New York Rent Laws
EHRCL Table of Contents

The Local Emergency Housing Rent Control Act [1962]

Section 8.  JUDICIAL REVIEW.

Any person who is aggrieved by the final determination of the
city housing rent agency in an administrative proceeding
protesting a regulation or order of such agency may, in
accordance with article seventy-eight of the civil practice law
and rules, within sixty days after such determination, file a
petition with the supreme court specifying his objections and
praying that the regulation or order protested be enjoined or set
aside in whole or in part. Such proceeding may at the option of
the petitioner be instituted in the county where the city housing
rent agency has its principal office or where the property is
located. A copy of such petition shall forthwith be served on the
city housing rent agency, and the city housing rent agency shall
file with such court the original or a transcript of such
portions of the proceedings in connection with the determination
as are material under the petition. Such return shall include a
statement setting forth, so far as practicable, the economic data
and other facts of which the city housing rent agency has taken
official notice. Upon the filing of such petition the court shall
have jurisdiction to set aside the regulation or order protested,
in whole or in part, to dismiss the petition, or to remit the
proceeding to the city housing rent agency; provided, however,
that the regulation or order may be modified or rescinded by the
city housing rent agency at any time notwithstanding the pendency
of such proceeding for review. No objection to such regulation or
order, and no evidence in support of any objection thereto, shall
be considered by the court, unless such objection shall have been
presented to the city housing rent agency by the petitioner in
the proceedings resulting in the determination or unless such
evidence shall be contained in the return. If application is made
to the court by either party for leave to introduce additional
evidence which was either offered and not admitted, or which
could not reasonably have been offered or included in such
proceedings before the city housing rent agency, and the court
determines that such evidence should be admitted, the court shall
order the evidence to be presented to the city housing rent
agency. The city housing rent agency shall promptly receive the
same, and such other evidence as the city housing rent agency
deems necessary or proper, and thereupon the city housing rent
agency shall file with the court the original or a transcript
thereof and any modification made in such regulation or order as
a result thereof; except that on request by the city housing rent
agency, any such evidence shall be presented directly to the
court. Upon final determination of the proceeding before the
court, the original record, if filed by the city housing rent
agency with the court, shall be returned to the city housing rent
agency.

No regulation or order of the city housing rent agency shall be
enjoined or set aside, in whole or in part, unless the petitioner
shall establish to the satisfaction of the court that the
regulation or order is not in accordance with law, or is
arbitrary or capricious. The effectiveness of an order of the
court enjoining or setting aside, in whole or in part, any such
regulation or order shall be postponed until the expiration of
thirty days from the entry thereof. The jurisdiction of the
supreme court shall be exclusive and its order dismissing the
petition or enjoining or setting aside such regulation or order,
in whole or in part, shall be final, subject to review by the
appellate division of the supreme court and the court of appeals
in the same manner and form and with the same effect as provided
in the civil practice act for appeals from a final order in a
special proceeding. Notwithstanding any provision of section
thirteen hundred four of the civil practice act to the contrary,
any order of the court remitting the proceeding to the city
housing rent agency may, at the election of the city housing rent
agency, be subject to review by the appellate division of the
supreme court and the court of appeals in the same manner and
form and with the same effect as provided in the civil practice
act for appeals from a final order in a special proceeding. All
such proceedings shall be heard and determined by the court and
by any appellate court as expeditiously as possible and with
lawful precedence over other matters. All such proceedings for
review shall be heard on the petition, transcript and other
papers, and on appeal shall be heard on the record, without
requirement of printing.

Within thirty days after arraignment, or such additional time as
the court may allow for good cause shown, in any criminal
proceeding, and within five days after judgment in any civil or
criminal proceeding, brought pursuant to subdivision ten of this
section involving alleged violation of any provision of any
regulation or order of the city housing rent agency, the
defendant may apply to the court in which the proceeding is
pending for leave to file in the supreme court a petition setting
forth objections to the validity of any provision which the
defendant is alleged to have violated or conspired to violate.
The court in which the proceeding is pending shall grant such
leave with respect to any objection which it finds is made in
good faith and with respect to which it finds there is reasonable
and substantial excuse for the defendant's failure to present
such objection in an administrative proceeding before the city
housing rent agency. Upon the filing of a petition pursuant to
and within thirty days from the granting of such leave, the
supreme court shall have jurisdiction to enjoin or set aside in
whole or in part the provision of the regulation or order
complained of or to dismiss the petition. The court may authorize
the introduction of evidence, either to the city housing rent
agency or directly to the court, in accordance with the first
paragraph of this subdivision. The provisions of the second
paragraph of this subdivision shall be applicable with respect to
any proceedings instituted in accordance with this paragraph.

In any proceeding brought pursuant to subdivision ten of this
section involving an alleged violation of any provision of any
such regulation or order, the court shall stay the proceeding:

(1)  during the period within which a petition may be filed in
     the supreme court pursuant to leave granted under the third
     paragraph of this subdivision with respect to such
     provision;

(2)  during the pendency of any administrative proceeding before
     the city housing rent agency properly commenced by the
     defendant prior to the institution of the proceeding under
     subdivision ten of this section, setting forth objections to
     the validity of such provision which the court finds to have
     been made in good faith; and

(3)  during the pendency of any judicial proceeding instituted by
     the defendant under this subdivision with respect to such
     administrative proceeding or instituted by the defendant
     under the third paragraph of this subdivision with respect
     to such provision, and until the expiration of the time
     allowed in this subdivision for the taking of further
     proceedings with respect thereto.

     Notwithstanding the provisions of the immediately preceding
     paragraph, stays shall be granted thereunder in civil
     proceedings only after judgment and upon application made
     within five days after judgment. Notwithstanding the
     provisions of the third paragraph of this subdivision, in
     the case of a proceeding under the first paragraph of
     subdivision ten of this section the court granting a stay
     under the immediately preceding paragraph of this
     subdivision shall issue a temporary injunction or
     restraining order enjoining or restraining, during the
     period of the stay, violations by the defendant of any
     provision of the regulation or order involved in the
     proceeding. If any provision of a regulation or order is
     determined to be invalid by judgment of the supreme court
     which has become effective in accordance with the second
     paragraph of this subdivision, any proceeding pending in any
     court shall be dismissed, and any judgment in such
     proceeding vacated, to the extent that such proceeding or
     judgment is based upon violation of such provision. Except
     as provided in this paragraph, the pendency of any
     administrative proceeding before the city housing rent
     agency or judicial proceeding under this subdivision shall
     not be grounds for staying any proceeding brought pursuant
     to subdivision ten of this section; nor, except as provided
     in this paragraph, shall any retroactive effect be given to
     any judgment setting aside a provision of a regulation or
     order.

The method prescribed herein for the judicial review of a
regulation or order of the city housing rent agency shall be
exclusive.