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
2530. Judicial Review
9
NYCRR Part 2530 Notes
Statutory Authority: N.Y.C.
Administrative Code, §§ 26-511(b), 26-518(a). Added
Part 2530 on 5/01/87.
9
NYCRR § 2530.1
§ 2530.1 Commencement of proceeding
A proceeding for judicial review pursuant to article 78 of the Civil
Practice Law and Rules may be instituted only to review a final
order of the DHCR pursuant to section 2526.2(c)(2) of this Title;
or to review a final order of the commissioner pursuant to section
2529.8 of this Title; or after the expiration of the 90-day or extended
period within which the commissioner may determine a PAR pursuant
to section 2529.11 of this Title, and which, therefore, may be "deemed
denied" by the petitioner. The petition for judicial review
shall be brought in the Supreme Court in the county in which the
subject housing accommodation is located and shall be served upon
the DHCR and the Attorney General. A proceeding for judicial review
of an order issued pursuant to section 2526.2(c)(2) or section 2529.8
of this Title shall be brought within 60 days after the issuance
of such order. A party aggrieved by a PAR order issued after the
90-day or extended period of time within which the petitioner could
deem his or her petition "denied" pursuant to section
2529.11 of this Title, shall have 60 days from the date of such
order to commence a proceeding for judicial review, notwithstanding
that 60 days have elapsed after such 90- day or extended "deemed
denial" period has expired. Service of the petition upon the
DHCR shall be made by either:
(a) personal delivery of the notice of petition and petition to
Counsel's Office at the DHCR's office, 25 Beaver Street, New York,
NY 10004, or such other address as may be designated by the commissioner,
and delivering a copy thereof to an Assistant Attorney General at
an office of the New York State Attorney General within the State;
or
(b) by such other method as is authorized by the Civil Practice
Law and Rules.
Statutory Authority:
Civil Practice Law & Rules, § A78, N.Y.C. Administrative
Code, §§ 26-511(b), 26-518(a)
History:
Added § 2530.1 on 5/01/87; amended § 2530.1
on 12/20/00.
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