New York regulations

Title 9 Part 2109

Executive Department

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8 sections

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

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

9 NYCRR 2109.1 - When a notice or paper shall be deemed served

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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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Jul 8, 2026
(a)Notices, orders, petitions for administrative review, answers and other papers may be served personally, by mail, or electronically, as provided in an operational bulletin issued pursuant to section 2109.8 of this Part. Except as otherwise provided by section 2108.2 or Part 2110 of this Title, when service, other than by the commission, 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 commission, the burden of proving nonreceipt shall be on the party denying receipt.
(b)In any proceedings under this Subchapter any notice, order or other process or paper directed to the person named as landlord on the registration statement on file in the local rent office, at the mailing address given thereon, or where a notice of change of identity has been filed in the local rent office, to the person named therein as landlord and at the address given in such notice of change of identity most recently filed, shall constitute notice to such landlord.
(c)Where a notice of appearance has been filed by an attorney, service on the attorney shall be deemed proper service as if made on the party or parties represented.
(d)Unless otherwise expressly provided in this Title, no additional time is required for service by mail of any notice, order, answer, lease offer or other papers, beyond the time period set forth in this Subchapter and such time period provided is inclusive of the time for mailing.
(e)Unless otherwise expressly provided in this Title, no additional time is required to respond or to take any action when served by mail with any notice, order, answer, lease offer, or other papers, beyond the time period set forth in this Subchapter and the time to respond is commenced upon mailing of said notice, order answer, lease offer or other paper.

9 NYCRR 2109.2 - Power of subpoena

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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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Jun 6, 2026

The administrator or any officer or agent designated by the administrator, may administer oaths and affirmations and may, whenever necessary, by subpoena require any person to appear and testify or to appear and produce documents, or both, at any designated place.

9 NYCRR 2109.3 - Production of documents

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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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Jun 6, 2026

The production of a person's documents at any place other than his place of business shall not be required in any case in which, prior to the return date specified in the subpoena issued with respect thereto, such person either has furnished the administrator with a copy of such documents certified by such person under oath to be a true and correct copy, or has entered into a stipulation with the administrator as to the information contained in such documents.

9 NYCRR 2109.4 - Action by commission on failure to obey subpoena

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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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Jun 6, 2026

In case of contumacy or refusal to obey a subpoena served upon any person, the supreme court in, or for any judicial district in which such person is found or resides or transacts business upon application by the administrator, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

9 NYCRR 2109.5 - Privilege against self-incrimination

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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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Jun 6, 2026

No person shall be excused from attending and testifying or from producing documents or other evidence in obedience to the subpoena of the administrator or of any duly authorized officer or agent thereof, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.

9 NYCRR 2109.6 - Disclosure of information by the administrator

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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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Jun 6, 2026

The administrator shall not publish or disclose any information obtained under the act or this Subchapter that the administrator deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the administrator determines that the withholding thereof is contrary to the public interest.

9 NYCRR 2109.7 - Delegation of authority

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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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Jun 6, 2026

The administrator may delegate in writing to the local rent administrator, or any other person or persons, the authority to carry out any of the duties and powers granted to him by the act or this Subchapter.

9 NYCRR 2109.8 - Opinions and official interpretations

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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)Official interpretations of general applicability with respect to the provisions of the act or this Subchapter shall be issued only by the administrator. No interpretation shall be given in response to any hypothetical question.
(b)Any person desiring an opinion as to the applicability of the act or this Subchapter to a specific factual situation, shall make a request in writing for such opinion to the local rent administrator for the locality within which the housing accommodations involved are situated. Such request shall set forth in full the facts out of which the question arises and shall state the name and post-office address of the person or persons making the request and the location of the housing accommodations involved. If there is a pending or closed proceeding in the particular office, or if the inquirer has previously requested an opinion on the same or substantially the same facts, his request shall so indicate. No opinion shall be given in response to any hypothetical question.
(c)Any opinion or official interpretation shall remain in full force and effect unless and until revoked or modified in writing by the official issuing it or by the administrator.

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