New York Rent Laws
EHRCL Table of Contents

The Emergency Housing Rent Control Law of 1961 [EHRCL]

Section 8. PROCEDURE. 1. After the issuance of any regulation or order by the commission any person subject to any provision of such regulation or order may, in accordance with regulations to be prescribed by the commission, file a protest against such regulation or order specifically setting forth his objections to any such provisions and affidavits or other written evidence in support of such objections. Statements in support of any such regulation or order may be received and incorporated in the record of the proceedings at such times and in accordance with such regulations as may be prescribed by the commission. Within a reasonable time after the filing of any protest under this subdivision the commission shall either grant or deny such protest in whole or in part, notice such protest for hearing, or provide an opportunity to present further evidence in connection therewith. In the event that the commission denies any such protest in whole or in part, the commission shall inform the protestant of the grounds upon which such decision is based, and of any economic data and other facts of which the commission has taken official notice. 2. In the administration of this act the commission may take official notice of economic data and other facts, including facts found by the commission as a result of action taken under section four. 3. Any proceedings under this section may be limited by the commission to the filing of affidavits, or other written evidence, and the filing of briefs. 4. Any protest filed under this section shall be granted or denied by the commission, or granted in part and the remainder of it denied, within a reasonable time after it is filed. If the commission does not act finally within a period of ninety days after the protest is filed, the protest shall be deemed to be denied. However, the commission may grant one extension not to exceed thirty days with the consent of the party filing such protest; any further extension may only be granted with the consent of all parties to the protest. No proceeding may be brought pursuant to article seventy-eight of the civil practice law and rules to challenge any order or determination which is subject to such protest unless such review has been sought and either (1) a determination thereon has been made or (2) the ninety-day period provided for determination of the protest (or any extension thereof) has expired. If the commission does not act finally within a period of ninety days after the entry of an order of remand to the commission by the court in a proceeding instituted pursuant to section nine, the order previously made by the commission shall be deemed reaffirmed. However, the commission may grant one extension not to exceed thirty days with the consent of the petitioner; any further extension may only be granted with the consent of all parties to the petition. 5. The commission shall compile and make available for public inspection at reasonable hours at its principal office and at each appropriate local office a copy of each decision hereafter rendered by it upon granting, or denying, in whole or in part, any protests filed under this section.


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