N.Y.C. Admin. Code tit. 26, ch. 4 § 26-514
Maintenance of services (New York City Rent Stabilization Law of 1969)
Operative Text
In order to collect a rent adjustment authorized pursuant to the provisions of subdivision d of section 26-510 of this chapter an owner must file with the state division of housing and community renewal, on a form which the commissioner shall prescribe, a written certification that he or she is maintaining and will continue to maintain all services furnished on the date upon which the emergency tenant protection act of nineteen seventy-four becomes a law or required to be furnished by any state law or local law, ordinance or regulation applicable to the premises. In addition to any other remedy afforded by law, any tenant may apply to the state division of housing and community renewal, for a reduction in the rent to the level in effect prior to its most recent adjustment and for an order requiring services to be maintained as provided in this section, and the commissioner shall so reduce the rent if it is found that the owner has failed to maintain such services. The owner shall also be barred from applying for or collecting any further rent increases. The restoration of such services shall result in the prospective elimination of such sanctions. The owner shall be supplied with a copy of the application and shall be permitted to file an answer thereto. A hearing may be held upon the request of either party, or the commissioner may hold a hearing upon his or her own motion. The commissioner may consolidate the proceedings for two or more petitions applicable to the same building or group of buildings or development. If the commissioner finds that the owner has knowingly filed a false certification, it shall, in addition to abating the rent, assess the owner with the reasonable costs of the proceeding, including reasonable attorneys' fees, and impose a penalty not in excess of two hundred fifty dollars for each false certification. The amount of the reduction in rent ordered by the state division of housing and community renewal under this subdivision shall be reduced by any credit, abatement or offset in rent which the tenant has received pursuant to section two hundred thirty-five-b of the real property law, that relates to one or more conditions covered by such order.
Under N.Y.C. Admin. Code §§ 26-501 & 26-514, a property owner who seeks a rent adjustment must first file a written certification with the New York State Division of Housing and Community Renewal (DHCR) affirming that all services provided on the date the Emergency Tenant Protection Act of 1974 became law—or required by any applicable law or regulation—are being maintained and will continue to be maintained. If an owner is found to have failed to maintain those services, DHCR may reduce the rent to the level in effect before the most recent adjustment and bar the owner from collecting further rent increases until services are restored. If an owner is found to have knowingly filed a false certification, DHCR may also assess the costs of the proceeding, including reasonable attorneys' fees, and impose a penalty of up to $250 for each false certification.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 26-501 & 26-514, compliant property owners file an accurate written certification with DHCR before collecting any authorized rent adjustment, confirming that all services in place as of the Emergency Tenant Protection Act of 1974's effective date—and any services required by applicable law—are being maintained and will continue to be. Operators generally keep thorough records documenting the ongoing provision of those services, since a finding of failure to maintain services can result in rent rollbacks, a bar on future rent increases, and, if a false certification was knowingly filed, financial penalties and assessed legal costs. Restoration of any lapsed services prospectively lifts those sanctions, so prompt corrective action is a recognized part of compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 26-501 & 26-514 give tenants the right to apply directly to the New York State Division of Housing and Community Renewal if they believe an owner has failed to maintain required services, and DHCR may reduce the rent to the level in effect before the most recent adjustment and order that services be restored. Tenants who file such an application are entitled to have the owner receive a copy and respond, and either party may request a hearing before DHCR. Tenants who believe their situation may involve a service reduction or a false certification can explore their options by contacting DHCR, a local tenant-rights organization, or a housing attorney familiar with the Emergency Tenant Protection Act framework.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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