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State of New York Codes, Rules and Regulations (NYCRR)
Title 9. Executive Department
Subtitle S. Division of Housing and Community Renewal
Chapter VIII. Rent Stabilization Regulations
Subchapter B. Rent Stabilization Code
Part
2529. Administrative Review
2529.1 |
Persons
who may file |
2529.2 |
Time for
filing a PAR |
2529.3 |
Form and
content of a PAR |
2529.4 |
Service
and filing of a PAR |
2529.5 |
Time of
filing an answer to a PAR |
2529.6 |
Scope of
Review |
2529.7 |
Action
by commissioner |
2529.8 |
Final determination
by the commissioner |
2529.9 |
Modification
or revocation of orders by the commissioner |
2529.10 |
Pending
PAR proceedings |
2529.11 |
Time within
which the commissioner shall take final action |
2529.12 |
Stays |
9
NYCRR Part 2529 Notes
Statutory Authority: N.Y.C.
Administrative Code, §§ 26-511(b), 26-518(a).
Added Part 2529 on 5/01/87.
9
NYCRR § 2529.1
§ 2529.1 Persons who may file
(a) A petition for administrative review (PAR) of
an order issued by a rent administrator may be filed by a party
to the proceeding, or other necessary party, in the manner provided
in this Part, where such petition alleges the errors upon which
such order is based.
(b)
(1) A joint PAR, verified or affirmed by each
person joining therein, may be filed by two or more owners or
tenants, where at least one ground is common to all persons
so filing. The commissioner, in his discretion, may treat such
PAR as joint or several.
(2) A PAR may also be filed by a representative
of a party, including an attorney at law, provided that said
representative duly verifies or affirms the PAR and provided
that such representative includes, at the time of the filing
of the PAR, written evidence of authorization to act in such
representative capacity for the purpose of filing the PAR.
(c) The commissioner may, in his discretion, consolidate
two or more PAR's which have at least one ground in common.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2529.1 on 5/01/87.
9
NYCRR § 2529.2
§ 2529.2 Time for filing a PAR
A PAR against an order of a rent administrator
must be filed in person, by mail, or otherwise as provided
by operational bulletin, with the DHCR within 35 days after
the date such order is issued. A PAR served by mail must be
postmarked not more than 35 days after the date of such order,
to be deemed timely filed. If the prepaid postage on the envelope
in which the PAR is mailed is by private postage meter, and
the envelope does not have an official U.S. Postal Service
postmark, then the PAR will not be considered timely filed
unless received within the aforementioned 35 days or the petitioner
submits other adequate proof of mailing within said 35 days,
such as an official Postal Service receipt or certificate
of mailing.
Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b),
26-518(a)
History:
Added § 2529.2 on 5/01/87; amended 2529.2
on 12/20/00.
9
NYCRR § 2529.3
§ 2529.3 Form and content of a
PAR
A PAR may be filed only on a form prescribed
by the DHCR, which shall be verified or affirmed by the
party filing same, or his or her duly designated representative,
and which shall have attached thereto a complete copy of
the order to be reviewed.
Statutory Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2529.3 on 5/01/87.
9
NYCRR § 2529.4
§ 2529.4 Service and filing
of a PAR
(a) Each PAR shall be filed in an original
and one copy at the Division of Housing and Community
Renewal, Office of Rent Administration, 92-31 Union Hall
Street, Jamaica, NY 11433, unless otherwise provided on
the form prescribed by the commissioner for such PAR.
(b) A copy of the PAR shall be served by
the DHCR upon the adverse party.
(c) A PAR will not be accepted for filing
unless accompanied by a complete copy of the order to
be reviewed.
Statutory Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2529.4 on 5/01/87.
9
NYCRR § 2529.5
§ 2529.5 Time of filing an
answer to a PAR
Any person served with a PAR as provided
in section 2529.4(b) of this Part, may, within 20 days
from the date of mailing of a copy of the PAR by the
DHCR pursuant to section 2529.4(b), file a verified
or affirmed answer thereto, by filing the same with
the DHCR. A copy of such answer to the PAR shall be
served by the DHCR upon the adverse party. The commissioner
may, in his discretion, and for good cause shown, extend
the time within which to answer.
Statutory Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2529.3 on 5/01/87.
9
NYCRR § 2529.6
§ 2529.6 Scope of review
Review pursuant to this Part shall be
limited to facts or evidence before a rent administrator
as raised in the petition. Where the petitioner submits
with the petition certain facts or evidence which
he or she establishes could not reasonably have been
offered or included in the proceeding prior to the
issuance of the order being appealed, the proceeding
may be remanded for redetermination to the rent administrator
to consider such facts or evidence.
Statutory Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2529.6 on 5/01/87.
9
NYCRR § 2529.7
§ 2529.7 Action by commissioner
Within a reasonable time after the filing
of the PAR and the answers, if any, the commissioner
may:
(a) Reject a par which is timely filed if it is insufficient
or defective, but may provide a specified period of time within
which to perfect the PAR.
(b) Make such investigation of the facts, hold such conferences,
and require the filing of such reports, evidence, affidavits,
or other material relevant to the proceeding as he may deem
necessary or appropriate.
(c) Forward to, or make available for inspection by either
party, any relevant evidence, and afford an opportunity to file
rebuttal thereto.
(d) For good cause shown, accept for filing any papers, other
than a PAR, even though not filed within the time required by
this Part.
(e) Require any person to appear or produce documents, or both,
pursuant to a subpoena issued by the commissioner.
(f) Grant or order a hearing.
Statutory
Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2529.7 on 5/01/87.
9
NYCRR § 2529.8
§ 2529.8 Final determination
by the commissioner
The commissioner, on such terms and
conditions as he determines, shall:
(a) dismiss the PAR if it fails substantially to comply with
the provisions of the RSL or this Code; or
(b) grant or deny the PAR, in whole or in part, or remand the
proceeding to the rent administrator for further action;
The commissioner shall inform all
parties to the PAR of the grounds upon which such
decision is based.
Statutory Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added § 2529.8 on 5/01/87.
9
NYCRR §2529.9
§2529.9 Modification
or revocation of orders by the commissioner
The commissioner, on application of
either party or on his own initiative, and upon
notice to all parties affected, may, prior to
the date that a proceeding for judicial review
has been commenced in the Supreme Court pursuant
to article 78 of the Civil Practice Law and Rules,
issue a superseding order modifying or revoking
any order issued by him under this or any previous
Code where he finds that such order was the result
of illegality, irregularity in vital matters or
fraud.
Statutory
Authority:
Civil Practice Law & Rules,
§ Art. 78, N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added §2529.9 on 5/01/87.
9
NYCRR § 2529.10
§2529.10 Pending PAR
proceedings
Unless undue hardship or prejudice
would result therefrom, this Code shall apply
to any PAR proceeding pending before the DHCR
commenced on or after April 1, 1984; or where
a provision of this Code is amended, or an applicable
statute is enacted or amended during the pendency
of a PAR, the determination shall be in accordance
with the changed provision.
Statutory
Authority:
N.Y.C. Administrative Code, §§
26-511(b), 26-518(a)
History:
Added §2529.10 on 5/01/87.
9
NYCRR §2529.11
§2529.11 Time within
which the commissioner shall take final action
If the commissioner does not act
finally within a period of 90 days after a
PAR is filed, or within such extended period
as provided for herein, the PAR may be "deemed
denied" by the petitioner for the purpose
of commencing a proceeding pursuant to section
2530.1 of this Title. The commissioner may,
however, grant one such extension, not to
exceed 30 days, with the consent of the party
filing the PAR; any further extension may
only be granted with the consent of all parties
to the PAR. Unless a proceeding for judicial
review pursuant to article 78 of the Civil
Practice Law and Rules has been commenced,
the commissioner shall determine a PAR notwithstanding
that such 90- day or extended period has elapsed.
Statutory
Authority:
Civil Practice Law & Rules,
§ Art. 78, N.Y.C. Administrative Code,
§§ 26-511(b), 26-518(a)
History:
Added § 2529.11 on 5/01/87.
9
NYCRR §2529.12
§ 2529.12 Stays
The filing of a PAR against
an order, other than an order adjusting,
fixing or establishing the legal regulated
rent, shall stay such order until the final
determination of the PAR by the commissioner.
Notwithstanding the above, that portion
of an order fixing a penalty pursuant to
section 2526.1(a) of this Title, that portion
of an order resulting in a retroactive rent
abatement pursuant to section 2523.4 of
this Title, that portion of an order resulting
in a retroactive rent decrease pursuant
to section 2522.3 of this Title, and that
portion of an order resulting in a retroactive
rent increase pursuant to section 2522.4(a)(2),
(3), (b) and (c) of this Title, shall also
be stayed by the timely filing of a PAR
against such orders until 60 days have elapsed
after the determination of the PAR by the
commissioner. However, an order granting
a rent adjustment pursuant to section 2522.4(a)(2)
of this Title, against which there is no
PAR filed by a tenant that is pending, shall
not be stayed. Nothing herein contained
shall limit the commissioner from granting
or vacating a stay under appropriate circumstances,
on such terms and conditions as the commissioner
may deem appropriate.
Statutory
Authority:
N.Y.C. Administrative Code,
§§ 26-511(b), 26-518(a)
History:
Added § 2529.12 on 5/01/87;
amended § 2529.12 on 12/20/00.
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