New York Rent Laws
CRRL Table of Contents

The City Rent and Rehabilitation Law [CRRL]

26-410. Procedure. a. After the issuance of any regulation or order by the city rent agency, any person subject to any provision of such regulation or order may, in accordance with regulations to be prescribed by such agency, file a protest against such regulation or order specifically setting forth his or her 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 such agency. Within a reasonable time after the filing of any protest under this section, such agency 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 such agency denies any such protest in whole or in part, it shall inform the protestant of the grounds upon which such decision is based, and of any economic data and other facts of which it has taken official notice. b. In the administration of this chapter, the city rent agency may take official notice of economic data and other facts, including facts found by it as a result of action taken under section 26-405 of this chapter. c. Any proceedings under this section may be limited by the city rent agency to the filing of affidavits, or other written evidence, and the filing of briefs, except that no multiple-tenant initiated proceeding for the reduction of rents in a building may be determined without a hearing. d. Any protest filed under this section shall be granted or denied by the city rent agency, or granted in part and the remainder of it denied, within a reasonable time after it is filed. If such agency does not act finally within a period of ninety days after the protest is filed, the protest shall be deemed to be denied. However, such agency 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 such agency does not act finally within a period of ninety days after the entry of an order of remand to such agency by the court in a proceeding instituted pursuant to subdivision eight of section one of the state enabling act or section 26-411 of this chapter, the order previously made by such agency shall be deemed reaffirmed. However, such agency 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. e. The city rent agency 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 rendered by it upon granting, or denying, in whole or in part, any protests filed under this section and shall have available at each appropriate local office a register of properties concerning which a vacate order was issued by a city department having jurisdiction or proceedings have been brought to determine whether any housing accommodations therein became vacant as a result of conduct proscribed by subdivision d of section 26-412 of this chapter. Added by Laws 1985, Ch. 907, 1, eff. Sept. 1, 1986.


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