N.Y. Comp. Codes R. & Regs. tit. 9 § 2209.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 2209.10 - Administrative proceedings on application by interested party for decontrol on the basis of vacancy rate

(a)

(1) All requests for decontrol pursuant to section Y51-12.0 of the Rent Law must be made by application supported by adequate proof pursuant to the provisions of this and subsequent sections.

(2) The burden rests upon the applicant to clearly establish the existence of the five-percent vacancy rate in all or any alleged class of housing accommodations claimed to be eligible for decontrol. The vacancy rate shall mean the net rental vacancy rate. Notwithstanding the class of housing accommodations alleged by the applicant to be eligible for decontrol, the administrator shall make the final determination as to what constitutes a particular class of housing accommodations involved.

(b) No printed form of application is provided or prescribed. Each application must be clearly designated "Application to the Division of Housing and Community Renewal pursuant to section Y51-12.0 of the Rent Law," and shall set forth the following:

(1) the name and post-office address of the party filing the application;

(2) a simple and concise statement showing the nature of the interest of the applicant in the outcome of the proceeding;

(3)

(i) a complete statement of the data relied upon for the vacancy rate claimed for the class of housing accommodation for which the applicant claims eligibility for decontrol. Such statement shall include a description of the methods, procedures and qualifications of the personnel used to gather the data submitted in support of the application.

(ii) The survey shall be of the entire universe of housing accommodations within the class claimed to be eligible for decontrol, or shall be based upon a scientific sampling by accepted random sampling techniques to include a comprehensive cross-section of the universe to be surveyed. The sampling used in conducting the survey shall be based on standard social-research data-gathering methodology. Based upon sampling of the data introduced, the standard error for the vacancy rate shall be not more than one quarter of one percent (0.25%) at one standard error, assuming an estimated vacancy rate of five percent; and

(4) a specific statement of the relief requested.

The application shall be verified by the party filing the application.

(c) Service of the application upon the administrator shall be made by filing the original and one copy thereof with the Division of Housing and Community Renewal, Office of Rent Administration, 10 Columbus Circle, New York, NY 10019, or such other address as provided on the application.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2209.10