§ 52-16 Reclassification of an Apartment.
RCNY § 52-16
(a)If a DRIE order is in effect, the benefits will continue to be in effect on an uninterrupted basis if the apartment is reclassified as set forth below: (1) From rent controlled to rent stabilized; (2) From rent stabilized to rent controlled; (3) From rent stabilized to an apartment owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op; or (4) From an apartment owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op to rent stabilized.
(b)If a SCRIE order is in effect, the benefits will continue to be in effect on an uninterrupted basis if the apartment is reclassified as set forth below: (1) from rent controlled to rent stabilized; or (2) from rent stabilized to rent controlled.
(c)If an apartment is reclassified from rent controlled or rent stabilized to an apartment owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op, it will be necessary for the tenant to contact HPD. SCRIE benefits for apartments owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op are administered by HPD.
(d)If an apartment is reclassified from an apartment owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op, to rent controlled or rent stabilized, it will be necessary for the tenant to submit the current SCRIE rent exemption order issued by HPD to the Department and request that a new SCRIE rent exemption order be issued.
(e)If a SCRIE or DRIE order is in effect, the benefits will be terminated if an apartment is reclassified so that it no longer meets the definition of an eligible apartment as set forth in 19 RCNY § 52-06. (Added City Record 5/14/2021, eff. 6/13/2021)
