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.