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 2004 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 listed to obtain the appropriate forms.
The Deadline for the 2004 Annual Registration is July 31, 2004
It is important to remember that the information asked for on these forms is for rents, tenancy, and services in effect on April 1, 2004. 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 which appears on Page 12 or visit the DHCR website at www.nysdhcr.gov. You will also find, on Page 10, special instructions on registering vacant and decontrolled apartments.
The Annual Registration is filed on two types of forms.
The Annual Registration Summary Form RR-2S (2004) - One form is completed for each building in which there are rent stabilized housing accommodations.
The Annual Apartment Registration Form RR-2A (2004) - 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 2003 registration. (See Policy Statement 89-7 at the end of these instructions for some of the grounds for permanent exemption of apartments from rent stabilization.)
Form RR-2S (2004)
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. One copy must be signed and notarized before being sent to DHCR. One copy is retained by the owner.
The numbers below refer to items on the Summary form.
61 Kings (Brooklyn)
62 New York (Manhattan)
64 Richmond (Staten Island)
5a) If you entered the county code for Nassau, Rockland, or Westchester, enter the municipality code of the appropriate locality in this item. See page 11 for a Table of Municipality Codes.
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 Description: Place an "X" in as many boxes as apply to indicate building description.
Coop/Condo: enter one date.
Financing Programs: Place an "X" in the box(es) of the applicable financing programs related to the building.
Form RR-2A (2004)
The Annual Apartment Registration form is a three-copy set. One copy is sent to DHCR; one copy is retained by the owner; and one copy is sent to the tenant in occupancy on April 1, 2004.
The numbers 1-14 below refer to the items on the Apartment Registration form. As used here, the word "apartment" refers to the individual housing accommodation.
DHCR Policy Statement 89-7 attached to the end of this Instruction Booklet cites some grounds for permanent exemption of apartments from rent stabilization. The rent regulations provide additional categories of exemption applicable to this registration.
You are not required to complete items 8 through 13 for permanently exempt units. Proceed to item 14.
High Rent Vacancy
Statewide, pursuant to the Rent Regulations, an apartment with a legal regulated rent 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, 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 addition, in New York City, 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 were exempt from rent stabilization.
If the apartment being registered qualifies for this exemption, the box entitled "High Rent Vacancy" should be checked and the last legal regulated rent must be entered.
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 2004 annual registration after having received a final DHCR order granting such in response to the owner's petition for luxury deregulation filed with DHCR.
Pursuant to the Rent Regulations 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, 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; and for luxury 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 Rent Regulations for luxury 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.
Commercial/Professional (with c/o)
Apartments rented for commercial or professional usage with a certificate of occupancy.
Coop/Condo Occupied by Owner or Non-Protected Tenant
In addition to New York City cooperative or condominium apartments occupied by an owner or nonprotected tenant, 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.
Substantial Building Rehabilitation
An apartment that has been substantially rehabilitated since the last annual rent registration.
Qualifying Expiration of
The financing program has expired for one or all of the following: Section 11-243 or 11-244(J-51); Section 608; or Section 421-A.
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, 2004, 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 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 accommodation. 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, the fee will not be charged for housing accommodations which are permanently exempt from rent regulation. 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 attached to the end of this Instruction Booklet 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 attached to the end of these instructions.
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."
Be sure to sign the Summary Registration form before a Notary Public
Completed Apartment RR-2A (2004) and Summary RR-2S (2004) registration forms are accepted starting April 1, 2004 but must be postmarked to the DHCR Processing Services Unit in Albany no later than July 31, 2004.
Please follow the steps below:
Place the registration forms in an envelope large enough to hold them flat and mail them to:
DHCR Processing Services Unit
38-40 State Street
Albany, New York 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, 2004:
For apartments that became Decontrolled between April 1, 2003 and April 1, 2004 (formerly rent controlled apartments now subject to rent stabilization), the owner must file an Initial Apartment Registration decontrolling the apartment within 90 days of the date the first Rent Stabilized tenant took occupancy and thereafter, annual rent registrations must be submitted. Registration forms may be obtained by contacting one of the DHCR offices listed or downloaded from the DHCR website.
If there is a change of ownership or managing agent 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.
The Rent 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 Regulations provide 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 Regulations. 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 unit owners who have rent regulated tenants, and the owner's managing agents.
Pursuant to the Rent Regulations, rent registration issues involving rental 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|
|DISTRICT OF COLUMBIA||DC||OHIO||OH|
|TABLE OF MUNICIPALITY CODES
|NASSAU COUNTY||Code||WESTCHESTER COUNTY||Code|
|North Hempstead||11||New Rochelle||21|
|Long Beach||13||Mamorneck (Village)||23|
|Great Neck Plaza||15||Harrison||25|
|Great Neck||16||Mt. Vernon||26|
|Rockville Center||18||White Plains||28|
|Flower Hill||54||Mt. Kisco||63|
|Glen Cove||57||Dobbs Ferry||66|
|Great Neck Estates||59||Irvington-On-Hudson||67|
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 09/15/04