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This entry was published on 2014-09-22
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SECTION 608
Rent regulation of rehabilitated multiple dwellings aided by certain federal housing assistance programs
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 13
§ 608. Rent regulation of rehabilitated multiple dwellings aided by
certain federal housing assistance programs. 1. In cities with a
population of one million or more, upon completion of rehabilitation of
a class A multiple dwelling which is aided by a mortgage loan entered
into in conjunction with a housing assistance payments contract in
connection with moderate rehabilitation pursuant to section eight of the
United States housing act of 1937, as amended, the agency shall
establish the initial rent for each rental dwelling unit within the
rehabilitated or converted multiple dwelling notwithstanding the
provisions of, or any regulation promulgated pursuant to, the emergency
housing rent control law, the local emergency housing rent control act,
the emergency tenant protection act of nineteen seventy-four, the local
rent stabilization law or any local law enacted pursuant thereto. After
the agency has set the initial rents, all rental dwelling units within
such rehabilitated or converted multiple dwellings shall become subject
to the rent stabilization law of nineteen hundred sixty-nine.

2. The occupant in possession of such a dwelling unit when the
multiple dwelling is made subject to the rent stabilization law of
nineteen hundred sixty-nine shall be offered a choice of a one or two
year lease at the initial rents established by the agency
notwithstanding any contrary provisions of, or regulations adopted
pursuant to, the rent stabilization law of nineteen hundred sixty-nine,
and the emergency tenant protection act of nineteen seventy-four.

3. Prior to establishing initial rents the agency shall cause all
tenants in occupancy of such mulitple dwelling to be notified of, and
have an opportunity to comment on, the contemplated rehabilitation. Such
notification shall advise such tenants of the approximate expected rent
increase and the subsequent availability of a one or two year lease.
Such notification and opportunity to comment shall be provided before
the rehabilitation and again after the construction is complete and
before the establishment of the initial rents.

4. For the purposes of this section, "multiple dwelling" shall include
any class A multiple dwelling having three or more units, and shall
include multiple family garden-type maisonette dwelling complexes under
single ownership having common facilities such as a sewer line, water
main and heating plant notwithstanding the fact that certificates of
occupancy were issued for portions thereof as one or two family
dwellings.

5. For the purposes of this section, the meaning of the terms
"agency", "conversion", "non-residential property" and "rehabilitation"
shall be the meaning provided pursuant to section eight hundred one of
this chapter.

6. The agency may promulgate supplementary rules and regulations to
carry out the provisions of this section, not inconsistent with the
provisions of this section.