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State of New York Codes, Rules and Regulations (NYCRR)
Title 9. Executive Department
Subtitle S. Division of Housing and Community Renewal
Chapter VIII. Rent Stabilization Regulations
Subchapter B. Rent Stabilization Code

Part 2529. Administrative Review
2529.1 Persons who may file
2529.2 Time for filing a PAR
2529.3 Form and content of a PAR
2529.4 Service and filing of a PAR
2529.5 Time of filing an answer to a PAR
2529.6 Scope of Review
2529.7 Action by commissioner
2529.8 Final determination by the commissioner
2529.9 Modification or revocation of orders by the commissioner
2529.10 Pending PAR proceedings
2529.11 Time within which the commissioner shall take final action
2529.12 Stays



9 NYCRR Part 2529 Notes

Statutory Authority: N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a). Added Part 2529 on 5/01/87.

9 NYCRR § 2529.1

§ 2529.1  Persons who may file

(a) A petition for administrative review (PAR) of an order issued by a rent administrator may be filed by a party to the proceeding, or other necessary party, in the manner provided in this Part, where such petition alleges the errors upon which such order is based.

(b)

(1) A joint PAR, verified or affirmed by each person joining therein, may be filed by two or more owners or tenants, where at least one ground is common to all persons so filing. The commissioner, in his discretion, may treat such PAR as joint or several.

(2) A PAR may also be filed by a representative of a party, including an attorney at law, provided that said representative duly verifies or affirms the PAR and provided that such representative includes, at the time of the filing of the PAR, written evidence of authorization to act in such representative capacity for the purpose of filing the PAR.

(c) The commissioner may, in his discretion, consolidate two or more PAR's which have at least one ground in common.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.1 on 5/01/87.

9 NYCRR § 2529.2

§ 2529.2  Time for filing a PAR

A PAR against an order of a rent administrator must be filed in person, by mail, or otherwise as provided by operational bulletin, with the DHCR within 35 days after the date such order is issued. A PAR served by mail must be postmarked not more than 35 days after the date of such order, to be deemed timely filed. If the prepaid postage on the envelope in which the PAR is mailed is by private postage meter, and the envelope does not have an official U.S. Postal Service postmark, then the PAR will not be considered timely filed unless received within the aforementioned 35 days or the petitioner submits other adequate proof of mailing within said 35 days, such as an official Postal Service receipt or certificate of mailing.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.2 on 5/01/87; amended 2529.2 on 12/20/00.

9 NYCRR § 2529.3

§ 2529.3  Form and content of a PAR

A PAR may be filed only on a form prescribed by the DHCR, which shall be verified or affirmed by the party filing same, or his or her duly designated representative, and which shall have attached thereto a complete copy of the order to be reviewed.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.3 on 5/01/87.

9 NYCRR § 2529.4

§ 2529.4  Service and filing of a PAR

(a) Each PAR shall be filed in an original and one copy at the Division of Housing and Community Renewal, Office of Rent Administration, 92-31 Union Hall Street, Jamaica, NY 11433, unless otherwise provided on the form prescribed by the commissioner for such PAR.

(b) A copy of the PAR shall be served by the DHCR upon the adverse party.

(c) A PAR will not be accepted for filing unless accompanied by a complete copy of the order to be reviewed.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.4 on 5/01/87.

9 NYCRR § 2529.5

§ 2529.5  Time of filing an answer to a PAR

Any person served with a PAR as provided in section 2529.4(b) of this Part, may, within 20 days from the date of mailing of a copy of the PAR by the DHCR pursuant to section 2529.4(b), file a verified or affirmed answer thereto, by filing the same with the DHCR. A copy of such answer to the PAR shall be served by the DHCR upon the adverse party. The commissioner may, in his discretion, and for good cause shown, extend the time within which to answer.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.3 on 5/01/87.

9 NYCRR § 2529.6

§ 2529.6  Scope of review

Review pursuant to this Part shall be limited to facts or evidence before a rent administrator as raised in the petition. Where the petitioner submits with the petition certain facts or evidence which he or she establishes could not reasonably have been offered or included in the proceeding prior to the issuance of the order being appealed, the proceeding may be remanded for redetermination to the rent administrator to consider such facts or evidence.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.6 on 5/01/87.

9 NYCRR § 2529.7

§ 2529.7  Action by commissioner

Within a reasonable time after the filing of the PAR and the answers, if any, the commissioner may:

(a) Reject a par which is timely filed if it is insufficient or defective, but may provide a specified period of time within which to perfect the PAR.

(b) Make such investigation of the facts, hold such conferences, and require the filing of such reports, evidence, affidavits, or other material relevant to the proceeding as he may deem necessary or appropriate.

(c) Forward to, or make available for inspection by either party, any relevant evidence, and afford an opportunity to file rebuttal thereto.

(d) For good cause shown, accept for filing any papers, other than a PAR, even though not filed within the time required by this Part.

(e) Require any person to appear or produce documents, or both, pursuant to a subpoena issued by the commissioner.

(f) Grant or order a hearing.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.7 on 5/01/87.

9 NYCRR § 2529.8

§ 2529.8  Final determination by the commissioner

The commissioner, on such terms and conditions as he determines, shall:

(a) dismiss the PAR if it fails substantially to comply with the provisions of the RSL or this Code; or

(b) grant or deny the PAR, in whole or in part, or remand the proceeding to the rent administrator for further action;

The commissioner shall inform all parties to the PAR of the grounds upon which such decision is based.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.8 on 5/01/87.

9 NYCRR §2529.9

§2529.9  Modification or revocation of orders by the commissioner

The commissioner, on application of either party or on his own initiative, and upon notice to all parties affected, may, prior to the date that a proceeding for judicial review has been commenced in the Supreme Court pursuant to article 78 of the Civil Practice Law and Rules, issue a superseding order modifying or revoking any order issued by him under this or any previous Code where he finds that such order was the result of illegality, irregularity in vital matters or fraud.

Statutory Authority:
Civil Practice Law & Rules, § Art. 78, N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added §2529.9 on 5/01/87.

9 NYCRR § 2529.10

§2529.10  Pending PAR proceedings

Unless undue hardship or prejudice would result therefrom, this Code shall apply to any PAR proceeding pending before the DHCR commenced on or after April 1, 1984; or where a provision of this Code is amended, or an applicable statute is enacted or amended during the pendency of a PAR, the determination shall be in accordance with the changed provision.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added §2529.10 on 5/01/87.

9 NYCRR §2529.11

§2529.11  Time within which the commissioner shall take final action

If the commissioner does not act finally within a period of 90 days after a PAR is filed, or within such extended period as provided for herein, the PAR may be "deemed denied" by the petitioner for the purpose of commencing a proceeding pursuant to section 2530.1 of this Title. The commissioner may, however, grant one such extension, not to exceed 30 days, with the consent of the party filing the PAR; any further extension may only be granted with the consent of all parties to the PAR. Unless a proceeding for judicial review pursuant to article 78 of the Civil Practice Law and Rules has been commenced, the commissioner shall determine a PAR notwithstanding that such 90- day or extended period has elapsed.

Statutory Authority:
Civil Practice Law & Rules, § Art. 78, N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.11 on 5/01/87.

9 NYCRR §2529.12

§ 2529.12  Stays

The filing of a PAR against an order, other than an order adjusting, fixing or establishing the legal regulated rent, shall stay such order until the final determination of the PAR by the commissioner. Notwithstanding the above, that portion of an order fixing a penalty pursuant to section 2526.1(a) of this Title, that portion of an order resulting in a retroactive rent abatement pursuant to section 2523.4 of this Title, that portion of an order resulting in a retroactive rent decrease pursuant to section 2522.3 of this Title, and that portion of an order resulting in a retroactive rent increase pursuant to section 2522.4(a)(2), (3), (b) and (c) of this Title, shall also be stayed by the timely filing of a PAR against such orders until 60 days have elapsed after the determination of the PAR by the commissioner. However, an order granting a rent adjustment pursuant to section 2522.4(a)(2) of this Title, against which there is no PAR filed by a tenant that is pending, shall not be stayed. Nothing herein contained shall limit the commissioner from granting or vacating a stay under appropriate circumstances, on such terms and conditions as the commissioner may deem appropriate.

Statutory Authority:
N.Y.C. Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2529.12 on 5/01/87; amended § 2529.12 on 12/20/00.

 

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