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Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 2051.1 - Proceedings before the hearings unit

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Preliminary matters.

After a proceeding has been referred for hearing to the hearings unit, a review of the file shall be made to insure that the proceeding was properly instituted and affected parties have received proper notice, with an opportunity to answer, in accordance with the rules governing proceedings before the Division of Housing and Community Renewal (DHCR) as enunciated in the State Rent and Eviction Regulations, the City Rent and Eviction Regulations, and the Tenant Protection Regulations.

(b)Subsequent pleadings - amendments to complaint, application or answer.

(1)Right to amend.

The DHCR or the parties shall have the right reasonably and fairly to amend the complaint, application or answer.

(2)Applicant's right.

(i)The applicant, including a complainant, has the right to amend the proceeding in writing prior to an answer being filed.

(ii)The applicant has the right to amend the complaint or application by addition or deletion in writing after an answer has been filed at the discretion of the DHCR.

(iii)After a notice of hearing has been served on the parties, amendments to the pleadings are subject to the discrection of the administrative law judge.

(3)Authority to amend.

The authority of the DHCR to amend any aspect of the proceeding may be exercised by the commissioner, counsel, or a deputy counsel, or the chief or deputy chief of the Enforcement/Compliance Bureau, who may add new parties, particulars or charges in their discretion or at the direction of the administrative law judge.

(4)Service.

Any amendment to a proceeding shall be served upon all parties unless made upon the record at a public administrative hearing.

(5)Amended answer.

When a complaint is amended after an answer has been filed but before the hearing, each respondent may file an amended answer with the DHCR at least two business days prior to the hearing. If the amendment of the complaint is made during the two-business-day period prior to the scheduled hearing, or at the hearing, the hearing may be adjourned for at least two business days.

9 NYCRR 2051.2 - Action by the administrative law judge

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

At any stage of a proceeding after a matter has been referred to the hearings unit, an administrative law judge or the chief administrative law judge may:

(a)Recommend rejection of the complaint or application with or without prejudice, at the discretion of the DHCR and without the conduct of a hearing, if it is insufficient or defective.

(b)Direct investigation of the facts, including 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 except where protected by privilege, and afford an opportunity to file rebuttal thereto.

(d)For good cause shown, accept for filing any papers, even though not filed within the time required by regulation.

(e)Require any person to appear or produce documents or both pursuant to a subpoena issued by the DHCR.

(f)Forward to either party a notice of action proposed to be taken.

(g)On his own motion or upon application of any affected owner or tenant, direct the consolidation of proceedings which have at least one ground in common, or which are applicable to the same building or group of buildings or development, notwithstanding that the housing accommodations affected may be subject to differing regulations; and 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 may be severed subsequent to consolidation for good cause shown.

(h)Sever issues within a proceeding for purposes of recommending the issuance of an order and determination with respect to certain issues while reserving other issues for subsequent recommended determination.

(i)Recommend the issuance of conditional or provisional determinations as he may deem appropriate under the circumstances. A copy of any order issued shall be forwarded to all parties to the proceeding by the DHCR and otherwise as the DHCR directs.

(j)Recommend the termination of a proceeding based on the default of an applicant or complainant.

9 NYCRR 2051.3 - Hearings

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Dates and status

Compiling agency: Executive Department
Text status: Westlaw Inline Boundary Correction
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Definitions.

(1)The term administrative law judge means any person appointed as a hearing officer or examiner to hear proceedings in accordance with the provisions of the law and to conduct such other and further hearings in connection therewith as may be required, and to report findings to the commissioner or the district rent administrator as the case may be.

(2)The term chief administrative law judge shall mean that administrative law judge designated to supervise the administrative law judges and designated as the chief of the hearings bureau.

(3)Any word or term which is defined in the law or regulations shall have the same meaning when used herein.

(4)When used in this Part, unless a different meaning clearly appears from the context, the term law shall mean and include any one or more of the following: the Rent Stabilization Law, the Emergency Tenant Protection Act of 1974, the New York City Rent and Rehabilitation Law, the Emergency Housing Rent Control Law, and all amendments thereto. The term regulationshall mean and include any one or more of the following: the Rent Stabilization Code, the State and City Rent and Eviction Regulations and the Emergency Tenant Protection Regulations.

(b)When held.

Hearings shall be held in all cases in which they are mandated by law. Additionally, hearings shall be held at the direction of the commissioner, the commissioner's designee, a district rent administrator, the counsel, a deputy counsel, or a bureau chief whenever necessary to determine facts in dispute. A hearing need not be held when the record is complete based on written submissions. Where a hearing has been directed, it shall be scheduled promptly.

(c)Notice of hearing.

All parties shall be given reasonable notice of such hearing, which notice shall include:

(1)a statement of the time, place and nature of the hearing;

(2)a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3)a reference to the particular sections of the statutes and rules involved, where possible;

(4)a short and plain statement of matters asserted.

Upon application of any party to the administrative law judge, a more definite and detailed statement shall be furnished whenever the administrative law judge finds that the statement is not sufficiently definite or not sufficiently detailed. The finding of the administrative law judge as to the sufficiency of definitiveness or detail of the statement, or the failure or refusal to furnish a more definite or detailed statement, shall not be subject to judicial review in the first instance. Any statement furnished shall be deemed, in all respects, to be a part of the notice of hearing.

(d)Powers of administrative law judges and conduct of hearing.

(1)Generally, administrative law judges are authorized to:

(i)administer oaths and affirmations;

(ii)on their own motion, at the discretion of the administrative law judge or at the request of any party, sign and issue subpoenas requiring attendance and giving of testimony by witnesses and the production of books, papers, documents and other evidence, and said subpoenas shall be regulated by the Civil Practice Law and Rules. Nothing herein contained shall affect the authority of an attorney for a party to issue such subpoenas under the provisions of the Civil Practice Law and Rules;

(iii)provide for the taking of testimony by deposition and to fix appropriate terms and conditions therefor;

(iv)regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents; and

(v)request that the parties appear and confer to consider the simplification of the issues, or direct appearance for the clarification of issues.

(2)Conduct of hearing.

(i)The administrative law judge shall not be bound by common law or statutory rules of evidence or by technical or formal rules or procedure. The administrative law judge shall conduct the hearing in such order and manner and with such methods of proof and interrogation as he deems appropriate to ascertain the substantial rights of the parties. All parties shall be accorded full opportunity to present such testimony and to introduce documentary or other evidence as may be pertinent. At the commencement of the hearing, the administrative law judge shall identify all parties present and may make an opening statement describing the nature of the proceeding, the issues, and the manner in which the hearing shall be conducted. No administrative law judge shall participate in any hearing in which he has an interest. If a party files a timely and sufficient affidavit of personal bias or disqualification of an administrative law judge, the matter shall be referred to and decided by the chief administrative law judge or, in the absence of the chief administrative law judge, by the deputy counsel or an assistant deputy counsel. Challenges to the chief administrative law judge shall be referred to and decided by the deputy counsel for rent administration or by an assistant deputy counsel. The hearing shall generally be conducted in accordance with the New York State Civil Service Commission publication, Revised Manual No. 16 (1972), entitled: Manual for Hearing Officers in Administrative Adjudication in the State of New York, authored by Louis J. Naftalison.

(ii)Appearances.

(a)All parties to the proceeding may be present and/or may appear by attorney, agent or representative and shall be allowed to present testimony in person or by counsel, call, examine and cross-examine witnesses.

(b)f a notice of hearing has not been delivered to a party, the DHCR in its discretion may adjourn a scheduled hearing to determine whether that party expects to attend a hearing, or whether the complaint should be dismissed for administrative convenience, default entered, or other appropriate action taken.

(c)If a respondent fails to appear at the duly noted time and place of the hearing, and the hearing is not adjourned, the hearing shall proceed on the evidence in support of the complaint. If an applicant or complainant fails to appear, the administrative law judge may similarly note the default on the record and go forward with the respondent's case, if any, to controvert any prima facie case made. Upon application in writing or on his own motion, the administrative law judge or chief administrative law judge may, for good cause shown, prior to an order, reopen or allow for continuation of the proceeding upon equitable terms and conditions.

(iii)New parties.

(a)In the discretion of the administrative law judge, any other person who has a substantial personal interest may be allowed to intervene as a party, in person or by counsel.

(b)The administrative law judge may require that any person not already a party be joined as a necessary party to the proceeding.

(c)In such joinder, the hearing shall be adjourned unless the person ordered to be joined is present and consents to waive service of notice of hearing and pleadings and to proceed as if he or she had been designated as such necessary party in the original complaint or application.

(d)In the event of such adjournment, the DHCR shall serve a new notice of hearing and copy of the complaint or application as amended upon the person so joined and upon all other parties, and shall also serve on the person so joined copies of the previous pleadings and a notice that the prior hearing record may be examined at the offices of the DHCR during normal business hours.

(e)Upon such waiver of notice by a person who is present, or upon service of such new notice of hearing and an amended complaint, the hearing shall proceed as if the party so joined had been designated in the original complaint or application.

(iv)Who shall conduct. Hearings shall be conducted by an administrative law judge designated by the DHCR. No person who shall have previously made the investigation, engaged in a prior formal conciliation proceeding or caused the notice of charges to be issued, shall act as an administrative law judge in such case.

(v)Procedure.

(a)The administrative law judge shall have full authority to control the procedure of the hearing, subject to these rules, and to rule upon all motions and objections, except motions to grant or dismiss the application or complaint. Effect shall be given to the rules of privilege recognized by law.

(b)Motions to grant or dismiss will be preserved on the record for the decision of the commissioner or the district rent administrator in an order after hearing; or, in extraordinary circumstances, after leave of the administrative law judge, said motion may be made and decided in the commissioner's discretion or at the discretion of the district rent administrator in an interlocutory ruling.

(c)The administrative law judge, on motion of a party or on his or her own motion, may call and examine witnesses, direct the production of papers or other matter, and introduce documentary or other evidence. The administrative law judge may exclude from the hearing room a witness, other than a party or complainant, who has not yet testified.

(d)In the interest of the prompt administration of justice and without prejudice to the substantial rights of any party, and in the discretion of the administrative law judge, any issue in a case or any other issue related thereto may be heard and decided, though not specifically indicated in the notice of hearing.

(e)All oral testimony shall be given under oath or affirmation, and a record of the proceeding shall be made and kept. Irrelevant or unduly repetitious evidence or cross-examination may be excluded. Evidence supplemental to that introduced at the hearing may be made part of the record.

(f)A determination may not be based on settlement negotiations which do not result in a stipulation of settlement. Unsuccessful attempts at settlement shall not be received in evidence except as to the issue of good faith where good faith is an issue in the proceeding.

(g)Evidence shall not be received in camera except at the discretion of the administrative law judge in extraordinary circumstances. However, where desirable, the administrative law judge in consultation with counsel may provide for the use of devices, such as deletion of names and coding, in order to protect personal privacy or information.

(h)The initial burden of proof shall be upon the party who initiated the proceeding.

(vi)Stipulations. Written stipulations may be introduced in evidence if signed by the person sought to be bound thereby or by that person's attorney-at-law. Oral stipulations may be made on the record at open hearing. The entire record may be in the form of a stipulation, submitted to the designated administrative law judge or the chief administrative law judge without the convening of a hearing.

(vii)Continuations, adjournments and substitutions of administrative law judge.

(a)The DHCR may postpone a scheduled hearing, or continue a hearing from day to day, or adjourn it to a later date or to a different place, by announcement thereof at the hearing or by appropriate notice to all parties. In the discretion of and upon such terms and conditions set by the administrative law judge, adjournment of a scheduled hearing may be granted upon affidavit of actual engagement before a higher tribunal or for good cause shown in writing. Except where an adjournment of a hearing is on consent of all other parties to the proceeding, a party's written request for an adjournment of a scheduled hearing must be received at least three business days prior thereto. Applications made thereafter, and which are not on consent, must be made by formal motion on the record at the hearing unless the administrative law judge directs otherwise.

(b)Whenever a case is assigned to an administrative law judge, the hearing or any adjourned hearing thereon shall continue before the same administrative law judge until a final disposition thereof, unless the case is transferred pursuant to motion or for good cause by the chief administrative law judge. Good cause shall include, inter alia, the absence, disability or disqualification of an administrative law judge. The hearing shall continue upon the previous record unless it can be shown that substantial prejudice will result therefrom.

(c)Each party, or his attorney, shall have the right to inspect the file, to rebut any evidence given, and to cross-examine other parties and witnesses, in person if practicable, inspect the report of the administrative law judge hearing the case and request a copy thereof.

(d)By order of the chief administrative law judge or the administrative law judge, a case may be transferred from one designated place of hearing to another for the convenience of parties or witnesses, and as the interests of justice may require.

(viii)The chief administrative law judge or the administrative law judge may sever a case or may consolidate two or more proceedings which have at least one ground in common where the interests of justice will be served and where there will be no prejudice to the substantial rights of any party. If two or more proceedings are consolidated, any applicable rules set forth herein shall apply.

(ix)The DHCR and parties, or their duly authorized representatives, may stipulate that a specified case involving an issue affecting in common certain claimants be designated as a test case, and that the parties be bound by any decision in such case, subject to the right of appeal. The stipulation shall be filed with the administrative law judge.

(x)Information from the DHCR's records may be officially noticed, and the case file, except for privileged items contained therein, shall be made available by the administrative law judge to the parties to the hearing or their attorneys for the necessary preparation and presentation of the case. All parties shall have the right to call, examine and cross-examine other parties and witnesses with regard to such information. The administrative law judge may take official notice of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the agency. When official notice is taken of a material fact not appearing in the evidence in the record, and of which judicial notice could not be taken, every party shall be given prior notice thereof and afforded an opportunity to dispute the fact or refute its materiality.

(xi)Motions and objections. Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be stated orally, and shall be included in the record made of the hearing.

(xii)Oral arguments and briefs. The administrative law judge may permit the parties, their attorneys or representatives, the DHCR attorney, if any, and intervenors and interested organizations, to argue orally and to file briefs within such time limits as the administrative law judge may determine. All such briefs shall be filed in duplicate with the administrative law judge, with proof of service upon all counsel in the proceeding and parties appearing without counsel.

(xiii)Public hearings. Hearings shall be open to the public. The administrative law judge may exclude from the hearing room or from further participation in the proceeding any person who engages in improper conduct at the hearing or otherwise disrupts the proceeding, except a party to the proceeding, an attorney of record, or a witness engaged in testifying. In addition, the administrative law judge may take such other actions as are necessary to insure the proper conduct of the hearing.

(xiv)Incomplete record. The commissioner, the district rent administrator or the administrative law judge may, on a finding that the record is incomplete or fails to provide the basis for an informed decision, direct further hearing sessions for the taking of additional evidence or for other purposes. Such direction may be on the commissioner's or district rent administrator's or administrative law judge's own motion or on application of a party.

(xv)Ex parte communications. No person shall communicate with the administrative law judge subsequent to the commencement of a hearing on any matter relating to the case, other than a status inquiry, unless a copy of such communication is sent to all parties to the proceeding. If such a communication is made in violation of this rule, a copy of the communication, or a written summary if the communication was oral, shall be sent to all the parties by the administrative law judge.

(xvi)

(a)When an attorney represents a party at a hearing, the administrative law judge shall ascertain whether or not such attorney is appearing in a proceeding where attorney fees may be awarded by statute or regulation. If so, the administrative law judge may entertain a motion for an award of attorney's fees.

If such an award is requested, the administrative law judge shall require such attorney to submit an affidavit in support of his claim for fees, setting forth in detail:

(1)the total amount requested;

(2)the time spent in providing representation, subdivided into time spent:

(i)in case preparation;

(ii)at hearing; and

(iii)in post-hearing matters;

(3)the legal and factual complexities involved; and

(4)any other factors which may be deemed relevant to determination of the fee that should be allowed, including but not limited to a statement of the attorney's customary hourly rate, his background and particular qualifications.

(b)When an attorney has ceased to represent a party during the course of a proceeding, the DHCR shall have no obligation to notify said attorney of any determination reached in the matter and may refuse to entertain a request for attorney's fees for prior legal services to the party.

(xvii)Whenever any deaf person is a party to a hearing before the DHCR or a witness therein, the DHCR in all instances shall appoint a qualified interpreter of the deaf to interpret the proceedings to and the testimony of such deaf person. The DHCR shall determine a reasonable fee for all such interpreting services, which shall be a charge upon the agency.

(xviii)Investigation. Whenever an investigation, inspection, inquiry or other examination is necessary in deciding a case, the chief administrative law judge or an administrative law judge may request such investigation, inspection, inquiry or other examination to be made. A hearing may be adjourned pending receipt of the report of such investigation, inspection, inquiry, audit or examination. The provisions of subparagraph (x) of this paragraph shall apply to such report.

(xix)After the hearing is concluded, the administrative law judge shall review the evidence and briefs, if any, submitted by the parties, determine the credibility of the witnesses, and shall propose findings of fact relevant to the issues of the hearing. The administrative law judge shall prepare an official report which includes a summary of the testimony of the hearing, as well as proposed findings and conclusions, and shall prepare a proposed order for the commissioner or district rent administrator.

9 NYCRR 2051.4 - Miscellaneous procedural matters

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Subpoenas and subpoenas duces tecum.

(1)Who may issue.

The commissioner, the commissioner's designee, an administrative law judge, DHCR's counsel, a deputy counsel or an assistant deputy counsel may issue subpoenas and subpoenas duces tecum whenever necessary to compel the attendance of witnesses or to require the production for examination of any books, payrolls, rent rolls, ledgers, correspondence, documents, papers or any other evidence relating to any matter under investigation or in question before the DHCR.

(2)When and where returnable.

Subpoenas and subpoenas duces tecum issued by the designated officers and employees of the DHCR may be made returnable at any stage of any investigation or proceeding pending before the division. Documents, books and records required for a public hearing before an administrative law judge may be subpoenaed and made returnable prior to such hearing at such time and place stated in the subpoena by the issuing officer, or made returnable at the time and place designated for hearing.

(3)Application for a subpoena.

(i)Subpoenas and subpoenas duces tecum may be issued by the designated officers and employees of the DHCR upon the application of a party, his representative or a party's attorney. Issuance of a subpoena duces tecum at the instance of a party shall depend upon a showing of necessity.

(ii)Application for a subpoena may be made at any stage in the proceeding and should be made in writing. The administrative law judge may, at his discretion:

(a)cause the subpoena requested to be issued;

(b)by hearing notice or amended hearing notice direct the production of all or some of the witnesses or material sought and within the control of a party to the proceeding at the hearing; or

(c)advise the attorney for a party who has sought the issuance of the subpoena to proceed in accordance with section 2302 of the Civil Practice Law and Rules (CPLR). Said advisement shall be in writing and on notice to all other parties or placed on the record.

(iii)Where a party to the proceeding fails to produce evidence and/or witnesses found to be within its control, and which were directed by hearing notice or by the administrative law judge to be produced, the administrative law judge may then cause to be issued and served a subpoena for the production thereof, or the administrative law judge may draw a negative inference from the failure to produce.

(4)Subpoenas by attorneys.

(i)An attorney appearing for a party may issue and cause to be served subpoenas or subpoenas duces tecum returnable at a hearing before an administrative law judge in accordance with section 2302 of the Civil Practice Law and Rules.

(ii)Motions to enforce, quash or modify a subpoena issued pursuant to section 2302 of the CPLR shall be made in a court of competent jurisdiction. However, upon an offer of proof, the administrative law judge may cause to be issued a subpoena or direct a party to produce all or any part of the requested matter. Upon failure to comply therewith in whole or in part, the administrative law judge may cause enforcement actions to be undertaken in whole or in part to obtain compliance, and/or the administrative law judge may draw a negative inference from the failure to comply.

(iii)Where the attorney for a party issues a subpoena and thereafter applies for judicial enforcement thereof, the administrative law judge may, at his discretion, continue the hearing to take testimony from other witnesses. At his discretion, or where the issued subpoena relates to a final witness, the administrative law judge may grant an adjournment but shall require that, within a period not in excess of 10 days, the party issuing the subpoena present proof to the administrative law judge that it has instituted a proceeding to compel compliance. The administrative law judge may thereafter require proof of diligent pursuit of the matter and shall continue the hearing within 30 days of notification of resolution of the compliance proceeding.

(5)Depository officer.

An officer or employee of the DHCR may be designated as a depository officer, who shall receive and hold documents, books and records subpoenaed and/or produced at said hearing and required for use during the period between the commencement of a public hearing and any adjourned date thereof. Such records shall be made available for inspection and copying during the ordinary business hours of the DHCR. If produced at hearing, the administrative law judge assigned to the matter shall be the depository officer.

(6)Public bodies.

Absent a specific statute or rule to the contrary, a subpoena duces tecum directed to another public body or agency does not require approval of the court.

(7)Witness or mileage fees.

Where a subpoena or subpoena duces tecum is issued at the instance of a party or by an attorney, the cost of service and witness and mileage fees and the burden of service shall be borne by such party or attorney. Such witness and mileage fees shall be the same as are paid at trials in the New York State Supreme Court.

(b)Depositions and telephone testimony.

(1)Depositions.

An administrative law judge may authorize a deposition to be taken on oral or written questions in accordance with the provisions of CPLR section 3117(a)(3), and shall admit such deposition into evidence at a hearing in lieu of the personal appearance and testimony of the deponent at the hearing, subject to the following conditions:

(i)All parties and counsel have been offered a reasonable opportunity to participate in the taking of the deposition and to cross-examine thereat.

(ii)The deposition was taken before any person authorized to administer an oath in the place where the deposition is taken and was either subscribed and sworn to by the deponent or certified as accurate by the stenographer.

(iii)The absence of cross-examination shall not be a bar to the admission of such deposition; provided, however, that, if justice so requires, the deponent may be subject to further inquiry by additional deposition.

(iv)Any other reasonable condition fixed by the administrative law judge.

(2)Testimony by telephone.

With the consent of all parties and where necessary to prevent an otherwise unavoidable adjournment or for other good cause shown, the administrative law judge may permit the testimony of a witness to be taken by telephone, subject to the following procedure:

(i)it is practicable to reach the witness by telephone call;

(ii)a person within the hearing room can testify that the voice of the witness is recognized;

(iii)the administrative law judge, reporter, if any, and respective attorneys can hear the questions and answers;

(iv)the witness is placed under oath and testifies that he or she is not being coached by any other person; and

(v)the testimony is limited in scope.

(c)Settlements and withdrawals.

(1)Stipulation.

At any time the parties may stipulate to settle the case subject to the approval of the commissioner or the district rent administrator. Such stipulation shall either be in writing, signed by the parties or their attorneys, or be placed on the record at a public hearing.

(2)Terms.

(i)The stipulation should contain precise and unambiguous terms.

(ii)The stipulation should provide that it is subject to the issuance of an order or notice thereon by the commissioner or district rent administrator incorporating its operative terms.

(3)Order after stipulation or withdrawal.

(i)An order after stipulation or withdrawal of a proceeding may be signed and issued by the commissioner or district rent administrator without a hearing and without findings of fact.

(ii)Such order may be enforced in the same manner as any order after hearing issued by the commissioner or district rent administrator.

(d)Orders after hearing.

(1)Form.

An order issued after hearing shall set forth the findings of fact and conclusions of law or reasons for the decision or determination of the commissioner or district rent administrator.

(2)Service.

Copies of orders signed by the commissioner or district rent administrator shall be sent to all parties, including intervenors, or to their attorneys or representatives, if represented. A copy of the order may also, where warranted, be delivered to the Attorney General, the Secretary of State, or to such public officers as the DHCR deems proper.

(3)Filing.

Copies of all orders rendered after a hearing shall be filed at the administrative offices of the DHCR and at the office where the complaint or application was filed.

(e)Compliance investigation.

(1)Investigation.

At any time after the date of a settlement agreement, an order after hearing, an order after stipulation or otherwise, and at any other times in its discretion, the DHCR may investigate whether the parties are complying with the terms of such agreement or order.

(2)Action.

Upon a finding of noncompliance, the DHCR may take appropriate action to assure compliance.

(f)Rules and regulations.

(1)Any rule or regulation established governing practice and procedure before administrative law judges and the DHCR may be added to, amended, modified, rescinded or superseded by the DHCR at any time in accordance with the requirements of law.

(2)These rules and regulations shall be construed liberally to effectuate the purposes and provisions of the law.

(3)These rules and regulations, and any addition, amendment, modification, rescission or supersedure thereof, shall be available to the public at all offices of the DHCR and at the hearings bureau.

(g)Record.

(1)The record in a proceeding before the DHCR shall include:

(i)all notices, pleadings, motions, intermediate rulings;

(ii)evidence presented;

(iii)a statement of matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose;

(iv)questions and offers of proof, objections thereto, and rulings thereon;

(v)proposed findings and exceptions, if any; and

(vi)any decision, determination, opinion, order or report rendered.

(2)The DHCR shall make a complete record of all adjudicatory proceedings conducted before it. For this purpose, the DHCR may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or electronic recording devices. Upon request made by any party upon the agency within a reasonable time, but prior to the time for commencement of judicial review, or its giving notice of its decision, determination, opinion or order, the DHCR shall prepare the record together with any transcript of proceedings within a reasonable time, and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. The party making the request shall bear full responsibility for the cost of the preparation and furnishing of such transcript or any part thereof, including the cost of an original for the division. Any party requesting a copy of the record and/or any transcript made, or portion thereof, shall be required to pay the costs thereof.

9 NYCRR 2051.5 - Administrative review

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Persons who may file. Any person aggrieved by an order issued by a district rent administrator may file a petition for administrative review (PAR) with the commissioner in the manner provided in Operational Bulletin Number 84-1 and any supplements thereto.

9 NYCRR 2051.6 - Limitations; severability

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)This Part shall not act in any manner so as to limit any powers of the commissioner or any designated officer or employee of the DHCR as provided for by law or regulation.

(b)If any provision of this Part or the application thereof to any person or circumstance shall be held invalid, the validity of the remainder of this Part and the applicability thereof to other persons or circumstances shall not be affected thereby.

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