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

------------------------------------------------------------



TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name