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


POLICY STATEMENT (91-5)

LIMITATIONS ON FILING REQUESTS FOR RECONSIDERATION
OF ORDERS ISSUED BY RENT ADMINISTRATORS AND/OR THE COMMISSIONER

This policy statement is being issued to clarify and conform
DHCR's policies with respect to requests for reconsideration of
rent administrator's orders and determinations of Petitions for
Administrative Review under all rent laws administered by the
agency.

The laws provide for appeal of a rent administrator's order
through the timely filing of a Petition for Administrative Review
(PAR).  Petitions for Administrative Review must be filed with
the DHCR within 35 days of the issue date of the rent
administrator's order. A PAR determination, which is a final
order of the Commissioner, may be appealed by petitioning the
court for judicial review, as provided in Article 78 of the Civil
Practice Law and Rules, within 60 days of the issue date of the
PAR determination.

The laws and regulations also permit the DHCR to reconsider a
case on application of either party to a proceeding, or on its
own initiative and upon notice to all affected parties where the
DHCR finds that such order was the result of fraud, illegality or
irregularity in a vital matter.  However, issues not previously
raised in the proceeding will not be entertained on
reconsideration except to the extent that the issue constitutes
new evidence not previously available.

In order to clarify and standardize procedures and time
limitations for requests for reconsideration of DHCR orders
issued under the four rent regulatory laws, the DHCR is adopting
the following policy:

Requests for reconsideration of an order issued by a rent
administrator based on an irregularity in a vital matter must be
served on the DHCR within 95 days of the issue date of the order.
Requests for reconsideration under this circumstance received
more than 95 days from the issue date of the order will
automatically be denied unless the requester can substantiate an
inability to have made the request within the prescribed time
period.  For example, if the DHCR did not properly serve the
order on the affected party within that time period, or new
evidence was discovered which could not have been obtained
earlier.  The request for reconsideration must also contain
sufficient evidence to substantiate the irregularity in a vital
matter which affected the determination.

Requests for reconsideration of a Commissioner's order based on
an irregularity in a vital matter must be made within 60 days of
the issue date of the order unless the requester can substantiate
why he or she could not reasonably have been expected to have
made the request within the prescribed time period.

Requests for reconsideration of orders, issued by rent
administrators or the Commissioner, based on fraud or illegality
are not time limited.  However, the requesting party must specify
the facts and supply documentation as to what constituted the
fraud or the illegality.

A request for reconsideration can not be granted on any grounds
if a party has commenced an Article 78 proceeding to determine
the merits of the Commissioner's order, or if a judgment has been
filed for collection of the award granted in the subject order.

Fraud, illegality and irregularity in a vital matter are defined
as follows:

Fraud - False or misleading information which was known by a
party to be false or misleading and which was relied upon as fact
by the DHCR and affected the Rent Administrator's or
Commissioner's order.

Illegality - An action by DHCR which is contrary to the
principles of law representing a complete defect in the
proceedings.

Irregularity in a vital matter - Failure by the agency to
accurately calculate the rent or penalty, or to comply with
established rules of practice and procedure.

When a request for reconsideration is granted, the case is
reopened and the agency may order a stay of the prior order.  If
a stay is ordered, the conditions will be specified on the notice
of proceeding or order reopening the case, which notice or order
will be served on all parties to the prior order.

The grant or denial of a request for reconsideration is not
subject to appeal within the agency.  An order issued upon
reconsideration, which modifies the substance of a prior order,
has the effect of revoking the prior order to the extent that it
is modified.  The issue date and the effective date are as of the
issuance of the new order.  Therefore, a party may petition for
administrative or judicial review, depending on whether the new
order is issued by a rent administrator or the Commissioner, even
if the time limit for appealing from the old order has expired.

When an order issued after a reconsideration merely corrects a
prior order in a non-substantive area based on a typographical or
clerical error, the issue date and effective date will remain as
stated on the prior order.

A request for reconsideration does not stay the running of the
PAR or Article 78 filing time limitations. Therefore, a request
for reconsideration does not substitute for the filing of a PAR
or Article 78 proceeding.


September 5, l991

Elliot G. Sander
Deputy Commissioner

------------------------------------------------------------
DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.

The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. 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 Advisory Opinions,
DHCR Operational Bulletins, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.

Every attempt has been made to conform to the original Policy
Statements 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
------------------------------------------------------------