brought
back to good (if not excellent) condition.
The
Administrator may cease managing the building upon the occurrence of one
of two things: 1) The administrator is not doing his/her job correctly; or 2)
The administrator has successfully completed his/her job and the building no
longer needs his/her assistance. For more information, contact the City's Citizen
Service Center by dialing 311 and ask for the City's Department
of Housing Preservation and Development's 7A management program.
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I
want to buy a six-family house - how can I find out if it is stabilized
and obtain registration documents for the building?
To
find out for sure whether the building is stabilized, call the NY State Division
of Housing and Community Renewal (DHCR), the state agency which administers
the rent laws (718-739-6400).
The
DHCR keeps all records relating to rent registration. Before you buy a rent
stabilized building you should ask the seller to show you all the rent registration
materials from the last four years. Remember, if the building has not been
correctly registered or if the current owner is not abiding by the law, you
might get stuck with legal actions from tenants after you buy. Be careful.
If
filing has not been done you should be very leery about buying this building.
You should consult with an attorney or one of the owners' organizations before
buying the building:
- Rent Stabilization
Association (RSA);
- Community Housing
Improvement Program (CHIP); or
- Small Property
Owners of New York (SPONY).
See
their contact telephone numbers below.
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I
just bought a stabilized building - where can I find information on managing
and maintaining my property?
We
suggest you contact the Rent Stabilization Association at (212) 214-9200.
This association provides information and assistance to owners of rent stabilized
properties. There is a membership fee.
The
Community Housing Improvement Project (CHIP) can also help. Their number
is (212) 838-7442.
If
you own a small property, try Small Property Owners of New York (SPONY) at
(212) 410-4600.
You
may also wish to contact the NY State Division of Housing and Community Renewal's
(DHCR) Small Building Owners' Assistance Unit (SBOAU) at 718-739-6400. They
can provide assistance with understanding regulations, filing dates, forms,
etc.
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Who
is responsible for recycling - landlords or tenants?
Under
the recycling laws, landlords have four responsibilities. They must:
- Provide a
storage area for recyclables.
- Post and maintain
signs indicating which materials must be recycled. The signs should also
indicate that tenants MUST separate their recyclables into mixed paper/cardboard, plastic/glass/metal.
- Put recyclables
in special receptacles.
- Remove any
non-recyclable material from recycling cans.
Recycling rules are detailed on the NYC Dept. of Sanitation website. If
you are receiving fines because the tenants are not properly sorting their
trash, you should make sure that the tenants are aware of the provisions
of the law. Put up good signs and distribute brochures indicating exactly
which materials must be recycled and what containers the recyclables go in.
The Department of Sanitation (DOS) will supply you with signs.
If
tenants are informed and do not cooperate, you should contact the
Department of Sanitation for assistance.
If
you want to contest a fine, look at the back of the ticket (summons) issued
by the Environmental
Control Board for information.
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I
own a small property - where can I get advice and assistance?
The
Small Building Owners' Assistance Unit (SBOAU) was established in 1984 by
the New York State Division of Housing and Community Renewal (DHCR), to provide
special assistance to owners of rent regulated buildings with a total of
50 units or less. This Unit was especially designed to help small building
owners like you.
The
SBOAU has an office at 92-31 Union Hall Street, 4th Floor, Jamaica, Queens
718-739-6400, and offers its services at the Borough and County Rent Offices
throughout the State. At the main office in Queens, there are four counselors
who can sit down with you in person to answer your questions. SBOAU is primarily
a face-to-face service, not a telephone counseling service. They accept visitors
on a walk-in basis. See DHCR Fact Sheet #19 for
additional information.
If
you prefer to get answers over the phone, call DHCR. They can provide
the same information as SBOAU if you are unable to make a visit in person.
The SBOAU provides small building owners with advice on and assists them with:
- Preparation
of forms for allowable rent increases;
- Lease renewal
procedures;
- Applications
for major capital improvement rent increases (MCI);
- Applications
for hardship rent increases;
- Responses
to tenant objections to building registration information;
- Responses
to Fair Market Rent Appeals;
- Responses
to tenant complaints;
- Preparation
of Petitions for Administrative Review (PARs) of Rent Administrator's orders;
- Rent Registration
You
can also try the Small Property Owners of New York (SPONY) at (212) 410-4600.
SPONY is a private organization which advocates for small owners.
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How
does the number of units affect a building's regulation status?
Rent
controlled units can generally be found in buildings with three or more apartments.
In rare instances, a two family home may be rent controlled if it was occupied
by the same tenant since 1953.
Rent
stabilization generally applies only to buildings with six or more units.
Although smaller buildings may be subject to stabilization if stabilization
is imposed due to a tax abatement (See our FAQ section
on J-51 and 421-a Housing.) Also, the remaining tenants in a building
which is reduced from six to fewer than six units may continue to be rent
stabilized.
For
more information on the differences between rent stabilization and rent control
see DHCR Fact Sheet #1. Other DHCR
fact sheets explain in more detail the workings of rent
control and rent stabilization.
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Disclaimer: By providing answers to frequently asked questions, the staff of the Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord-tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
In addition: The NYS Homes and Community Renewal's Office of Rent Administration (DHCR) also offers useful information on their own FAQ page as well as on their Forms and Information by Topic page.
• NYC.gov has a Buildings and Property FAQ that may provide useful answers.
• The New York Times regularly answers questions from rent stabilized tenants about various housing issues in their Ask Real Estate column.
RGB Page Updated 9/27/2016
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