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New rent laws seen as victory for owners.


Recently, both the New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system.

The following legislatures exist in the following political subdivisions:
 enacted new legislation and the New York City Council The New York City Council is the lawmaking body of the City of New York. It comprises 51 members from 51 council districts throughout the five boroughs. The Council serves as balance of power against the mayor in a "strong" mayor-council government model.  passed a new measure which provide for deregulation Deregulation

The reduction or elimination of government power in a particular industry, usually enacted to create more competition within the industry.

Notes:
Traditional areas that have been deregulated are the telephone and airline industries.
 of high rent housing accommodations. In doing this, the legislative bodies have finally recognized that the existing rent stabilization Stabilization

The action undertakes a country when it buys and sells its own currency to protect its exchange value.
Actions registered competitive traders undertake by on the NYSE to meet the exchange requirement that 75% of their traded be stabilizing, meaning that sell orders
 and rent control laws have too often become unjustifiable subsidies for wealthy tenants.

State Legislation

The State Legislature passed Chapter 253 of the Rent Regulation Reform Act (RRRA,) which became effective on July 7, 1993. It affects the New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 Rent Stabilization Law, the Emergency Tenants Protection Act of 1974, the New York City Rent and Rehabilitation rehabilitation: see physical therapy.  Law and the Emergency Housing Rent Control Law.

Deregulation of Vacant High

Rent Housing Accommodations

The RRRA provides for deregulation of vacant high rent housing accommodations, and if occupied, for deregulation upon vacancy. The Division of Housing and Community Renewal (DHCR DHCR Division of Housing and Community Renewal ) will be responsible for enforcing this legislation.

Vacant high rent housing is subject to deregulation if, and only if, the housing accommodation had a legal regulated rent of $2,000 per month or more at any time between July 7, 1993 and October 1, 1993, and the housing accommodation must have been or become vacant on or after July 7, 1993. However, if DHCR determines that the housing accommodation was vacated due to an owner's harassment Ask a Lawyer

Question
Country: United States of America
State: Nevada

I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med.
 or by "succession" of a family member on a renewal lease, it will not be subject to deregulation. If the accommodation was subject to rent regulation by virtue of receiving tax benefits pursuant to the Real Property Tax Law, it will likewise not be deregulated.

Deregulation of Housing

Accommodations

Occupied by High Income Tenants

The RRRA provides for deregulation of housing accommodations occupied by certain "high income" tenants where the legal regulated rent was $2,000 or more per month as of October 1, 1993, and where the occupying tenant had a total annual income (federal adjusted gross income) in excess of $250,000 per year in each of the two years preceding the year in which an owner serves the tenant with an income certification form. The owner may, but is not required to, serve the tenant on or before May 1st of each year with an income certification form provided by DHCR. DHCR will not process an owner's petition for high income rent deregulation under the RRRA where the income certification form has not been served on or before May 1st. The tenant must return the completed form within 30 days of service by the owner. In the event the tenant does not return the certification form to the owner, the owner may obtain the tenant's annual income from the New York State Department of Taxation and Finance The New York State Department of Taxation and Finance (NYSDTF) is a core agency of the New York State in the United States of America.

The agency is responsible for handling all tax forms and publications.
. The owner can then apply to the DHCR for high income rent deregulation by filing a Petition by Owner for the High income Rent Deregulation, together with the income certification form, by June 30th of the year in which the owner serves the certification form to the tenant. Within 30 days after the filing, DHCR will issue a deregulation order effective at the expiration of the existing lease.

New York City Council Legislation

In late March, 1994, the City Council of New York passed a luxury decontrol de·con·trol  
tr.v. de·con·trolled, de·con·trol·ling, de·con·trols
To stop control of, especially by the government: decontrolled oil and natural-gas prices.
 measure. It is estimated that 1,200 to 1,500 apartments will be affected by the new City Law.

Under the City Council measure signed by Mayor Rudolph Giuliani, apartment renters who are paying $2,000 per month and whose total annual income is more than $250,000 per year for two consecutive years (total annual income of all primary residents) will have their rents decontrolled upon the expiration of their current lease.

Although similar to the law passed by the State legislature, the measure passed by the City Council differs on specific points. The new measure decontrols upon vacancy those units that rent for $2,000 or more on or after April 1, 1994. The law passed by the State legislature limited the monetary rental criteria to apartments that had reached the mark on October 1, 1993, and did not take into account any apartments that reached that rent level after that date.

Under the City Council measure, tenants will not have to furnish fur·nish  
tr.v. fur·nished, fur·nish·ing, fur·nish·es
1. To equip with what is needed, especially to provide furniture for.

2.
 copies of income tax filings to owners, but pursuant to the State law administered by the DHCR, owners may provide the tenants with an income certification form by May 1st of each year.
COPYRIGHT 1994 Hagedorn Publication
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1994, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Continuing Education/Legal Review; New York state and city measures deregulating high-rent apartments
Author:Buszkiewicz, M. Joelle
Publication:Real Estate Weekly
Date:Aug 17, 1994
Words:733
Previous Article:Landlords beware of letters of credit pitfalls. (Continuing Education/Legal Review)
Next Article:Alternative dispute resolutions in public contracts. (Continuing Education/Legal Review)
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