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.