Fees for Sub-Metering or other utility services. Fees - Homes and Community Renewal 70 RECEIVED NYSCEF: 10/17/2017 Itkowitz PLLC Teaching and Publishing: Evaluating Whether ... The plaintiffs contend that in opposition to the defendant's cross motion, they raised a triable issue of fact as to whether the defendant failed to replace 75% of the systems listed in Operational Bulletin 95-2 in accordance with section 2520.11 (e) (1) of the Rent Stabilization Code promulgated by the DHCR (see 9 NYCRR 2520.11 [e] [1]; Matter . The best place to start a review of the law in this area is to study the exact text of the DHCR Operational Bulletin 95-2 [in magenta below], which sets forth the position of the DHCR regarding the circumstances under which the agency will find that a building has been substantially rehabilitated. PDF BUILDINGS BULLETIN 2016-010 - Operational HCR (DHCR) FOIL Procedures Updated | Himmelstein ... Substantial Rehabilitation The Rent Stabilization Code's (RSC or 9 NYCRR Part 2520 et seq ) fairly sparse description of "substantial rehabilitation," (RSC §2520.11(e)), is considerably fleshed out in Operational Bulletin 95-2 (), which the courts and DHCR treat as if it had the . Operational Bulletin No. Deregulation Under The New Rent Laws | Article | Chambers ... Operational Bulletin 2016-2 New York State Division of ... Rent Laws Updates | Homes and Community Renewal Operational Guidelines 155681/2017 NYSCEF DOC. Kostro v. N.Y. State Div. of Hous. & Cmty. Renewal, 2019 N ... The DHCR says the surcharges set in the Operational Bulletin are in effect immediately and that it will apply them in all currently pending cases in which the owner is seeking a surcharge for one of these tenant-installed appliances. 93-1) Procedures for Requests for Records Access, Freedom of Information Law (FOIL) Requests and Subpoenas FILED: NEW YORK COUNTY CLERK 10/17/2017 04:33 PM INDEX NO. This Operational Bulletin contains information on the permissible charges that are currently in effect for the period of October 1, 2019 to September 30, 2020, for the use and/or installation of an air conditioner in rent stabilized and rent control apartments. Download about Operational Bulletin #2018-1: . 1 TO OPERATIONAL BULLETIN 84-4: . Matter of 128 Hester LLC v New York State Div. of Hous ... DHCR Operational Bulletin 2009-1 is not a "rule" for purposes of the State Administrative Procedure Act (see id. Owners need to be aware of Operational Bulletin 2016-1, which replaced Policy Statement 90-10, and the changes under the new Bulletin: 1) DHCR will now consider the "useful life" of IAIs. DHCR Operational Bulletin 2009-1 is not a "rule" for purposes of the State Administrative Procedure Act (see id. Therefore, an owner should The previous form (FOIL-1) will no longer be in use. Small building owners are encouraged to contact the DHCR's SBO Unit for technical assistance prior to filing the application. New Rules of Substantial Rehabilitation to Remove Units ... This Operational Bulletin contains information on the permissible charges that are currently in effect for the period of October 1, 2019 to September 30, 2020, for the use and/or installation of an air conditioner in rent stabilized and rent control apartments. DHCR Operational Bulletin 2016-1 further provides: Claimed individual apartment improvements are required to be supported by adequate and specific documentation, which should include: 1. DHCR Fact Sheet #33 (revised April, 2017) set forth the useful life of many items, both building wide (roofs, boilers) and individual apartment items . IMPROVEMENTS (DHCR form RA-79) available from DHCR Borough Rent Offices or from the main office at Gertz Plaza, 92-31 Union Hall Street, Jamaica, NY 11433, or from the DHCR website. Foster, 2 Misc. C. Zoning Audit of New Building, Alteration Type-1 and Enlargements Professionally certified New Building, Alteration Type 1 and other enlargement applications are subject to a zoning audit by the Department, prior to acceptance, as outlined in Section 4 of this Bulletin. initially installed between October 1, 2017 and September 30, 2018 if electricity costs are included in . DHCR tells you exactly . Download about Operational Bulletin #2018-1: . Where prior to October 1, 2017, collection of an air . The DHCR promulgated that bulletin at some point in 2016 to update the agency rules that it had previously promulgated in "Policy Statement 90-10." Operational Bulletin 2016-1 provides, in pertinent part, as follows: DHCR issued Operational Bulletin 2016-1 [2] "Individual Apartment Improvements", which deals extensively with the types of proof the DHCR requires of a landlord who wants to substantiate IAI's, . On October 17, 2017, . The State Division of Housing, this week, issued Policy Statement 2017-1 on the Eligibility of Non Construction Costs, i.e. The previous Operational Bulletin (93-1) will no longer be in use. NO. Gertz Plaza, 92-31 Union Hall St., Jamaica NY 11433 │www.nyshcr.org . Please review the new document- Operational Bulletin 2016-02/Procedures for Request for Records Access, Freedom of Information Law (FOIL) Request and Subpoenas, which can be found on the HCR website. 2016-2 (Replaces Operational Bulletin No. In 1994, DHCR pro - mulgated Operational Bulletin 94-1 (OB 94-1) to govern, inter alia, high income luxury deregulation proce-dures. NO. 1 TO OPERATIONAL BULLETIN 84-4: . NO. Title: orao20161.pdf Author: cthornlow Created Date: 8/22/2017 4:27:36 PM The owner is responsible for compliance with On Jan. 12, the DHCR issued Operational Bulletin 2021-1, which replaces Operation Bulletin 2020-01. C. Zoning Audit of New Building, Alteration Type-1 and Enlargements Professionally certified New Building, Alteration Type 1 and other enlargement applications are subject to a zoning audit by the Department, prior to acceptance, as outlined in Section 4 of this Bulletin. § 102[2][a][i], [b][iv]), but merely develops the parameters for calculation of the demolition stipend, as expressly provided for in the Rent Stabilization Code (see 9 NYCRR 2524.5[a][2][ii][a], 2524.5[ii][b][3], 2527.11). Fees for Sub-Metering are detailed in DHCR Operational Bulletin 2014-1. The best place to start a review of the law in this area is to study the exact text of the DHCR Operational Bulletin 95-2 [in magenta below], which sets forth the position of the DHCR regarding the circumstances under which the agency will find that a building has been substantially rehabilitated. Cancelled check(s) (front and back) contemporaneous with the completion of the work or proof of electronic payment; 2. 2016-2 (Replaces Operational Bulletin No. 93-1) Procedures for Requests for Records Access, Freedom of Information Law (FOIL) Requests and Subpoenas FILED: NEW YORK COUNTY CLERK 10/17/2017 04:33 PM INDEX NO. DHCR tells you exactly . OpB2009-1 moves nearly all the disputes to DHCR processing. Download about Policy Statement #2017-1: . On October 17, 2017, . However, actual processing has shown that more than one type of proof is the norm rather than the exception. 2004) the Appellate Term upheld the use of the courts for determining whether there had been a qualifying substantial rehabilitation, while applying the criteria of Operational Bulletin 95-2 (OB95-2) as a rule of law. 84-4 and DHCR Operational Bulletin 2005-1. This surcharge is authorized by Division of Housing and Community Renewal (DHCR) Operational Bulletin #2005-1 (copy enclosed) for tenant-installed washing machines in buildings where the owner pays for electricity. DHCR may conduct an inspection to help it reach its decision. 155681/2017 NYSCEF DOC. Fees cannot be charged to the tenant for a Foster, 2 Misc. or decrease the rent is issued by DHCR. 70 RECEIVED NYSCEF: 10/17/2017 All owners and the According to the DHCR, this bulletin is designed to be updated annually to reflect reasonable costs associated with major capital improvements (MCIs). Instead, the Division of Housing and Community Renewal (DHCR) issued a new Operational Bulletin 2009-1 (OpB2009-1) still not giving definition to "demolition," but focusing on the landlord's proof of financial ability to effect the demolition and to relocate and furnish stipends to the displaced tenants. Operational Guidelines 2004) the Appellate Term upheld the use of the courts for determining whether there had been a qualifying substantial rehabilitation, while applying the criteria of Operational Bulletin 95-2 (OB95-2) as a rule of law. DHCR found that it was reasonable for the RA to require submission of records for proof of the alleged renovation to the premises as required by OB 95-2, which outlines criteria owners must meet to prove substantial rehabilitation. See section 5 of this Bulletin. Operational Bulletin No. Operational Bulletin 2017-1 - Major Capital Improvements - Confirmation of Costs/Payments Operational Bulletin 2016-1 - Individual Apartment Improvements * (Revised 2/20) Operational Bulletin 84-4 - Thirty Fourth (34th) Annual Update of Section B of Supplement No. DHCR Fact Sheet #33 (revised April, 2017) set forth the useful life of many items, both building wide (roofs, boilers) and individual apartment items . Where DHCR regards the circumstances under which the agency will find that a building has been substantially rehabilitated. However, actual processing has shown that more than one type of proof is the norm rather than the exception. Unlawful Fees: Fees for background checks on rent stabilized tenants in occupancy. OB 94-1, however was silent Footnote 2:The DHCR also has set forth its general policies regarding the collectability of Major Capital Improvement (MCI) and Individual Apartment Improvement (IAI) rent increases in an Operational Bulletin (number 2014-2, replacing Operational Bulletin 95-1), issued pursuant to RSC § 2527.11. NO. the operational bulletin could be subject to change without public input. or decrease the rent is issued by DHCR. That amendment did not come. DHCR's Operational Bulletins As noted, the statute provides no guidance for determining the date upon which household composition is to be determined for purposes of counting income. DHCR will consider the statement by at least 51% of the original complainants or the tenants' counter affidavit in deciding to approve or deny the MCI application. 3. 1 Title: orao20161.pdf Author: cthornlow Created Date: 8/22/2017 4:27:36 PM Footnote 2:The DHCR also has set forth its general policies regarding the collectability of Major Capital Improvement (MCI) and Individual Apartment Improvement (IAI) rent increases in an Operational Bulletin (number 2014-2, replacing Operational Bulletin 95-1), issued pursuant to RSC § 2527.11. 3. 3d 65, 774 N.Y.S.2d 901 (1 st Dept. DHCR's Response: The operational bulletin is designed in accordance with the Regulation to update annually to reflect reasonable costs and changes thereto. Example: Installation of windows, roofs and lobby doors do not require approval from other government agencies. Kostro argues that "DHCR was bound to follow the dictates of Operational Bulletin 2016-1." See verified petition, ¶¶ 78-88. Owners need to be aware of Operational Bulletin 2016-1, which replaced Policy Statement 90-10, and the changes under the new Bulletin: 1) DHCR will now consider the "useful life" of IAIs. 84-4 and DHCR Operational Bulletin 2005-1. Operational Bulletin 2017-1 - Major Capital Improvements - Confirmation of Costs/Payments Operational Bulletin 2016-1 - Individual Apartment Improvements * (Revised 2/20) Operational Bulletin 84-4 - Thirty Fourth (34th) Annual Update of Section B of Supplement No. Handling Reasonable Accommodation Requests from Tenants with Nonobvious Disabilities December 20, 2017 The DHCR recently revised Operational Bulletin 2016-1 to include changes or modifications made to an apartment that are reasonable modifications for a tenant with disabilities. professional fees, to be included in Major Capital Improvement Rent Increases. By order dated August 1, 2018, the DHCR denied petitioner's PAR. The regulation and the accompanying regulatory 3d 65, 774 N.Y.S.2d 901 (1 st Dept. The previous Operational Bulletin (93-1) will no longer be in use. The previous form (FOIL-1) will no longer be in use. Based on that installation, as of May, 1, 2005, your rent bill will reflect a $14.92 monthly surcharge for the washing machine. DHCR Issues New Operational Bulletin on Defective Work and MCI Rent Hikes May 22, 2018 The DHCR recently posted Operation Bulletin 2018-1 entitled, "The Effect of Defective Work on the Disposition of an Owner's Application for a Major Capital Improvements (MCI) Rent Increase." 1 Where prior to October 1, 2017, collection of an air . Bottom line, if the services of an architect or engineer are required to get a permit, then it is included. Fees cannot be charged to the tenant for a The Operational Bulletin implements a change made to the Rent Stabilization Code in December 2000. 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