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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