Section 26-517. Rent registration  


Latest version.
  • a. Each housing accommodation which is
      subject to this law shall be registered by the owner  thereof  with  the
      state  division  of  housing  and community renewal prior to July first,
      nineteen hundred eighty-four upon forms prescribed by the  commissioner.
      The  data  to be provided on such forms shall include the following: (1)
      the  name  and  address  of  the  building  or  group  of  buildings  or
      development in which such housing accommodation is located and the owner
      and  the tenant thereof; (2) the number of housing accommodations in the
      building or group of buildings or  development  in  which  such  housing
      accommodation  is  located;  (3) the number of housing accommodations in
      such building or group of buildings or development subject to this  code
      and  the  number  of  such  housing  accommodations subject to the local
      emergency housing  rent  control  act;  (4)  the  rent  charged  on  the
      registration   date;   (5)   the   number   of  rooms  in  such  housing
      accommodation; and (6) all  services  provided  on  the  date  that  the
      housing accommodation became subject to this chapter.
        a-1.  Within  thirty  days of changing his address, the managing agent
      or, if there is no managing agent, the owner, of a building or group  of
      buildings  or  development,  such  agent or owner shall advise the state
      division of housing and community renewal and all  tenants  of  his  new
      address.
        b.  Registration  pursuant to this section shall not be subject to the
      freedom  of  information  law  provided  that  registration  information
      relative to a tenant, owner, lessor or subtenant shall be made available
      to such party or his or her authorized representative.
        c.  Housing  accommodations which become subject to this chapter after
      the initial registration period must be registered  within  ninety  days
      thereafter.  Registration of housing accommodations subject to the local
      emergency housing rent control act immediately  prior  to  the  date  of
      initial  registration  as  provided  in  this  section shall include, in
      addition to the items listed above, where  existing,  the  maximum  base
      rent  immediately  prior  to  the  date that such housing accommodations
      become subject to this chapter.
        d. Copies of the registration shall be filed with the  state  division
      of  housing  and  community  renewal  in  such place or places as it may
      require.  In addition, one copy of  that  portion  of  the  registration
      statement  which  pertains  to  the  tenant's unit must be mailed by the
      owner to the tenant in possession at the time of initial registration or
      to the first tenant in occupancy if the apartment is vacant at the  time
      of initial registration.
        e.  The  failure  to  file  a proper and timely initial or annual rent
      registration statement shall, until such time as  such  registration  is
      filed,  bar  an owner from applying for or collecting any rent in excess
      of the legal regulated rent in effect on the date of the last  preceding
      registration  statement  or  if  no such statements have been filed, the
      legal  regulated  rent  in  effect  on  the  date   that   the   housing
      accommodation  became  subject  to the registration requirements of this
      section.  The  filing  of  a  late  registration  shall  result  in  the
      prospective elimination of such sanctions and provided that increases in
      the  legal  regulated  rent were lawful except for the failure to file a
      timely registration, the owner, upon the service and filing  of  a  late
      registration,  shall not be found to have collected an overcharge at any
      time prior to  the  filing  of  the  late  registration.  If  such  late
      registration  is  filed  subsequent  to  the  filing  of  an  overcharge
      complaint, the owner shall be assessed a late filing surcharge for  each
      late registration in an amount equal to fifty percent of the timely rent
      registration fee.
    
        f.  An annual statement shall be filed containing the current rent for
      each unit and such other information contained in subdivision a of  this
      section  as  shall  be required by the division. The owner shall provide
      each tenant then in occupancy with a copy of that portion of such annual
      statement as pertains to the tenant's unit.
        g.   Each  housing  accommodation  for  which  a  timely  registration
      statement was filed between April first,  nineteen  hundred  eighty-four
      and   June   thirtieth,   nineteen   hundred  eighty-four,  pursuant  to
      subdivision a of this section shall designate the rent charged on  April
      first,  nineteen  hundred  eighty-four,  as  the  rent  charged  on  the
      registration date.
        * NB Expires April 1, 2012