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Prior to any hearing of such application, notice shall be given in accordance with § 134-9C(3).When a landlord shall file an application before the Rent Stabilization Board for a hardship rental increase, the Board shall review said application to determine the eligibility of the landlord for said hardship increase pursuant to this chapter.A substantial improvement, addition or alteration to a dwelling that adds services or amenities to the dwelling for the benefit of its tenant(s) not previously provided.Specifically included in this definition are the purchase and installation of safety devices or systems mandated by any government agency.The concept is illustrated by the following mathematical formula: The hardship increase shall be prepared over all rental units affected by the application.The formula for prorating shall be the ratio that the number of habitable rooms contained in the rental unit bears to the total number of habitable rooms contained in the dwelling(s).Rooms in a structure for living, sleeping, eating or cooking.

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Such a hardship increase surcharge shall not be considered rent for purposes of computing rent under § 134-3.In the event of a dispute between the landlord and the tenant with regard to the amount of rent increase, either the tenant or the landlord will have the right to present his complaint to the Rent Stabilization Board for a hearing by that Board.Whenever a landlord shall determine that the reasonable and necessary operating expenses of a dwelling(s) subject to rent regulations are greater than 60% of the gross maximized annual income of such dwelling(s), said landlord may apply to the Rent Stabilization Board for a hardship increase; said landlord must meet the criteria set forth in this chapter.Divestiture of one or more such simultaneously owned rental units, on or after October 15, 1990, shall not serve to remove the rental unit(s) divested, nor the rental unit(s) retained, from the applicability of this definition or the operation of this chapter so long as the tenancy existing at the time of the divestiture(s) shall continue.Tenancies in any one-family house, two-family house which is not owner-occupied, owner-occupied three-family house or in any rental unit located in a building or series of buildings comprising a single condominium or cooperative entity (other than those described in Subsection B of this definition) where the tenancy therein began prior to December 31, 1990, so long as the particular tenancy shall continue.




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