DHCR FACT SHEET #18 Division of Housing and Community Renewal APPEALING A RENT ADMINISTRATOR'S ORDER: PETITION FOR ADMINISTRATIVE REVIEW An owner, tenant, or other party aggrieved by a Rent Administrator's order may file a Petition for Administrative Review (PAR) with the NYS Division of Housing and Community Renewal (DHCR). The petition must specify the alleged errors and list the issues upon which the order should be reviewed. The scope of review in the PAR proceeding is generally limited to the facts or evidence presented to the Rent Administrator and raised in the PAR. For rent control cases statewide, and for rent stabilization (ETPA) cases outside of NYC, a PAR must be filed within 33 days after the order was issued. For rent stabilization cases in NYC, the required filing time is within 35 days after the order was issued. DHCR permits an additional two days for rent control and ETPA mailing to create a uniform 35 day period. A PAR must be filed on a Petition for Administrative Review [DHCR form RAR-2] and be completed and signed by the petitioner or a duly designated representative. The form is available at the Office of Rent Administration, 92-31 Union Hall Street 4th Fl. Jamaica, NY and Borough and District Rent Offices. Since the regulations for PARs on rent control, rent stabilization, and ETPA cases may vary, carefully read the appropriate regulations and instructions on the reverse side of the PAR form. The original petition and one copy must be filed in person or by mail. If the PAR is hand-delivered, it must be received within the 35 day filing period for NYC stabilization cases or within 33 days for rent control and ETPA cases. If the PAR is mailed, it must be postmarked within the required filing period. If a private postage meter is used and the envelope does not have an official US Postal Service postmark, the PAR must be received by DHCR within the required time period or must be accompanied by proof that it was mailed within the required time period. PARs received after the time limit will be dismissed. When DHCR receives a completed PAR, the Office of Rent Administration will send a copy to all other affected parties with a form allowing each party to respond to DHCR. DHCR will send these answers to all adversely affected parties. DHCR will then review the PAR and the answers, request additional information as necessary, and make a final determination. DHCR will inform all parties to the PAR on what legal and factual basis the determination was made. The proper filing of a PAR against a RENT ADMINISTRATOR'S ORDER, other than an order adjusting, fixing or establishing the legal regulated rent, stays (freezes) that order until the Commissioner makes a final determination. Where an Administrator's Order provides for an adjustment in rent, the retroactive portion of the adjustment, if any, is generally put on hold but not the prospective portion altering the future rent. On application by an aggrieved party, the Commissioner may stay any other order or vacate an automatic stay. The Commissioner has the right to grant or deny the PAR in whole or in part or even to return the proceeding to the Rent Administrator for further review. Unless DHCR makes a final determination within 90 days (or any extension thereof), the PAR may be "deemed denied" by the petitioner. The petitioner may then file an Article 78 in court within 60 days after the expiration of the 90 day period (or extended period) . The law also permits an Article 78 proceeding within 60 days after DHCR issues a final order. Since DHCR will issue a final PAR order, despite the passage of the 90 day "deemed denial" period (or extension), it may be advisable to wait for that decision explaining the basis for the Order. ------------------------------------------------------------ DHCR Fact Sheets (series of thirty) are issued by the New York State Division of Housing and Community Renewal (DHCR) as plain- english informational publications. For official agency policies, see DHCR Policy Statements, Advisory Opinions and Operational Bulletins. Also refer to the Rent Stabilization Code, the Rent Stabilization Law and various Rent Control Statutes. Electronic versions of these documents on TenantNet are for informational purposes only and there is no guarantee they will be accepted by any court (or even DHCR) as true copies of DHCR policy. The reader may obtain true copies of these documents from DHCR. Every attempt has been made to conform to the original Fact Sheets as issued by DHCR; TenantNet makes no representation the enclosed material is current or will be applied as written. The reader is advised that DHCR often fails to properly apply, interpret or enforce housing laws. Since housing laws are complex and often contradictory, it is recommended the reader obtain competent legal advice from a tenant attorney or counseling from a tenant association or community group. (rev. 3/13/96) DHCR documents are public documents; the electronic version of such documents have been developed by TenantNet and any added value, enhancements and/or proprietary features are copyright 1994, 1995 and 1996 by TenantNet. These documents may be freely distributed provided they remain intact as herein presented, including this and the top informational banner referencing TenantNet as the original provider. ------------------------------------------------------------ For more information or assistance, call the DHCR Rent Infoline at (718) 739-6400, or visit your Borough Rent Office. Queens Central Office 92-31 Union Hall St. 4th Fl. Jamaica, NY 11433 (718) 739-6400 Bronx One Fordham Plaza Bronx, NY 10458 (718) 563-5678 Brooklyn 250 Schermerhorn St. 3rd Floor Brooklyn, NY 11201 (718) 780-9246 Lower Manhattan 156 William Street 9th Floor NY, NY 10038 (212) 240-6011, 6012 South side of 110th St. and below Upper Manhattan 163 W. 125th St. 5th Floor NY, NY 10027 (212) 961-8930 North side of 110th St. and above Staten Island 350 St. Mark's Place Room 105 Staten island, NY 10301 (718) 816-0277 Nassau County District Rent Office 50 Clinton Street, 6th Floor Hempstead, NY 11550 (516) 481-9494 Westchester County District Rent Office 55 Church Street, 3rd Floor White Plains, NY 10601 (914) 948-4434 Rockland County District Rent Office 94-96 North Main St. Spring Valley, NY 10977 (914) 425-6575 Albany Regional Office 119 Washington Avenue Albany, NY 12210 (518) 432-0596 Buffalo Regional Office Ellicot Square Building 295 Main St., Room 438 Buffalo, NY 14203 (716) 856-1382 ------------------------------------------------------------