2006
Hotel Order #36
June
27, 2006
Order
Number 36 - Hotels, Rooming Houses, Single Room Occupancy Buildings
and Lodging Houses. Rent levels
to be effective for leases commencing October 1, 2006 through September
30, 2007.
NOTICE
IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE NEW YORK CITY
RENT GUIDELINES BOARD BY THE RENT STABILIZATION LAW OF 1969, as amended,
and the Emergency Tenant Protection Act of 1974, as amended, implemented
by Resolution No. 276 of 1974 of the New York City Council and extended
by Chapter 82 of the Laws of 2003, and in accordance with the requirements
of Section 1043 of the New York City Charter, that the Rent Guidelines
Board hereby adopts the following
levels of fair rent increases over lawful rents charged and paid on September
30, 2006.
APPLICABILITY
This
order shall apply to units in buildings subject to the Hotel Section
of the Rent Stabilization Law (Sections 26-504(c) and 26-506 of the N.Y.C.
Administrative Code), as amended, or the Emergency Tenant Protection
Act of 1974 (L.1974, c. 576 §4[§5(a)(7)]).
With respect to any tenant who has no lease or rental agreement, the
level of rent increase established herein shall be effective as of one
year from the date of the tenant's commencing occupancy, or as of one
year from the date of the last rent adjustment charged to the tenant,
or as of October 1, 2006, whichever is later. This anniversary
date will also serve as the effective date for all subsequent Rent Guidelines
Board Hotel Orders, unless the Board shall specifically provide otherwise
in the Order. Where a lease or rental agreement is in effect, this Order
shall govern the rent increase applicable on or after October
1, 2006 upon expiration of such lease or rental agreement, but
in no event prior to one year from the commencement date of the expiring
lease, unless the parties have contracted to be bound by the effective
date of this Order.
RENT GUIDELINES FOR
HOTELS, ROOMING HOUSES, SINGLE ROOM OCCUPANCY BUILDINGS AND LODGING
HOUSES
Pursuant to its mandate to promulgate rent adjustments
for hotel units subject to the Rent Stabilization Law of 1969, as amended,
(§26-510(e) of the N.Y.C Administrative Code) the Rent Guidelines
Board hereby adopts the following rent adjustments:
The
allowable level of rent adjustment over the lawful rent actually charged
and paid on September 30, 2006 shall
be:
| |
1) Residential Class A (apartment)
hotels |
2.0% |
| |
2) Lodging houses |
2.0% |
| |
3) Rooming houses (Class B buildings containing
less than 30 units) |
2.0% |
| |
4) Class B hotels |
2.0% |
| |
5) Single Room Occupancy buildings (MDL section
248 SRO's) |
2.0% |
Except
that the allowable level of rent adjustment over the lawful rent actually
charged
and paid on September 30, 2006 shall be 0% if permanent rent stabilized
or rent
controlled tenants paying no more than the legal regulated rent, at the
time that any rent
increase in this Order would otherwise be authorized, constitute fewer
than 80% of all
units in a building that are used or occupied, or intended, arranged
or designed to be used
or occupied in whole or in part as the home, residence or sleeping place
of one or more
human beings.
NEW TENANCIES
No "vacancy
allowance" is
permitted under this order. Therefore, the rents charged for tenancies
commencing on or after October 1, 2006 and on or before September
30, 2007 may not exceed the levels over rentals charged on September
30, 2006 permitted under the applicable rent adjustment provided
above.
ADDITIONAL
CHARGES
It is expressly understood that the rents collectible
under the terms of this Order are intended to compensate in full for
all services provided without extra charge on the statutory date for
the particular hotel dwelling unit or at the commencement of the tenancy
if subsequent thereto. No additional charges may be made to a tenant
for such services, however such charges may be called or identified.
STATEMENT OF BASIS
AND PURPOSE
The Rent Guidelines Board is authorized to promulgate
rent guidelines governing hotel units subject to the Rent Stabilization
Law of 1969, as amended, and the Emergency Tenant Protection Act of 1974,
as amended. The purpose of these guidelines is to implement the public
policy set forth in Findings and Declaration of Emergency of the Rent
Stabilization Law of 1969 (§26-501 of the N.Y.C. Administrative
Code) and in the Legislative Finding contained in the Emergency Tenant
Protection Act of 1974 (L.1974 c. 576, §4 [§2]).
Dated:
June 27, 2006
Marvin Markus
Chair
New York City Rent Guidelines Board
