9 NYCRR Part 2107 - Executive Department

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Source version current through Sep 15, 2021

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2107.1 - Proceedings instituted by landlord or tenant in the local rent office

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

A proceeding is instituted in a local rent office by a landlord or a tenant with the filing of an application for adjustment of rent, for a certificate of eviction, or for other relief provided by the act or this Subchapter. Such application shall be verified by the applicant and filed with the local rent administrator for the area within which the housing accommodation is located upon the appropriate form issued by the administrator in accordance with the instructions contained in such forms.

9 NYCRR 2107.2 - Proceedings instituted by the local rent administrator on his own initiative

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

The local rent administrator may institute a proceeding on his own initiative whenever he deems it necessary or appropriate pursuant to the act or this Subchapter.

9 NYCRR 2107.3 - Notice to the parties affected

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

(a)

(1)Except as provided by paragraph (2) of this subdivision, where the application is made by a landlord or tenant the local rent administrator shall forward, as promptly as possible, a copy of such application to all parties adversely affected thereby.

(2)Where an application is filed, pursuant to section 2102.3(b)(1)(iii) or (iv) of this Title, to increase the maximum rent, the local rent administrator shall notify all parties adversely affected thereby, and shall afford such parties the opportunity to submit written responses thereto. The landlord 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 commission for tenant examination upon prior request. Tenants' written responses shall be considered by the commission prior to a final determination of the application.

(b)Where the proceeding is instituted by the local rent administrator on his own initiative, he shall forward to all parties affected thereby a notice setting forth the proposed action.

9 NYCRR 2107.4 - Answer

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

A person who has been served with a copy of an application or a notice of a proceeding shall have seven days from the date of mailing in which to answer, except that a tenant shall have 15 days from the date of mailing within which to answer where the application was made pursuant to section 2102.3(b)(5) of this Title. Every answer must be verified, and an original and one copy shall be filed with the local rent administrator.

9 NYCRR 2107.5 - Action by local rent administrator

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

At any stage of a proceeding the local rent administrator may:

(a)reject the application if it is insufficient or defective;

(b)make such investigation of the facts, hold such conferences, and require the filing of such 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 rebuttal thereto;

(d)for good cause shown accept for filing any papers, even though not filed within the time required by this Subchapter;

(e)require any person to appear or produce documents or both pursuant to a subpoena issued by the administrator;

(f)consolidate two or more applications or proceedings which have at least one ground in common;

(g)forward to either party a notice of action proposed to be taken by the local rent administrator;

(h)grant or order a hearing.

9 NYCRR 2107.6 - Final determination by the local rent administrator

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

(a)The local rent administrator, on such terms and conditions as he may determine, may:

(1)dismiss the application if it fails substantially to comply with the provisions of the act or this Subchapter;

(2)grant or deny the application, in whole or in part;

(3)issue an appropriate order in a proceeding instituted on his own initiative.

(b)A copy of any order issued shall be forwarded to all parties to the proceeding.

9 NYCRR 2107.7 - Pending proceedings

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

Where a section is amended during the pendency of a proceeding before the local rent administrator, the determination shall be in accordance with the amended section unless the proceeding is to determine an adjustment of maximum rent and was remanded to the local rent administrator for further action as provided in section 2108.9 of this Title. In such event the local rent administrator shall determine the remanded proceeding in accordance with the section in effect on the date of issuance of the original order by the local rent administrator.

9 NYCRR 2107.8 - Modification or revocation of orders

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: HCR-35-22-00006-P · Proposed rule
Related notice published: Aug 31, 2022

L. 1964, ch. 244

(a)Except as provided in subdivision (a) or (b) of this section or except pursuant to an order of remand issued by the State rent administrator, the local rent administrator may not modify, supersede or revoke any order issued under these or previous sections unless he finds that such order was the result of illegality, irregularity in vital matters, or fraud. Where an order is modified, superseded or revoked by the local rent administrator he may also direct that rent collected by the landlord in excess of the maximum rent be refunded to the tenant within 30 days after his action shall become final.

(b)The local rent administrator on his own initiative or on application of a tenant may revoke or cancel an order granting a certificate of eviction at any time prior to the execution of a warrant in a summary proceeding to recover possession of real property by a court whenever he finds that:

(1)the certificate of eviction was obtained by fraud or illegality; or

(2)the landlord's intentions or circumstances have so changed that the premises, possession of which is sought, will not be used for the purpose specified in the certificate.

(c)The commencement of a proceeding by the local rent administrator to revoke or cancel an order granting a certificate of eviction shall stay such order until the final determination of the proceeding regardless of whether the waiting period in the order has already expired.

(d)The local rent administrator shall give notice to the persons affected of his intention to modify, supersede or revoke an order, in which event the provisions of sections 2107.2 through 2107.6, inclusive, shall apply.

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