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