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High-Income Decontrol
   

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 2530. Judicial Review

9 NYCRR Part 2530 Notes

Statutory Authority: N.Y.C. Administrative Code, 26-511(b), 26-518(a). Added Part 2530 on 5/01/87.

9 NYCRR 2530.1

§ 2530.1  Commencement of proceeding

A proceeding for judicial review pursuant to article 78 of the Civil Practice Law and Rules may be instituted only to review a final order of the DHCR pursuant to section 2526.2(c)(2) of this Title; or to review a final order of the commissioner pursuant to section 2529.8 of this Title; or after the expiration of the 90-day or extended period within which the commissioner may determine a PAR pursuant to section 2529.11 of this Title, and which, therefore, may be "deemed denied" by the petitioner. The petition for judicial review shall be brought in the Supreme Court in the county in which the subject housing accommodation is located and shall be served upon the DHCR and the Attorney General. A proceeding for judicial review of an order issued pursuant to section 2526.2(c)(2) or section 2529.8 of this Title shall be brought within 60 days after the issuance of such order. A party aggrieved by a PAR order issued after the 90-day or extended period of time within which the petitioner could deem his or her petition "denied" pursuant to section 2529.11 of this Title, shall have 60 days from the date of such order to commence a proceeding for judicial review, notwithstanding that 60 days have elapsed after such 90- day or extended "deemed denial" period has expired. Service of the petition upon the DHCR shall be made by either:

(a) personal delivery of the notice of petition and petition to Counsel's Office at the DHCR's office, 25 Beaver Street, New York, NY 10004, or such other address as may be designated by the commissioner, and delivering a copy thereof to an Assistant Attorney General at an office of the New York State Attorney General within the State; or

(b) by such other method as is authorized by the Civil Practice Law and Rules.

Statutory Authority:
Civil Practice Law & Rules, A78, N.Y.C. Administrative Code, 26-511(b), 26-518(a)
History:
Added § 2530.1 on 5/01/87; amended § 2530.1 on 12/20/00.

 

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