New York Rent Laws
CRRL Table of Contents
The City Rent and Rehabilitation Law [CRRL]
§ 26-410. Procedure.
a. After the issuance of any regulation or order by the city
rent agency, any person subject to any provision of such
regulation or order may, in accordance with regulations to
be prescribed by such agency, file a protest against such
regulation or order specifically setting forth his or her
objections to any such provisions and affidavits or other
written evidence in support of such objections. Statements
in support of any such regulation or order may be received
and incorporated in the record of the proceedings at such
times and in accordance with such regulations as may be
prescribed by such agency. Within a reasonable time after
the filing of any protest under this section, such agency
shall either grant or deny such protest in whole or in part,
notice such protest for hearing, or provide an opportunity
to present further evidence in connection therewith. In the
event that such agency denies any such protest in whole or
in part, it shall inform the protestant of the grounds upon
which such decision is based, and of any economic data and
other facts of which it has taken official notice.
b. In the administration of this chapter, the city rent agency
may take official notice of economic data and other facts,
including facts found by it as a result of action taken
under section 26-405 of this chapter.
c. Any proceedings under this section may be limited by the
city rent agency to the filing of affidavits, or other
written evidence, and the filing of briefs, except that no
multiple-tenant initiated proceeding for the reduction of
rents in a building may be determined without a hearing.
d. Any protest filed under this section shall be granted or
denied by the city rent agency, or granted in part and the
remainder of it denied, within a reasonable time after it is
filed. If such agency does not act finally within a period
of ninety days after the protest is filed, the protest shall
be deemed to be denied. However, such agency may grant one
extension not to exceed thirty days with the consent of the
party filing such protest; any further extension may only be
granted with the consent of all parties to the protest. No
proceeding may be brought pursuant to article seventy-eight
of the civil practice law and rules to challenge any order
or determination which is subject to such protest unless
such review has been sought and either (1) a determination
thereon has been made or (2) the ninety-day period provided
for determination of the protest (or any extension thereof)
has expired. If such agency does not act finally within a
period of ninety days after the entry of an order of remand
to such agency by the court in a proceeding instituted
pursuant to subdivision eight of section one of the state
enabling act or section 26-411 of this chapter, the order
previously made by such agency shall be deemed reaffirmed.
However, such agency may grant one extension not to exceed
thirty days with the consent of the petitioner; any further
extension may only be granted with the consent of all
parties to the petition.
e. The city rent agency shall compile and make available for
public inspection at reasonable hours at its principal
office and at each appropriate local office a copy of each
decision rendered by it upon granting, or denying, in whole
or in part, any protests filed under this section and shall
have available at each appropriate local office a register
of properties concerning which a vacate order was issued by
a city department having jurisdiction or proceedings have
been brought to determine whether any housing accommodations
therein became vacant as a result of conduct proscribed by
subdivision d of section 26-412 of this chapter.
Added by Laws 1985, Ch. 907, § 1, eff. Sept. 1, 1986.
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