[Added 1-22-2014 by Ord. No. Z-276]
In the event that an owner of a condo/co-op unit has continuously occupied said unit as his/her principal residence for the previous two years, the owner may file an affidavit with, and on the form provided by, the Rent Regulation Officer documenting his/her use.
In the event that the affidavit is filed with, and is either approved or not successfully challenged by, the Rent Regulation Officer, the owner shall be deemed a bona fide CCOO.
Approval. An affidavit form shall be provided by the Rent Regulation Officer in a form approved by the Rent Leveling and Stabilization Board.
Statement and certification. The affidavit form shall include a statement that the owner has owned and occupied the unit for at least the preceding two years. This statement must be certified to by the owner.
Documentation. The Rent Regulation Officer will have the authority to request reasonable documentation he/she sees fit in order to make a determination on the validity of the affidavit under this section. No affidavit is deemed completed until all requested documentation is received by the Rent Regulation Officer.
Filing fee. The filing fee to apply to be deemed a bona fide CCOO will be the same fee assessed as for a hardship application.
Acceptance and rejection. A completed bona fide CCOO affidavit submitted to the Rent Leveling Officer is deemed accepted unless rejected within 21 days of filing. Any CCOO affidavit may be rejected for inadequate documentation or statements the Rent Leveling Officer has a reasonable basis to believe may be inaccurate.
Appeals. As with any decision of the Rent Regulation Officer, the owner will have the right to appeal any rejection to the Rent Leveling and Stabilization Board pursuant to § 155-23.
False statements. If, subsequent to the granting of an initial rental decontrol (§ 155-37), it is found that information was submitted to either the Rent Regulation Officer or the Rent Leveling and Stabilization Board which is determined by the Rent Leveling Officer or the Rent Leveling and Stabilization Board to be incorrect and it is further determined that, had such information been presented correctly in the affidavit, an initial rental decontrol which had been granted would not have been granted, then the initial rental decontrol shall be declared null and void, and the rent shall be reset at the original legal base rent plus any applicable surcharges and applicable increases based on the consumer price index. In the event the Board determines that the misrepresentation was willful, the owner of the unit shall also be assessed a fine up to the maximum allowed under this article.
In the event that an individual who qualifies as a bona fide CCOO vacates his/her condo/co-op unit and offers it for rental, said unit is decontrolled solely for the purpose of establishing the initial rent subsequent to the bona fide CCOO vacating. The new base rent shall be established at the amount charged in the initial lease subsequent to the bona fide CCOO vacating. This new base rent shall be documented by submission and filing of a completed rent registration form and fee to the Rent Leveling Office. Said unit is decontrolled for the purpose of establishing the initial rental only and otherwise is fully subject to Chapter 155. Nothing herein shall be construed to cause an existing rent to change as a result of any initial rental decontrol granted under this section.