NYS DHCR Housing Policy Statement 89-10
John Fisher
In November Vote your housing as you would your pocketbook.
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TENANT-NET, an internet on-line project of TENANTS ELECTION
WATCH
and TENANT UNITY COALITION representing over two million rent
regulated tenants in New York State. For information please
reply
to jbfi...@pipeline.com. See below for further information.
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New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza
92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
Policy Statement 89-10
Filing Requirements Upon Vacancy of Rent Controlled Apartment
This Policy Statement delineates the procedure which owners are
to follow when the legal status of a rent controlled apartment
changes because of a voluntary vacating by the tenant.
Section 2203.2(a) of the New York City Rent and Eviction
Regulations states that the owner of a housing accommodation
specified in Section 2200.2(f)(11)(12) and (17) of this Title
shall file a report of such decontrol, upon forms prescribed by
the administrator, within 30 days following the date of vacancy
on or after June 30, 1971, or the date of first rental of such
accommodations after decontrol (whichever date shall be
prescribed in such form) or June 1, 1962, whichever date is
later, unless a decontrol report was heretofore filed as by the
State Rent Commission.
Pursuant to Section 2203.2(a) of the Rent and Eviction
Regulations, owners are required to file form RA42V-NYC (3/85)
(Owner Report of Vacancy) upon the vacancy of a rent controlled
tenant. In a building which also has units subject to rent
stabilization, under the requirements of the Rent Stabilization
Law, owners must also file the following forms in accordance
with
the instructions contained therein:
A) RR-l 6/87 (Initial Apartment Registration)
B) RR-2 6/87 (Initial Apartment Registration Summary)
within ninety days of the initial occupancy by a new tenant.
When the legal status of a rent controlled apartment in a
building which is not subject to the Rent Stabilization Law
changes, the RA42V is the only form required to be filed. The
Rent and Eviction Regulations do not contain any penalty for a
failure to file the RA42V form and the failure to file the form
does not affect the legal status of the apartment.
September 20,1989
Elliot G. Sander
Deputy Commissioner
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DHCR Policy Statements are verbatim copies of **promulgated**
Policy Statements issued by the New York State Division of
Housing and Community Renewal (DHCR). Every attempt has been
made
to conform to original New York State DHCR issued Policy
Statements, but the above-listed organizations make no
representation the enclosed material is current or will be
applied as written. For further information also see DHCR
Advisory Opinions, DHCR Operational Bulletins, the Rent
Stabilization Code, the Rent Stabilization Law and various Rent
Control Statutes. The reader is advised that DHCR often fails
to
properly apply, interpret or enforce housing laws. Since
housing
laws are complex and often contradictory, it is recommended the
reader obtain advice from a tenant association, tenants' rights
organization and/or legal advice from a tenant attorney who has
actual practice before DHCR and/or housing court. (rev.
8/17/94)
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