New York regulations

Title 9 Part 2108

Executive Department

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16 sections

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

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9 NYCRR 2108.1 - Persons who may file protests

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026
(a)Any person aggrieved by this Subchapter or by an order issued by a local rent administrator may file a protest to the administrator in the manner provided in this Subchapter.
(b)A joint protest, verified by each person joining therein, may be filed by two or more landlords or tenants, where at least one ground is common to all persons so filing. The administrator, in his discretion, may treat such protest as joint or several.
(c)The administrator may, in his discretion, consolidate two or more protests which have at least one ground in common.

9 NYCRR 2108.2 - Time for filing protests

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026
(a)A protest against any provision of this Subchapter may be filed at any time after the effective date thereof.
(b)A protest against an order of a local rent administrator must be filed with the administrator within 33 days after the date such order is issued unless subdivision (c) of this section is applicable. A protest served by mail, postmarked not more than 33 days after the date of such order, shall be compliance with this subdivision.
(c)A protest may be filed by a tenant against an order of a local rent administrator granting a certificate of eviction relating to a housing accommodation other than in a one- or two-family house after the expiration of the 33-day period provided for in subdivision (b) of this section and prior to the date of the issuance of a final order by a court in summary dispossess proceedings, where there has been a change of circumstances due to the fact that other suitable housing accommodations subject to landlord's control have become vacant since the date of the order granting the certificate of eviction.

9 NYCRR 2108.3 - Time of filing answer to protests

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

Where a protest against an order issued by a local rent administrator has been filed by a landlord or tenant, the other party or parties shall be afforded a period of 15 days from the date of service of such protest within which to serve and file an answer to the protest.

9 NYCRR 2108.4 - Form and content of protest against this Subchapter or portion thereof

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Dates and status
Compiling agency
Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

L. 1964, ch. 244

No printed form of protest is provided or prescribed. Each protest against this Subchapter or portion thereof must be clearly designated “Protest to the Commissioner of Housing and Community Renewal re Section. . . . (or Sections. . . . ) of the Rent and Eviction Regulations”, and shall set forth the following:

(a)the name and post-office address of the party filing the protest, and whether he is a landlord or tenant, or representative;
(b)a complete identification of the provision or provisions protested, citing the section or sections of this Subchapter to which the objection is made;
(c)a simple, concise statement of the objections to this Subchapter or portion thereof protested;
(d)a specific statement of the relief requested;
(e)each protest shall be verified by the party filing the protest.

9 NYCRR 2108.5 - Form and content of protest against an order of the local rent administrator

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Dates and status
Compiling agency
Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

L. 1964, ch. 244

No printed form of protest is provided or prescribed. Each protest must be clearly designated “Protest to the Commissioner of Housing and Community Renewal re Order bearing docket number. . . . ”, and shall set forth the following:

(a)the name and post-office address of the party filing the protest, and whether he is the landlord or tenant of the accommodations involved or a representative;
(b)a complete identification of the order to which objection is made, the date of issuance thereof, the docket number, and the name of the local rent office;
(c)the location by post-office address of all housing accommodations involved in the protest;
(d)the names and post-office addresses of all other parties affected by the protest;
(e)a simple, concise statement of the objections to the order protested;
(f)a specific statement of the relief requested;
(g)a statement informing the person served with the protest that he may within 15 days from the date of such service, file thereto a verified answer by filing the same with the Commissioner of Housing and Community Renewal, Office of Rent Administration, 393 Seventh Avenue, New York 1, NY, together with proof of service of the copy of the answer upon the party filing the protest;
(h)each protest shall be verified by the party filing the protest;
(i)each such protest shall contain proof of service of (1) a copy of the protest and (2) copies of all accompanying papers upon the local rent administrator and upon all parties affected by the protest.

9 NYCRR 2108.6 - Service and filing of protests

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Dates and status
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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

L. 1964, ch. 244

(a)Each protest shall be filed in an original and one copy at the Division of Housing and Community Renewal, Office of Rent Administration, 393 Seventh Avenue, New York 1, New York.
(b)Where the protest is against an order issued by the local rent administrator, a copy of the protest shall also be served on the local rent administrator issuing the order being protested, and upon each party affected by the protest.
(c)A protest under section 2108.5 will not be accepted for filing unless accompanied by an affidavit or other proof of such service.

9 NYCRR 2108.7 - Time of filing answer to protest

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Dates and status
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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

Any person served with a protest as provided in section 2108.6(b) of this Part may, within 15 days from the date of service, file a verified answer thereto, by filing the same with the administrator, together with proof of service of a copy thereof upon the party filing the protest. The administrator may, in his discretion, and for good cause shown, extend the time within which to answer.

9 NYCRR 2108.8 - Action by administrator

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Dates and status
Compiling agency
Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

Within a reasonable time after the filing of the protest and the answers, if any, the administrator may:

(a)reject the protest 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)grant or order a hearing.

9 NYCRR 2108.9 - Final determination by the administrator

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Dates and status
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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

The administrator, on such terms and conditions as he may determine, may:

(a)dismiss the protest if it fails substantially to comply with the provisions of the act or this Subchapter;
(b)grant or deny the protest, in whole or in part, or remand the proceeding to the local rent administrator for further action;
(c)in the event that the administrator denies any such protest in whole or in part, the administrator shall inform the party or parties filing the protest of the grounds upon which such decision is based, and of any economic data and other facts of which the administrator has taken official notice.

9 NYCRR 2108.10 - Pending protests and remit proceedings

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Dates and status
Compiling agency
Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

Where a section is amended during the pendency of a protest or a proceeding remitted by a court after judicial review, the determination shall be in accordance with the amended section unless it is a determination of an adjustment of maximum rent, in which event the determination shall be in accordance with the section in effect on the date of issuance of the original order by the local rent administrator.

9 NYCRR 2108.11 - Time within which the Administrator shall take final action

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Dates and status
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Executive Department
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Westlaw Inline Boundary Correction
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026
(a)If the administrator does not act finally within a period of 90 days after a protest if* filed, or within such extended period as may be fixed by the administrator with the consent of the party filing the protest, the protest shall be deemed to be denied.
(b)If the administrator does not act finally within a period of 90 days after the entry of an order of remand to the administrator by the court in a proceeding pursuant to section 2108.13, infra, or within such extended period as may be fixed by the administrator with the consent of the party filing the petition for review under article 78 of the Civil Practice Act, the order previously made by the administrator shall be deemed reaffirmed.

9 NYCRR 2108.12 - Stays

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026
(a)The filing of a protest against an order, other than an order adjusting, fixing or establishing a maximum rent, within 33 days after the date of the issuance of such order shall stay such order until the final determination of the protest by the administrator. Where the protest is against an order granting a certificate of eviction it shall stay such order as herein provided regardless of whether the waiting period provided in the order has already expired.
(b)The commencement of a proceeding by the 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.

9 NYCRR 2108.13 - Judicial review

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Dates and status
Compiling agency
Executive Department
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Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Latest notice
HCR-48-19-00001-A · Adopted rule · Feb 19, 2020
Source snapshot
Jun 6, 2026

L. 1964, ch. 244

The filing and determination of a PAR is a prerequisite to obtaining judicial review of any provision of this Subchapter or any order issued thereunder, except as provided by section 8 of the act. A proceeding for review may be instituted under article 78 of the Civil Practice Law and Rules provided the petition is filed within 60 days after the issuance date of the final determination of the PAR. Issuance date is defined as the date of mailing of the order. Service of the petition upon the Division of Housing and Community Renewal shall be made by either:

(a)personal delivery of the notice of petition and petition to counsel's office at the commission's office, 641 Lexington Avenue, New York, NY 10022, or such other address as may be designated by the administrator, and delivering a copy thereof to an Assistant Attorney General at an office of the New York State Attorney General within the State; or
(b)by such other method as is authorized by the Civil Practice Law and Rules.

9 NYCRR 2108.14 - Modification or revocation of orders on protest

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

L. 1964, ch. 244

The commissioner, on application of either party or on his own initiative, and upon notice to all parties affected, may, prior to the date that a petition for judicial review has been commenced in the Supreme Court pursuant to article 78 of the Civil Practice Law and Rules, modify, supersede or revoke any order issued by him under these or previous regulations where 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 commissioner he may also direct that all rent collected by the landlord and/or by predecessor and successor landlords in excess of the maximum rent be refunded to the tenant within 30 days.

9 NYCRR 2108.15 - Protests against an order of the State rent administrator

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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
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Source snapshot
Jun 6, 2026

Any person aggrieved by an order issued under this Subchapter by the State rent administrator may file a protest to the State Commissioner of Housing and Community Renewal in the same manner as provided in this Subchapter for the filing of a protest against an order of a local rent administrator.

9 NYCRR 2108.16 - PARs; time periods, address of office of rent administration

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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)Wherever the term protest is used in this Part, such term shall be deemed to mean petition for administrative review (PAR).
(b)Wherever reference is made in this Part to a period of time of 33 days, such period of time shall be deemed to be 35 days.
(c)Wherever reference is made in this Part to a period of time of 15 days, such period of time shall be deemed to be 20 days.
(d)Except as is otherwise provided in section 2108.13 of this Part, wherever reference is made in this Part to the Office of Rent Administration, the address of such office shall be 92-31 Union Hall Street, Jamaica, NY 11433.

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