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2520 Scope
2521 Legal Rents
2522 Rent Adjustments
2523 Notices and Records
2524 Evictions
2525 Prohibitions
2526 Enforcement
2527 DHCR Proceedings
2528 Registration
2529 Administrative Review
2530 Judicial Review
2531
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 2527. Proceedings Before the DHCR
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



9 NYCRR Part 2527 Notes

Statutory Authority: N.Y.C Administrative Code, §§ 26-511(b), 26-518(a). Added Part 2527 on 5/01/87.

9 NYCRR § 2527.1

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.1 on 5/01/87.

9 NYCRR § 2527.2

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.2 on 5/01/87.

9 NYCRR § 2527.3

§ 2527.3  Notice to the parties affected

(a)

(1) Except as provided in paragraph (2) of this subdivision, 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.

(2) Where an application is filed, pursuant to section 2522.4(a)(2) of this Title, to increase the legal regulated rent, the DHCR shall notify all parties adversely affected thereby that such application has been filed, and shall afford such parties the opportunity to submit written responses thereto. The owner shall maintain a copy of the application, with supporting documentation, on the premises so that tenants may examine it, or in the alternative, a copy of the application, with supporting documentation, shall be made available by the DHCR for tenant examination upon prior request. Tenants' written responses shall be considered by the DHCR prior to a final determination of the application.

(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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.3 on 5/01/87; amended 2527.3 (a) on 12/20/00.

9 NYCRR § 2527.4

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.4 on 5/01/87.

9 NYCRR § 2527.5

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.5 on 5/01/87.

9 NYCRR § 2527.6

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.6 on 5/01/87.

9 NYCRR § 2527.7

§ 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 pendency of a proceeding, the determination shall be made in accordance with the changed provision.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.7 on 5/01/87.

9 NYCRR § 2527.8

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.8 on 5/01/87.

9 NYCRR § 2527.9

§ 2527.9  When a notice or paper shall be deemed served

(a) Notices, orders, answers and other papers may be served personally, by mail, or electronically, as provided in an operational bulletin issued pursuant to section 2527.11 of this Title. Except as otherwise provided by section 2529.2 or Part 2531 of this Title, when service, other than by the DHCR, is made personally or by mail, a contemporaneous affidavit providing dispositive facts 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.9 on 5/01/87; amended 2527.9(a) on 12/20/00.

9 NYCRR § 2527.10

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)
History:
Added § 2527.10 on 5/01/87.

9 NYCRR § 2527.11

§ 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.

Statutory Authority:
N.Y.C Administrative Code, §§ 26-511(b), 26-518(a)

History:
Added § 2527.11 on 5/01/87.

 

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