2008
Hotel Order #38
June
19, 2008
Order
Number 38 - Hotels, Rooming Houses, Single Room Occupancy Buildings
and Lodging Houses. Rent levels to be effective
for leases commencing October 1, 2008 through September
30, 2009.
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, 2008.
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, 2008, 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, 2008 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, 2008 shall
be:
| |
1) Residential Class A (apartment)
hotels |
4.5% |
| |
2) Lodging houses |
4.5% |
| |
3) Rooming houses (Class B buildings containing
less than 30 units) |
4.5% |
| |
4) Class B hotels |
4.5% |
| |
5) Single Room Occupancy buildings (MDL section
248 SRO's) |
4.5% |
Except that the allowable level of rent adjustment over the lawful rent
actually charged and paid on September 30, 2008 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 85% 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, 2008 and on or before September
30, 2009 may not exceed the levels over rentals charged on September
30, 2008 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 19, 2008
Marvin Markus
Chair
New York City Rent Guidelines Board
