Title 9 Part 2108

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.

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:

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:

L. 1964, ch. 244

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.

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

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

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.

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:

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.

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.