HCR-44-11-00017-P The Regulations Govern Implementation of the Rent Control Laws

11/2/11 N.Y. St. Reg. HCR-44-11-00017-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 44

November 02, 2011

RULE MAKING ACTIVITIES

DIVISION OF HOUSING AND COMMUNITY RENEWAL

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. HCR-44-11-00017-P

The Regulations Govern Implementation of the Rent Control Laws

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend sections 2100.9(h)(1), 2104.5(a)(1), 2104.6(d)(3), 2200.2(f)(5)(i), 2204.5(a) and 2204.6(d)(3)(i) of Title 9 NYCRR.

Statutory authority:

L. 1983, ch. 403, section 28; NYC Admin. Code section 26-405g(1); L. 1946, ch. 274, subdivision 4(a), as amd. by L. 1950, ch. 250, as amd. by L. 1964, ch. 244; and Public Housing Law, section 14(4)

Subject:

The regulations govern implementation of the Rent Control Laws.

Purpose:

To comply with the Marriage Equality Act.

Text of proposed rule:

9 NYCRR § 2100.9(h) Nonhousekeeping, furnished housing accommodations, located within a single dwelling unit not used as a rooming or boarding house, but only if:

(1) no more than two tenants for whom rent is paid (spouses [husband and wife] being considered one tenant for this purpose), not members of the landlord's immediate family, live in such dwelling unit, and

[the rest of the subsection remains the same.]

9 NYCRR § 2104.5(a)(1) A certificate shall be issued where the landlord seeks in good faith to recover possession of housing accommodations because of immediate and compelling necessity for his own personal use and occupancy or for the use and occupancy of his immediate family. As used in this subdivision, the term "immediate family" includes only a spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the landlord. [the rest of the subsection remains the same]

9 NYCRR § 2104.6(d)(3) For the purposes of this subdivision: (i) "family member" is defined as a spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant. [the rest of the subsection remains the same]

9 NYCRR § 2200.2(f)(5) Nonhousekeeping, furnished housing accommodations, located within a single dwelling unit not used as a rooming or boarding house, but only if:

(i) no more than two tenants for whom rent is paid (spouses [husband and wife] being considered one tenant for this purpose), not members of the landlord's immediate family, live in such dwelling unit; and

[the rest of the subsection remains the same]

9 NYCRR § 2204.5 Occupancy by landlord or immediate family (a) A certificate shall be issued where the landlord seeks in good faith to recover possession of a housing accommodation because of immediate and compelling necessity for his own personal use and occupancy, or for the use and occupancy of his immediate family; provided, however, that this section shall not apply where a member of the household lawfully occupying the housing accommodation is 62 years of age or older, has been a tenant in a housing accommodation in that building for 20 years or more, or has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which prevent the tenant from engaging in any substantial gainful employment. As used in this subdivision, the term "immediate family" includes only a spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law, of the landlord.

9 NYCRR § 2204.6(d)(3) For the purposes of this subdivision:

(i) "family member" is defined as a spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant. [the rest of the subsection remains the same]

Text of proposed rule and any required statements and analyses may be obtained from:

Gary R. Connor, General Counsel, Division of Housing and Community Renewal, 25 Beaver Street, 7th Floor, New York, New York 10004, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Division of Housing and Community Renewal has determined that no person is likely to object to the adoption of these amended rules as written because they implement or conform to a non-discretionary statutory provision and make technical changes related thereto. To fully comply with the recently-enacted Marriage Equality Act, the amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse” in the following sections of Title 9 of Code, Rules and Regulations of the State of New York: 9 NYCRR § 2100.9(h)(1); 9 NYCRR § 2104.5(a)(1); 9 NYCRR § 2104.6(d)(3)(i); 9 NYCRR § 2200.2(f)(5)(i); 9 NYCRR § 2204.5(a); 9 NYCRR § 2204.6(d)(3)(i).

Job Impact Statement

The amended regulations are promulgated to fully comply with the recently-enacted Marriage Equality Act. The amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse.” It is apparent from the text of the rules that the amendments will have no adverse impact on jobs or employment opportunities.