608 - Rent regulation of rehabilitated multiple dwellings aided by certain federal housing assistance programs.

§  608.  Rent  regulation of rehabilitated multiple dwellings aided by  certain federal  housing  assistance  programs.  1.  In  cities  with  a  population  of one million or more, upon completion of rehabilitation of  a class A multiple dwelling which is aided by a  mortgage  loan  entered  into  in  conjunction  with  a  housing  assistance payments contract in  connection with moderate rehabilitation pursuant to section eight of the  United States  housing  act  of  1937,  as  amended,  the  agency  shall  establish  the  initial  rent  for  each rental dwelling unit within the  rehabilitated  or  converted  multiple  dwelling   notwithstanding   the  provisions  of, or any regulation promulgated pursuant to, the emergency  housing rent control law, the local emergency housing rent control  act,  the  emergency tenant protection act of nineteen seventy-four, the local  rent stabilization law or any local law enacted pursuant thereto.  After  the  agency  has set the initial rents, all rental dwelling units within  such rehabilitated or converted multiple dwellings shall become  subject  to the rent stabilization law of nineteen hundred sixty-nine.    2.  The  occupant  in  possession  of  such  a  dwelling unit when the  multiple dwelling is made subject  to  the  rent  stabilization  law  of  nineteen  hundred  sixty-nine  shall be offered a choice of a one or two  year  lease  at  the   initial   rents   established   by   the   agency  notwithstanding  any  contrary  provisions  of,  or  regulations adopted  pursuant to, the rent stabilization law of nineteen hundred  sixty-nine,  and the emergency tenant protection act of nineteen seventy-four.    3.  Prior  to  establishing  initial  rents the agency shall cause all  tenants in occupancy of such mulitple dwelling to be  notified  of,  and  have an opportunity to comment on, the contemplated rehabilitation. Such  notification  shall advise such tenants of the approximate expected rent  increase and the subsequent availability of a one  or  two  year  lease.  Such  notification  and  opportunity to comment shall be provided before  the rehabilitation and again after  the  construction  is  complete  and  before the establishment of the initial rents.    4. For the purposes of this section, "multiple dwelling" shall include  any  class  A  multiple  dwelling  having three or more units, and shall  include multiple family garden-type maisonette dwelling complexes  under  single  ownership  having  common facilities such as a sewer line, water  main and heating plant notwithstanding the  fact  that  certificates  of  occupancy  were  issued  for  portions  thereof  as  one  or  two family  dwellings.    5. For the  purposes  of  this  section,  the  meaning  of  the  terms  "agency",  "conversion", "non-residential property" and "rehabilitation"  shall be the meaning provided pursuant to section eight hundred  one  of  this chapter.    6.  The  agency  may promulgate supplementary rules and regulations to  carry out the provisions of this  section,  not  inconsistent  with  the  provisions of this section.