George E. Pataki, Governor                     Joseph H. Holland, Commissioner

                     A publication of New York State
                Division of Housing and Community Renewal
                      Office of Rent Administration


        Fact Sheet #18 - Appealing a Rent Administrator's Order:
                   Petition for Administrative Review
                             [Revised 2/96]

     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 Floor, 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 New York City 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.

For more information or assistance, call the DHCR Rent InfoLine,
(718) 739-6400, or visit your Borough or County Rent Office.


Central
92-31 Union Hall Street
4th Floor
Jamaica, NY 11433
(718) 739-6400

Brooklyn
250 Schermerhorn Street
3rd Floor
Brooklyn, NY 11201

Upper Manhattan
163 W. 125th Street
5th Floor
New York, NY 10027
North side of 110th St. and above

Nassau County
50 Clinton Street
6th Floor
Hempstead, NY 11550

Westchester County
55 Church Street
White Plains, NY 10601

Lower Manhattan
156 William Street
9th Floor
New York, NY 10038
South side of 110th St. and below

Bronx
1 Fordham Plaza
2nd Floor
Bronx, NY 10458

Staten Island
60 Bay Street
7th Floor
Staten Island, NY 10301

Rockland County
94-96 North Main Street
Spring Valley, NY 10977



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