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Brooklyn, NY Legal Blog

Saturday, August 13, 2011

New DHCR Fact Sheets

DHCR has revised Fact Sheets #1 through #40 and issued three new Fact Sheets which summarize existing law: Fact Sheet #41relaing to tax abatement; Fact Sheet #42, relating to hotels, single room occupancy dwellings and rooming houses, and Fact Sheet #43, relating to foreclosure and the rights of owners and tenants. (For more information see: http://www.dhcr.state.ny.us/Rent/Factsheets/ )

Fact Sheet #42: Hotels, SROS and Rooming Houses

Fact Sheet #42 describes the circumstances when the occupant of a hotel, SRO, or rooming house is protected by rent stabilization.  If the occupant becomes a "permant tenant," the tenant is protected by rent stabiization.  A permanent tenant is defined as "an individual or his ot her family member residing with such individual, who: (1) has continuously resided in the same building as a principal residence for a period of at least six months: or (2) requests  a lease of six months or more, which the owner must provide within 15 days; or (3) is in occupancy pursuant to a lease of six months or  more even if actual occupancy is less than six months." 

Fact Sheet # 43: Foreclosure and Owner and Tenant's Rights

Fact sheet #43 sets forth the basic rights of the owner and tenant during a foreclosure.  The apartments remain subject to rent stabilization.  A receiver will be appointed to collect rents and complete the annual apartment registration with DHCR.  Fact Sheet #43 addresses other questions relating to other aspects of landlord/tenant law, as well as sources of information.


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