PART 2527 -- PROCEEDINGS BEFORE THE DHCR
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TABLE OF CONTENTS
Section 2527.1. Proceedings instituted by owner or tenant.
2527.2. Proceedings instituted by the DHCR.
2527.3. Notice to the parties affected.
2527.4. Answer.
2527.5. Preliminary action by the DHCR
2527.6. Determination.
2527.7. Pending proceedings.
2527.8. Modification or revocation of orders.
2527.9. When a notice or paper shall be deemed
served.
2527.10. Amendments to complaint or application.
2527.11. Advisory opinions and Operational Bulletins.
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Sec. 2527.1. PROCEEDINGS INSTITUTED BY OWNER OR TENANT.
A proceeding is instituted by an owner or a tenant with the
filing of an application or complaint for adjustment of rent, or
for other relief provided by the RSL or this Code. Such
application or complaint shall be verified or affirmed by the
applicant or complainant and filed upon the appropriate form
prescribed by the DHCR.
Sec. 2527.2. PROCEEDINGS INSTITUTED BY THE DHCR.
The DHCR may institute a proceeding on its own initiative
whenever the DHCR deems it necessary or appropriate pursuant to
the RSL or this Code.
Sec. 2527.3. NOTICE TO THE PARTIES AFFECTED.
(a) Where the application or complaint or any answer or reply
thereto is made by an owner or tenant, the DHCR shall serve
all parties adversely affected thereby with a copy of such
application, complaint, answer or reply.
(b) Where the proceeding is instituted by the DHCR, it shall
forward to all parties affected thereby a notice setting
forth the proposed action.
(c) Except where an attorney or other authorized representative
appears for the owner, any notice, order or other process or
paper, directed to the person named in the last filed
registration statement as the owner at the address given
therein, or where a notice of change in identity has been
filed, to the person named as owner and at the address given
in the most recent such notice, shall constitute notice to
the person who is then the owner. In addition thereto, the
DHCR shall also serve all parties at the address specified
on the application or complaint.
Sec. 2527.4. ANSWER.
A person who has been served with a notice of a proceeding
accompanied by an application or complaint shall have no less
than 20 days from the date of mailing in which to answer or
reply, except that in exceptional circumstances, the DHCR may
require a shorter period. Every answer or reply shall be verified
or affirmed, and an original and one copy shall be filed with the
DHCR.
Sec. 2527.5. PRELIMINARY ACTION BY THE DHCR.
At any stage of a proceeding the DHCR may:
(a) reject the application or complaint if it is insufficient or
defective;
(b) make investigations of the facts, conduct inspections, hold
conferences, and require the filing of reports, evidence,
affidavits, or other material relevant to the proceeding;
(c) forward to or make available for inspection by either party
any relevant evidence, and afford an opportunity to file a
rebuttal thereto;
(d) for good cause shown, except where prohibited by the RSL,
accept for filing any papers, even though not filed within
the time required by this Code;
(e) require any person to appear or produce documents or both
pursuant to subpoena issued by the DHCR;
(f) consolidate two or more applications, complaints, or
proceedings which have at least one ground in common;
(g) forward to any party a notice of action proposed to be
taken;
(h) grant or order a hearing;
(i) on its own initiative or upon application of any affected
owner or tenant, consolidate proceedings applicable to the
same building or group of buildings or development,
notwithstanding that the housing accommodations affected may
be subject to different regulations; in any such
consolidated proceedings the determination with respect to
any housing accommodation shall be made in accordance with
the appropriate law or regulation applicable to such
accommodations. Proceedings once consolidated may be severed
for good cause shown;
(j) On its own initiative, or at the request of a court of
competent jurisdiction, or for good cause shown upon
application of any affected party, expedite the processing
of a matter; or
(k) sever issues within a proceeding for purposes of issuing an
Order and Determination with respect to certain issues while
reserving other issues for subsequent determination.
Sec. 2527.6. DETERMINATION.
The DHCR, on such terms and conditions as it shall determine,
may:
(a) dismiss the application or complaint if it fails to
substantially comply with the provisions of the RSL or this
Code;
(b) grant or deny the application or complaint in whole or in
part;
(c) issue an appropriate order in a proceeding instituted on
DHCR's own initiative;
(d) issue conditional or provisional orders as may be deemed
appropriate under the circumstances. A copy of any order
issued shall be forwarded to all parties to the proceeding
by the DHCR as the DHCR directs.
Notwithstanding any other provision of this Code, no order shall
be deemed final and binding for purposes of judicial review
except in accordance with Part 2529 of this Title.
Sec. 2527.7. PENDING PROCEEDINGS.
Except as otherwise provided herein, unless undue hardship or
prejudice results therefrom, this Code shall apply to any
proceeding pending before the DHCR, which proceeding 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 tendency of a proceeding, the determination shall be made in
accordance with the changed provision.
Sec. 2527.8. MODIFICATION OR REVOCATION OF ORDERS.
The DHCR, on application of either party, or on its own
initiative, and upon notice to all parties affected, may issue a
superseding order modifying or revoking any order issued by it
under this or any previous Code where the DHCR finds that such
order was the result of illegality, irregularity in vital matters
or fraud
Sec. 2527.9. WHEN A NOTICE OR PAPER SHALL BE DEEMED SERVED.
(a) Except as otherwise provided by section 2529.2 of this
Title, notices, orders, answers and other papers may be
served personally or by mail. When service, other than by
the DHCR, is made personally or by mail, an affidavit by the
person making the service or mailing shall constitute
sufficient proof of service. When service is by registered
or certified mail, the stamped post-office receipt shall
constitute sufficient proof of service. Once sufficient
proof of service has been submitted to the DHCR, the burden
of proving nonreceipt shall be on the party denying receipt.
(b) Where a notice of appearance has been filed by an attorney,
in accordance with section 2523.6 of this Title, service on
the attorney shall be deemed proper service as if made on
the party or parties represented.
Sec. 2527.10. AMENDMENTS TO COMPLAINT OR APPLICATION.
(a) Right to amend. The DHCR may authorize an amendment to a
complaint or application at any time on good cause shown,
except that an applicant or complainant shall have the right
to amend the application or complaint in writing prior to
the time within which an answer may be filed.
(b) Service. Any amendment to an application or complaint shall
be served upon all affected parties in the same manner as
the original application or complaint.
(c) Amended answer or reply. When an application or complaint is
amended after an answer has been filed, all affected parties
may file an amended answer or reply within the time provided
for the answer or reply.
Sec. 2527.11. ADVISORY OPINIONS AND OPERATIONAL BULLETINS.
(a) The DHCR may render advisory opinions as to the DHCR's
interpretation of the RSL, this Code or procedures, on the
DHCR's own initiative or at the request of a party.
(b) In addition to the advisory opinion issued under subdivision
(a) of this section, the DHCR may take such other required
and appropriate action as it deems necessary for the timely
implementation of the RSL and this Code, and for the
preservation of regulated rental housing in accordance with
section 2520.3 of this Title. Such other action may include
the issuance and updating of schedules, forms, instructions,
and the official interpretative opinions and explanatory
statements of general policy of the commissioner, including
Operational Bulletins, with respect to the RSL and this
Code.