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What is NYC ZR § 27-112?

Quick Answer

This section provides definitions relevant to rental affordable housing, including terms such as 'legal regulated rent', 'maximum monthly rent', and 'supportive housing project'. The definitions are applicable to affordable housing units registered with the Division of Housing and Community Renewal. Applies to property operators involved in affordable housing management.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 27-112 Definitions applying to rental affordable housing

ZR § 27-112

The following definitions shall apply to rental affordable housing:

Legal regulated rent

A “legal regulated rent” is, with respect to any affordable housing unit, the initial monthly rent registered with the Division of Housing and Community Renewal at rent-up in accordance with paragraph (b) of Section 27-161 (Additional requirements for rental affordable housing).

Maximum monthly rent

The “maximum monthly rent” for an affordable housing unit is a rent that is affordable to an occupant in the income band applicable to such affordable housing unit, as set forth in the guidelines or restrictive declaration.

Monthly rent

The “monthly rent” is the monthly amount charged, pursuant to paragraph (b) of Section 27-161 (Additional requirements for rental affordable housing), to a tenant in an affordable housing unit.

Rent stabilization

“Rent stabilization” is the Rent Stabilization Law of 1969 and the Emergency Tenant Protection Act of 1974 and all regulations promulgated pursuant thereto or in connection therewith. If the Rent Stabilization Law of 1969 or the Emergency Tenant Protection Act of 1974 is repealed, invalidated or allowed to expire, rent stabilization shall be defined as set forth in the guidelines.

Rent-up

“Rent-up” is the first rental of vacant affordable housing units on or after the restrictive declaration date, except that, where one or more affordable housing units in preservation affordable housing were occupied by grandfathered tenants on the restrictive declaration date, rent-up shall have the same meaning as restrictive declaration date.

Rent-up date

The “rent-up date” is the date upon which leases for a percentage of vacant affordable housing units set forth in the guidelines have been executed, except that, where one or more affordable housing units in preservation affordable housing were occupied by grandfathered tenants on the restrictive declaration date, the rent-up date is the restrictive declaration date.

Supportive housing project

A supportive housing project is a building or a portion thereof that is a non-profit institution with sleeping accommodations, as specified in Section 22-13 (Use Group III – Community Facilities), inclusive, restricted to use as affordable housing for persons with special needs pursuant to a regulatory agreement with a Federal, State, or local agency or instrumentality.

Supportive housing unit

A “supportive housing unit” is floor area in a supportive housing project that consists of sleeping quarters for persons with special needs and any private living space appurtenant thereto.

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