Annual Rent Registration - 2000 Instructions for Filing
Rent Stabilized Apartments in New York City
Housing Accommodations Outside New York City
Regulated by ETPA
All rent stabilized housing accommodations in the State of New York must be registered annually with the Division of Housing and Community Renewal (DHCR). This booklet provides owners with instructions for the preparation and submission of the 2000 Annual Registration forms.
Individual coop owners (proprietary lessees or holders of unsold shares) and condo unit owners should complete the Annual Apartment Registration form(s) for their apartment(s), or have their managing agents complete the forms on their behalf. It is recommended that the Cooperative Board or Condominium Association, or the managing agent acting on behalf of such entity, file with DHCR all of the Annual Apartment Registration forms along with the Annual Registration Summary for the building. If this is not possible, the individual owner, or his/her managing agent, should file the apartment form(s) and the Registration Summary with DHCR.
NOTE: Owners of buildings containing housing accommodations being registered for the first time must file an Initial Registration. Contact a DHCR office to obtain the appropriate forms.
The Deadline for the 2000 Annual Registration is July 31, 2000
It is important to remember that the information asked for on these forms is for rents, tenancy, and services in effect on April 1, 2000. Please type or print this information neatly, and check each form carefully after completion to make sure all required items have been entered.
If after reading the instructions you still have questions concerning registration, contact the DHCR Infoline telephone number. Also find special instructions on registering vacant and decontrolled apartments.
The Annual Registration is filed on two types of forms.
The Annual Apartment Registration Form RR-2A (2000) - One form must be filed for each stabilized housing accommodation in New York City and in the municipalities covered by the Emergency Tenant Protection Act.
Do not file the Annual Apartment Registration forms for rent controlled units or housing accommodations which became permanently exempt from rent stabilization prior to the 1999 registration. (See Policy Statement 89-7 for some of the grounds for permanent exemption of apartments from rent stabilization.)
The Annual Registration Summary Form RR-2S (2000) - One form is completed for each building in which there are rent stabilized housing accommodations.
Annual Apartment Registration
Form RR-2A (2000)
The Annual Apartment Registration form is a three-copy set. Copy 1 - DHCR is sent to DHCR. Copy 2 - OWNER is retained by the owner. Copy 3 - TENANT save for your records is sent to the tenant in occupancy on April 1, 2000.
The numbers 1-15 below refer to the items on the Apartment Registration form. As used here, the word "apartment" refers to the individual housing accommodation.
- Enter the building registration identification number in this box. The building registration identification number appears on the receipt you received for the 1999 registration submission. If you have questions on what building ID number to use, contact the Processing Services Unit.
- For each tenant who is named in the lease, enter the name in the following format:
- under the word "Last" enter the tenant's last name
- under the word "First" enter the tenant's first name
- under the "M.I." enter the tenant's middle initial, if one is used
Example 1: Davis Clarence R
Davis Mary Ann S
Example 2: Jones Ralph
- if apartment is vacant on April 1, 2000, place an "X" in the "VACANT" box.
- Enter the apartment's specific street address. Each apartment can reflect it's own individual address.
- Enter the apartment number, room number, or other designation for the apartment. Please note that apartment numbers should be unique within each building. Duplicate apartment numbers in the same building cannot be processed without errors.
- Enter the name of the city, town, or village where the building is located. Do not abbreviate.
- Enter zip code.
- In this section, information is to be entered for apartments that are either temporarily exempt from rent stabilization on April 1, 2000 or apartments that became permanently exempt after April 1, 1999. Enter information in item 7a for temporarily exempt units and in 7b for permanently exempt units.
7a. Complete this section to indicate that the apartment/unit is temporarily exempt. If the apartment is temporarily exempt from rent stabilization because of the nature of the occupancy or the status of the occupant, check the appropriate reason for the exemption. With the exception of an exemption due to transient occupancy in a hotel or SRO (see #8), you are not required to complete items 7b through 13 for temporarily exempt units. Complete item 14.
7b. Complete this section to indicate if the apartment/unit became permanently exempt from rent stabilization after April 1, 1999.
- Transient Occupancy in Hotel/SRO - units in hotels or single room occupancy accommodations housing transient occupants.
- Owner occupied - units occupied as of April 1, 2000 by the building owner or members of his immediate family in non-coop or non-condo buildings.
- Employee occupied - units occupied as of April 1, 2000 by a building employee who is not paying rent.
- Commercial/Professional - units rented solely for business or professional use on April 1, 2000 only if no certificate of occupancy has been issued for commercial or professional use.
- Non-primary resident occupied - units occupied by tenants who as of April 1, 2000 did not use the unit as a primary residence.
- Not for Profit - units owned by non-profit institutions which are occupied by tenants who are affiliated with that institution, in a building which also contains non-affiliated tenants. However, it should be noted that a building occupied totally by affiliated tenants is permanently exempt from rent stabilization (see item 6 of Policy Statement 89-7).
DHCR Policy Statement 89-7 cites some grounds for permanent exemption of apartments from rent stabilization.
- check the appropriate reason for the exemption
- indicate the date it became permanently exempt
Further, the Rent Regulation Reform Act of 1997 ("RRRA of 1997"), New York City Local Law 4 of 1994 and the Rent Regulation Reform Act of 1993 ("RRRA of 1993") provide additional categories of exemption applicable to this registration.
High Rent/High Income
High-rent apartments occupied by high-income tenants are deregulated by order of DHCR in response to the filing of an owner's petition for luxury deregulation. Generally, an owner would indicate this exemption on the 2000 annual registration after having received a final DHCR order granting such in response and responding to the owner's petition for luxury deregulation filed with DHCR on or before June 30, 1998.
Pursuant to the RRRA of 1993 and New York City Local Law 4 of 1994, for luxury deregulation petitions filed with DHCR on or before June 30, 1997 involving New York City apartments, deregulation occurs for apartments with legal rents of $2,000 or more per month and which are occupied by tenants with incomes in excess of $250,000 in each of the two successive years prior to the filing of the owner's petition. Pursuant to the RRRA of 1993, for deregulation petitions filed on or before June 30, 1997 involving apartments located outside New York City, deregulation occurs for ETPA apartments with legal rents of $2,000 or more on October 1, 1993 and which are occupied by tenants with incomes in excess of $250,000 in each of the two successive years prior to the filing of the owner's petition.
Pursuant to the RRRA of 1997, for deregulation petitions filed with DHCR after January 1, 1998, upon the issuance of a final DHCR Order, deregulation will occur statewide for NYC and ETPA apartments with legal rents of $2,000 or more per month and which are occupied by tenants with incomes in excess of $175,000 in each of the two successive years prior to the filing of the owner's petition.
If the apartment being registered qualifies for this exemption, the box entitled "High Rent/High Income (DHCR has issued a final order exempting apartment)" should be checked.
High Rent Vacancy
Statewide, pursuant to the Rent Regulation Reform Act of 1997, an apartment with a legal regulated of $2,000 or more per month on or after June 19, 1997, and which was or becomes vacant on or after June 19, 1997, is not subject to rent regulation. Previously, pursuant to the Rent Regulation Reform Act of 1993, apartments were exempt from rent regulation, statewide, if they had legal rents of $2,000 or more per month at any time between July 7, 1993 and October 1, 1993 and were or became vacant on or after July 7, 1993. In New York City, Local Law 4 of 1994 further provided for deregulation of apartments with legal rents of $2,000 or more per month at any time which were or became vacant on or after April 1, 1994.
If the apartment being registered qualifies for this exemption, the box entitled "High Rent Vacancy" should be checked.
Coop/Condo Occupied by Owner or Non-Protected Tenant
The RRRA of 1993 added a category of apartments which are exempt from ETPA. The exemption applies to cooperative or condominium apartments in Nassau, Westchester and Rockland counties which were or became vacant on or after July 7, 1993 and which were not previously exempted by local resolution. If the apartment being registered qualifies for this exemption, the box entitled "Coop/Condo Occupied by Owner or by Non-Protected Tenant" should be checked.
You are not required to complete items 8 through 13 for permanently exempt units. Complete item 14.
- Enter the Legal Regulated Rent being charged on April 1, 2000 per lease or rental agreement. Indicate whether this amount is payable monthly or weekly by checking the appropriate box. This might not be the Actual Rent Paid (Item 9a). Do not include in the Legal Regulated Rent any separate charges, either temporary or continuous. For example do not include charges for: garage and recreational facilities; air conditioners, arrears for DHCR approved increases; window guards, etc. Such separate charges should be indicated in Item 9a.
For Multi-Tier Rents: Owners who have been authorized by DHCR to register multi-tiers of Legal Regulated Rents are required to place an "X" in the box marked "Other" in item 9b, and enter "MT," followed by the Multi-Tier Docket Number (i.e. MT123456789G), in the space provided. Owners are also required to enter in item 8 the highest legal regulated rent authorized by the governmental agency or public benefit corporation for the housing accommodation as of April 1, 2000, indicating whether such rent is payable monthly or weekly. In addition, owners must also enter the lowest authorized legal regulated rent in item 9a and indicating whether such rent is payable monthly or weekly. (Participating Multi- Tier Programs may include, but are not limited to, the Special Initiatives Program, Neighborhood Entrepreneurs Program, Housing Trust Fund, Single Room Occupancy Program, Vacant Building Program (some units), SIP Occupied Sales Program, Neighborhood Redevelopment Program and the LISC/Enterprise Program).
For Temporarily Exempt Hotel/SRO Accommodations: State the last legal registered rent in item 8. You are not required to complete items 9 through 13. Complete item 14.
- a. Enter the Actual Rent Paid on April 1, 2000 if different from the Legal Regulated Rent (Item 8 above). Indicate whether this amount is payable monthly or weekly by checking the appropriate box.
For Multi-tier Rents: Enter the lowest authorized legal regulated rent on April 1, 2000.
b. If you entered an amount in Item 9a, check the applicable box(es) to indicate the reason(s). If Other (Specify) is checked, specify the reason(s).
For Multi-Tier Rents: Check the box marked Other (Specify) and in the space provided enter: "MT" followed by the Multi-Tier Docket Number (i.e. MT 123456789G).
- Enter the term of the lease in effect on April 1, 2000 for the tenant(s) named in Item 2. Please note the lease begin date must be prior to April 1, 2000. Indicate if there is no lease by checking the "NONE" box.
Provide information for boxes 11 through 13 only for Rent Adjustments effective between April 2, 1999 and April 1, 2000
- If the rent shown in Item 8 has changed from the rent charged on April 1, 1999 due to a Lease Renewal, Vacancy Lease, and/or 421-A increase, check all boxes that apply.
- If the rent amount shown in Item 8 has changed from the rent charged on April 1, 1999 due to a DHCR rent adjustment order, place an "X" in Item 12 (check one or more as applicable).
- If the rent amount shown in Item 8 has changed from the rent charged on April 1, 1999 as a result of a rent adjustment which occurred without a DHCR order, specify the reason(s) for each adjustment in rent. Give the month and year that the adjustment(s) was effective and show the monthly amount of the increase or decrease.
RENT ADJUSTMENTS shown in Item 13 are calculated by dividing the total cost of new equipment, furnishings, services, or improvements within the apartment by 40. This is the amortization rate. The result is the maximum amount that the monthly rent can be increased for the individual apartment improvement.
- If the apartment is in a cooperative or in a condominium building, enter the name and address of the coop owner (proprietary lessee or holder of unsold shares) or condo owner, check the appropriate box and complete and sign the affirmation on the back of the DHCR copy. If not a cooperative or condominium building, enter the name and address of either the building owner or managing agent and check the appropriate box.
If the Cooperative Board or Condominium Association is filing the Annual Apartment Registration form, it is recommended that the individual coop owner (proprietary lessee or holder of unsold shares) or condo owner or the managing agent acting on behalf of such owner complete and sign the Coop or Condo Owner Affirmation on the back of the white DHCR copy of the Annual Apartment Registration Form (RR-2A).
Annual Registration Summary
Form RR-2S (2000)
One Registration Summary must be submitted for each building for which one or more apartment registration forms are being filed. The Annual Registration Summary is a two-copy set. Copy 1 - DHCR must be signed and notarized before being sent to DHCR. Copy 2 - OWNER is retained by the owner.
The numbers below refer to items on the Summary form.
- Copy the information as it appears in Item #1 on Form RR-2A (2000).
- Copy the information as it appears in Item #3 on Form RR-2A (2000).
- Copy the information as it appears in Item #5 on Form RR-2A (2000).
- Copy the information as it appears in Item #6 on Form RR-2A (2000).
- Enter the applicable 2-digit county code for building address.
5a) If you entered the county code for Nassau, Rockland, or Westchester, enter the municipality code of the appropriate locality in this item. See the Table of Municipality Codes.
61 Kings (Brooklyn)
62 New York (Manhattan)
64 Richmond (Staten Island)
- For a coop, enter the cooperative corporation name. For a condominium, enter the name of the homeowner's association. For all others, enter the full name of the building owner in the following format:
- under the word "Last" enter the tenant's last name
- under the word "First" enter the tenant's first name
- under the "M.I." enter the tenant's middle initial, if one is used
Example 1: Davis Clarence R
Davis Mary Ann S
Example 2: Jones Ralph
- Enter the owner's mailing address.
- Enter the owner's city, town or village.
- Enter the owner's State (see Table of State Abbreviations).
- Enter the owner's zip code.
- Enter the owner's telephone number and area code.
- Enter the managing agent's name, and if under 7A Administration, write "7A" next to the name.
13-17. Items 13 through 17 apply to the managing agent's mailing address and telephone number the same way that Items 7 through 11 apply to the owner.
- Building Status: Place an "X" in the box that applies to indicate building class.
Building Description: Place an "X" in as many boxes as apply to indicate building description.
- "Class A" multiple dwelling refers to multiple dwellings which are occupied, as a rule, for permanent residence purposes. This class includes apartment hotels, and all other multiple dwellings except "Class B" multiple dwellings.
- "Class B" multiple dwelling refers to multiple dwellings which are occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, SRO's and rooming houses.
- A "Hotel" is an inn having thirty or more sleeping rooms.
- "Single Room Occupancy" is the occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same apartment. When a Class A multiple dwelling is used wholly or in part for single room occupancy, it remains a Class A multiple dwelling.
- "Garden Apartment Complex" consists of certain attached, detached, or semi-detached dwelling units, containing six or more housing accommodations having common facilities such as a sewer line, water main, or heating plant and operated as a unit under common ownership.
Financing Programs: Place an "X" in the box(es) of the applicable financing programs related to the building.
- "Non-Evict Coop/Condo" is a building that has become a cooperative or a condominium without the right to evict any non-purchasing tenants.
- "Evict Coop/Condo" is a building that has become a cooperative or a condominium with the right to evict non-purchasing tenants other than eligible senior citizens or eligible disabled tenants within a specified period of time. If a coop/condo conversion plan has been declared effective, or has been accepted for filing by the Attorney General's Office, place an "X" in the box. Give the date that the plan was declared effective, or if not yet effective, give the date that the plan was accepted for filing.
- Enter the number of units in each category as of April 1, 2000. Enter the total number of units physically present in the building for TOTAL NUMBER OF APTS. IN BUILDING.
- Stabilized/ETPA - a unit that is regulated under the Rent Stabilization Law or the Emergency Tenant Protection Act. (Includes apartments which were vacant on April 1, 2000 and temporarily exempt apartments.)
- Rent Control - a unit subject to Rent Control on April 1, 2000.
- Permanently Exempt - a unit in which the rent is permanently exempt from regulation. Some types of permanent exemptions are provided on the Annual Apartment Registration form in Item 7b. See also DHCR Policy Statement 89-7.
- Enter the number of apartment registration forms [Form RR-2A (2000)] being included with the Registration Summary Form.
- This item must be completed by either the individual owner, the building's managing agent, or an officer or partner of the corporation or partnership that owns the building. If the building is owned by a cooperative corporation or a condominium association, the signature must be that of the corporation or association president or the managing agent acting on behalf of that entity. The corporation or association name must be printed on the line provided. The signature in this section should be made before a notary public.
Payment Of Administrative Fees
For NYC Rent Stabilized Apartments
Section 26-517.1 of the Rent Stabilization Law provides for the imposition of a fee on owners of housing accommodations "subject" to the RSL to defray the cost of administering the law. Failure to pay the administrative fee shall constitute a charge due and owing New York City, and may result in a lien being placed on the property.
For ETPA Apartments
Section 8 of the Emergency Tenant Protection Act provides for a city, town or village, which has determined that rents are to be regulated under this law, to assist DHCR by defraying the cost of administering the law.
The legislative body of any city, town or village acting to impose regulation of residential rents pursuant to the provisions of the ETPA may impose on the owner of every building containing housing accommodations subject to such regulation an annual charge for each accommodation.
If billed by your locality, the failure to pay the prescribed assessment shall constitute a charge due and owing the locality, and may result in a lien being placed on the property.
For Both New York City Rent Stabilized and ETPA Apartments
Owners of apartments subject to the Rent Stabilization Law or the Emergency Tenant Protection Act are billed an annual administrative fee per apartment. The administrative fee is assessed against all regulated apartments including apartments which are temporarily exempt. An example of such apartment is one which is occupied by the building's owner or by the building's superintendent. The owner will be billed the administrative fee for such housing accommodations. The owner is also required to file the annual apartment registration form for the temporarily exempt apartment.
In both New York City and ETPA counties, housing accommodations which are permanently exempt from rent regulation will not be charged the fee. An example of a permanently exempt apartment is one which is occupied as a doctor's office in accordance with the building's Certificate of Occupancy. DHCR's Policy Statement 89-7 contains a detailed list of some apartments which are permanently exempt and for which the owner is not obligated to pay the fee. The instructions for Item 7b contain a description of additional categories of permanently exempt apartments. The owner of a permanently exempt apartment is required to file an annual apartment registration only for the year in which the apartment became permanently exempt.
If you have a question as to whether an apartment is temporarily or permanently exempt, review Policy Statement 89-7.
The administrative fees discussed in this section are in addition to late-filing surcharges, which are discussed below under "Penalties for Failure to Comply with Rent Registration Requirements," on page 13.
Be sure to sign the Summary Registration form before a Notary Public
Completed Apartment RR-2A(00) and Summary RR-2S(00) registration forms are accepted starting April 1, 2000 and must be postmarked to DHCR no later than July 31, 2000.
Please follow the steps below:
Annual Apartment Registration Form RR-2A(00)
Provide Copy 3 - TENANT save for your records of the Annual Apartment Registration form RR-2A(00) to the tenant who was in occupancy on April 1, 2000. This copy must be hand delivered or mailed to the tenant before the registrations are filed with DHCR. If the tenant in occupancy on April 1, 2000 is not in occupancy at the time of registration, the owner should attempt to forward it to the tenant. If this attempt is unsuccessful, keep the copy together with the postal notice of non-delivery for your records. For both permanently and temporarily exempt apartments, the tenant's copy does not have to be served on the tenant.
Annual Registration Summary Form RR-2S(00)
Place Copy 1 - DHCR of the Annual Registration Summary form RR-2S(00) on top of the corresponding Copy 1 - DHCR of the Annual Apartment Registration forms RR-2A(00) in an envelope large enough to hold them flat and send them to:
DHCR Processing Services Unit
Hampton Plaza - 5th Floor
38-40 State Street
Albany, NY 12207
DHCR will return a receipt to the registered owner showing the date received and the apartments registered. Retain the receipt for your records; it will serve as proof of registration.
Registering Vacant and Decontrolled Apartments
For apartments that were vacant on April 1, 2000:
- in Item 2, place an "X" in the "VACANT" box
- in Item 8 give the last rent charged before vacancy
- leave Item 9 blank
For apartments that became Decontrolled between April 1, 1999 and April 1, 2000 (formerly rent controlled apartments now subject to rent stabilization), the owner must file an Initial Apartment Registration within 90 days of the date the first Rent Stabilized tenant took occupancy, as well as a 2000 Annual Apartment Registration. Forms for Initial Registration may be obtained by contacting one of the DHCR offices listed on Page 16.
Change Of Ownership
If there is a change of ownership after the annual registration forms have been submitted, the successor owner is required to notify DHCR within thirty days by filing Form RA-44 with the DHCR.
Penalties For Failure To Comply With Rent Registration Requirements
The Rent Stabilization Code and the Emergency Tenant Protection Regulations provide for a retroactive "rent freeze" for failure to comply with the initial or annual rent registration requirements. The late filing of a registration will result in the prospective elimination of this penalty.
The Rent Regulation Reform Act of 1993 provides that for proceedings docketed by DHCR on or after July 1, 1991, where all rent increases were lawful but for the owner's failure to register, and where the owner files and serves upon the tenant a late registration, DHCR shall not thereafter find that the owner has collected an overcharge at any time prior to the filing of the late registration. If, however, that late registration is filed subsequent to the filing of a rent overcharge complaint, DHCR shall assess the owner a late-filing surcharge for each apartment affected in the amount of fifty percent of the current rent registration fee for timely-filed registrations. The surcharge, based upon the current administrative fee in both New York City and ETPA counties is $5.00.
DHCR may impose a penalty of up to $250 upon owners for each knowing violation of the Rent Stabilization Law, the Emergency Tenant Protection Act, or the Rent Stabilization Code. Owners include, but are not limited to, rental building owners, cooperative corporations, condominium associations, individual cooperative owners (proprietary lessee or holder of unsold shares) and condominium apartment owners who have rent regulated tenants and managing agents.
Pursuant to the Rent Regulation Reform Act of 1997, rent registration issues involving events occurring more than four years prior to the filing of a tenant's rent overcharge complaint may no longer be investigated by DHCR.
Owners of rent stabilized apartments in Nassau, Westchester and Rockland Counties must comply with these registration requirements in addition to filing the required financial and operating expense statements with the county Rent Guidelines Boards.
|TABLE OF STATE ABBREVIATIONS
|ARIZONA||AZ|| ||NEW HAMPSHIRE||NH|
|ARKANSAS||AR|| ||NEW JERSEY||NJ|
|CALIFORNIA||CA|| ||NEW MEXICO||NM|
|COLORADO||CO|| ||NEW YORK||NY|
|CONNECTICUT||CT|| ||NORTH CAROLINA||NC|
|DELAWARE||DE|| ||NORTH DAKOTA||ND|
|DISTRICT OF COLUMBIA||DC|| ||OHIO||OH|
|IDAHO||ID|| ||PUERTO RICO||PR|
|ILLINOIS||IL|| ||RHODE ISLAND||RI|
|INDIANA||IN|| ||SOUTH CAROLINA||SC|
|IOWA||IA|| ||SOUTH DAKOTA||SD|
|MASSACHUSETTS||MA|| ||VIRGIN ISLANDS||VI|
|MINNESOTA||MN|| ||WEST VIRGINIA||WV|
|MONTANA||MT|| || || |
|TABLE OF MUNICIPALITY CODES
|North Hempstead||11|| ||New Rochelle||21|
|Floral Park||12|| ||Yonkers||22|
|Long Beach||13|| ||Mamorneck (Village)||23|
|Great Neck Plaza||15|| ||Harrison||25|
|Great Neck||16|| ||Mt. Vernon||26|
|Rockville Center||18|| ||White Plains||28|
|Freeport||51|| ||Mamaroneck (Town)||30|
|Baxter Estates||53|| ||Hasting-On-Hudson||62|
|Flower Hill||54|| ||Mt. Kisco||63|
|Russell Gardens||55|| ||Pleasantville||64|
|Glen Cove||57|| ||Dobbs Ferry||66|
|Great Neck Estates||59|| ||Irvington-On-Hudson||67|
|Bronxville||61|| ||North Tarrytown||68|
|Port Chester||65|| || || |
|Roslyn||91|| || || |
|Hempstead||92|| || || |
|ROCKLAND COUNTY||Code|| |
|Spring Valley||31|| || || |
|Haverstraw||32|| || || |
DHCR Contact Information
Policy Statement 89-7
(June 21, 1989)
Collection of Administrative Fees: Housing Accommodations
Permanently Not Subject to the RSL or ETPA and Application Form
Last updated on 08/21/01