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the proceeding to the city housing rent agency; provided, however, that the regulation or order may be modified or rescinded by the city housing rent agency at any time notwithstanding the pendency of such proceeding for review.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.

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