Section 26-518. Hotel industry stabilization association  


Latest version.
  • a.  The hotel
      industry stabilization association registered  with  the  department  of
      housing  preservation  and  development  is  hereby  divested of all its
      powers and authority under this law. The stabilization  code  heretofore
      promulgated  by  such  association,  as  approved  by  the department of
      housing preservation and development, is hereby continued to the  extent
      that it is not inconsistent with law. Such code may be amended from time
      to  time provided, however, that no such amendments shall be promulgated
      except by action of the commissioner of  the  division  of  housing  and
      community  renewal  and  provided further, that prior to the adoption of
      any such amendments, the commissioner  shall  (i)  submit  the  proposed
      amendments to the commissioner of the department of housing preservation
      and development and allow such commissioner thirty days to make comments
      or  recommendations on the proposed amendments, (ii) review the comments
      or recommendations,  if  any,  made  pursuant  to  clause  (i)  of  this
      subdivision  and make any revisions to the proposed amendments which the
      commissioner of the division of  housing  and  community  renewal  deems
      appropriate  provided  that  any  such  review  and  revision  shall  be
      completed  within  thirty  days  of  receipt   of   such   comments   or
      recommendations  and  (iii)  thereafter  hold  a  public  hearing on the
      proposed amendments. No provision of such code shall impair or  diminish
      any  right  or  remedy  granted  to  any  party by this law or any other
      provision of law.
        b. A code shall not be approved hereunder unless  it  appears  to  the
      commissioner  of  the  division of housing and community renewal that it
      provides for a cash refund or a credit  to  be  applied  against  future
      rent,  in  the  amount of the excess, if any, of rent paid since January
      first, nineteen hundred sixty-nine, over the permissible fair  increase,
      and  that it gives a hotel tenant the right to request a six month lease
      at the permissible rent rate within thirty days of the approval of  such
      code,  or, if his or her tenancy commences after such thirty day period,
      within thirty days of the commencement of his or her tenancy,  and  that
      is  in  compliance  with  the  standards  set  forth in subdivision c of
      section 26-511 to the extent such standards are applicable to the  hotel
      industry,  and  that it provides specifically that no owner shall refuse
      to extend or renew a tenancy for  the  purpose  of  preventing  a  hotel
      tenant from becoming a permanent tenant.
        c.  Each  landlord who is made subject to this law pursuant to section
      26-505 or 26-506 of this code shall furnish  to  each  permanent  tenant
      signing a new or renewal lease, a rider describing the rights and duties
      of  owners  and  tenants as provided under the rent stabilization law of
      nineteen hundred sixty-nine. Such rider shall be in a  form  promulgated
      by  the commissioner and shall conform to the intent of section 5-702 of
      the general obligations law and shall be in a print size larger than the
      print size of the lease to which the rider is attached.
        * NB Expires April 1, 2012