New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
Mario M. Cuomo, Governor
Donald M. Halperin, Commissioner
Joseph A. D'Agosta, Deputy Commissioner for Rent Administration
OPERATIONAL BULLETIN NO. 84-1 (JUNE 1984)
NEW PROCEDURES FOR INSTITUTING A PROCEEDING FOR ADMINISTRATIVE
REVIEW OF AN ORDER ISSUED BY A DISTRICT RENT ADMINISTRATOR
Section YY51-6.0.5 of the Rent Stabilization Law, Section 12 of
Chapter 576, L. 1974, Section Y51-8.0 of the Administrative Code
of the City of New York and Section 8(4) Chapter 274, L. 1946, as
amended by Chapter 102, L. 1984, authorizes the Division of
Housing and Community Renewal to provide by regulation for
administrative review of all orders and determinations issued by
it pursuant to the Rent Stabilization Law. It also provides that
the filing of an administrative review proceeding is a
prerequisite to obtaining judicial review of an order issued by
the Commissioner. Based upon the foregoing and to insure
uniformity of treatment, instituting a proceeding for
administrative review of the District Rent Administrator's order
will now be governed by the following new procedures:
Any person aggrieved by an order issued by a District Rent
Administrator may file a petition for administrative review
(PAR) to the Commissioner.
A joint PAR, verified by each person joining therein, may be
filed by two or more landlords or tenants, where at least
one ground is common to all persons so filing At the
Commissioner's discretion. the PAR may be treated as joint
or several.
At the Commissioner's discretion, two or more PAR's which
have at least one ground in common may be consolidated.
A PAR against an order of a District Rent Administrator must
be filed with the Commissioner within thirty-three days
after the date such order is issued. A PAR served by mail,
postmarked not more than thirty-three days after the date of
such order, shall be deemed timely filed.
REVISION 10/84
A person aggrieved by an order issued by the District Rent
Administrator may file a PAR against such order on a form
prescribed by the Commissioner or on a reasonable facsimile
thereof. Such forms are available at the District Rent Offices
and at the Office of Rent Administration, 10 Columbus Circle, New
York, New York 10019.
Each PAR shall be filed in an original and one copy at the
Division of Housing and Community Renewal, Office of Rent
Administration, 10 Columbus Circle. New York, New York 10019,
unless otherwise provided on the form prescribed by the
Commissioner for such PAR.
Where the PAR is against an order issued by the District Rent
Administrator, a copy of the PAR shall also be served on the
District Rent Administrator issuing the order and upon each party
affected by the PAR.
A PAR will not be accepted for filing unless accompanied by an
affidavit or other proof of service upon the District Rent
Administrator and each party affected by the PAR.
Any person served with a PAR may, within fifteen days from the
date of service, file a verified answer thereto, by filing the
same with the Commissioner, together with proof of service of a
copy thereof upon the party filing the PAR. At the Commissioner's
discretion, and for good cause shown, the time within which to
answer may be extended.
Within a reasonable time after the filing of the PAR and the
answer, if any, the Commissioner may.
(a) Reject the PAR if it is insufficient or defective.
(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
the Commissioner may deem necessary or appropriate to
determine whether the District Rent Administrator's order is
correct.
(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 filling any papers, even
though not timely filed.
(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.
The Commissioner, on such terms and conditions as may be
determined, may:
(a) Dismiss the PAR if it fails substantially to comply with the
provisions of this Operational Bulletin.
(b) Grant or deny PAR, in whole or in part, or remand the
proceeding to the District Rent Administrator for further
action.
(c) In the event that the Commissioner grants or denies any such
PAR in whole or in part, the Commissioner shall inform all
parties of the grounds upon which such decision is based.
Where a relevant statute or regulation is amended during the
pendancy of a PAR, the determination shall be in accordance with
the amended law or regulation.
If the Commissioner does not act finally within a period of
ninety days after a PAR is filed, or within such extended period
as may be fixed by the Commissioner, the PAR shall be deemed to
be denied. The Commissioner may, however, grant one such
extension not to exceed thirty 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.
The filing of a PAR against an order, other than an order
adjusting, fixing or establishing a maximum rent, within thirty-
three days after the date of the issuance of such order shall
stay such order until the final determination of the PAR by the
Commissioner. On application by an aggrieved party, the
Commissioner, at the Commissioner's discretion, may stay any
other order on such terms and conditions as the Commissioner may
determine during the pendancy of the PAR. However, nothing herein
contained shall limit the Commissioner from granting or vacating
a slay under appropriate circumstances.
The filing and determination of a PAR is a prerequisite to
obtaining judicial review of any order or determination issued by
a District Rent Administrator. A proceeding for judicial review
may be instituted under Article 78 of the Civil Practice Law and
Rules provided the petition in the Supreme Court is filed within
sixty days after the issuance date of the order of the
Commissioner. Service of the petition upon the Division of
Housing and Community Renewal shall be made by leaving a copy
thereof with Counsel's Office at the Division's Principal Office
located at 2 World Trade Center, New York, New York City. In
addition, the Attorney General must be served at 2 World Trade
Center, New York City.
The Commissioner, on application of either party or on the
Commissioner's 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, modify, supersede
or revoke any order issued by the Commissioner under these or
previous Regulations where the Commissioner finds that such order
was the result of illegality, irregularity in vital matters, or
fraud. Where an order is modified, superseded or revoked by the
Commissioner, the Commissioner may also direct appropriate rent
adjustments to be made in accordance with the order issued.
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DHCR Operational Bulletins are issued by the New York State
Division of Housing and Community Renewal (DHCR) and update
agency administration of the rent laws.
Electronic versions of the 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 is advised to obtain true copies of
these documents from DHCR. Also see DHCR Policy Statements,
DHCR Advisory Opinions, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.
Every attempt has been made to conform to the original Operational
Bulletins 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
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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
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