N.Y. Comp. Codes R. & Regs. tit. 9 § 2211.8

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

Section 2211.8 - Jurisdictional authority

(a) Effective June 14, 2019, high rent high income deregulation pursuant to the City Rent and Rehabilitation Law sections 26-403(e)(2)(j) and 26-403.1, otherwise repealed by Chapters 36 and 39 of the Laws of 2019, is no longer applicable. Any apartment that was lawfully deregulated pursuant to the City Rent and Rehabilitation Law sections 26-403(e)(2)(j) and 26-403.1 shall remain deregulated, notwithstanding that such sections were repealed pursuant to Chapters 36 and 39 of the Laws of 2019. For the purposes of this subdivision, lawful deregulation shall be defined as the issuance of an order by the DHCR pursuant to City Rent and Rehabilitation Law sections 26-403(e)(2)(j) and 26-403.1, which were repealed by Chapters 36 and 39 of the Laws of 2019 and the expiration of any time period contained in such order establishing the date of deregulation which expired prior to June 14, 2019.

(b) Effective June 14, 2019, no further high rent high income deregulation proceedings pursuant to this Title may be commenced, and all pending applications shall be dismissed as not subject to deregulation. For the purposes of this subdivision, an application shall not be considered pending if the subject housing accommodation was lawfully deregulated pursuant to such application prior to June 14, 2019, and such lawful deregulation is subject to review as of June 14, 2019 in a Court of competent jurisdiction, before the commissioner pursuant to a petition for administrative review, or before the rent administrator subsequent to a remand for further consideration by the either the commissioner or a court.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2211.8

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023