New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 2207
Executive Department
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9 NYCRR 2207.1 - Proceedings instituted by landlord or tenant in district rent office
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
A proceeding is instituted in a district 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 Rent Law or these regulations. Such application shall be verified by the applicant and filed with the district rent administrator for the district 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 2207.2 - Proceedings instituted by district rent administrator on his own initiative
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
The district rent administrator may institute a proceeding on his own initiative whenever he deems it necessary or appropriate pursuant to the Rent Law or these regulations.
9 NYCRR 2207.3 - Notice to parties affected
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-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 district 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 2202.4(c), (d) or (e) of this Title, to increase the maximum rent, the district 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 city rent agency for tenant examination upon prior request. Tenants' written responses shall be considered by the city rent agency prior to a final determination of the application.
(b)Where the proceeding is instituted by the district rent administrator on his own initiative, he shall forward to all parties affected thereby a notice setting forth the proposed action.
9 NYCRR 2207.4 - Answer
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-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 within which to answer, except as otherwise provided in this section. Where the application was made pursuant to section 2202.8 of this Title, a tenant shall have 15 days from the date of mailing within which to answer. Where a proceeding is commenced by the issuance of an order to show cause by the district rent administrator, a person who has been served with a copy of such order to show cause shall file his answer within the period specified in such order to show cause. Every answer must be affirmed, and an original and one copy shall be filed with the district rent administrator.
9 NYCRR 2207.5 - Action by district rent administrator
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
At any stage of a proceeding, the district 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, as he may deem necessary or appropriate;
(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 these regulations;
(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 district rent administrator;
(h)grant or order a hearing, except that no multiple-tenant-initiated proceedings for reduction of rents in a building may be determined without a hearing, unless such hearing is waived:
(1)by the landlord by reason of his failure to request same at the time of his answer; or
(2)by the tenants by reason of their failure to request same at the time they reply to the landlord's answer.
9 NYCRR 2207.6 - Final determination by district rent administrator
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
The district rent administrator, on such terms and conditions as he may determine, may:
(a)dismiss the application if it fails substantially to comply with the provisions of the Rent Law or these regulations;
(b)grant or deny the application, in whole or in part; or
(c)issue an appropriate order in a proceeding instituted on his own initiative.
A copy of any order issued shall be forwarded to all parties to the proceeding.
9 NYCRR 2207.7 - Pending proceedings
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
(a)Any matter, application, proceeding or protest, undertaken, filed or commenced by, with or before the State Rent Commission, and transferred to the administrator as provided by section l(11) and (13) of the State Enabling Act and sections Y51-14.0 and Y51-15.0 of the Rent Law, shall be completed or determined by the administrator in conformity with these regulations; except that, where any application for a rent increase pursuant to section 4(4)(a)(1) of the State Rent Act is transferred to the administrator for determination:
(1)such application, solely for the purpose of applying thereto section 2202.8(c) of this Title, shall be treated as if it were sought to be filed on May 1, 1962, provided that if the two-year minimum period prescribed by such section terminates on any date between May 1, 1962 and September 1, 1962, both dates inclusive, the administrator, notwithstanding any other provisions of these regulations, shall treat such application, solely for the purpose of applying such section thereto, as having been filed on the date next succeeding such date of termination, and shall withhold determination of such application until the next succeeding date; and
(2)any such application shall be denied unless the landlord shall file with the administrator, on or before May 31, 1962, a certificate of the Department of Buildings and a certification by the landlord setting forth with respect to the property the matters specified in section 2202.3(b) of this Title.
(b)Where a regulation is amended during the pendency of a proceeding before the district rent administrator, the determination shall be in accordance with the amended regulation.
9 NYCRR 2207.8 - Modification or revocation of orders
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- HCR-35-22-00004-P · Proposed rule
- Related notice published
- Aug 31, 2022
(a)Except as provided in subdivision (b) or (c) of this section, or except pursuant to an order of remand issued by the administrator, the district rent administrator or the authorized supervisor of any component of the Division of Housing and Community Renewal may not modify, supersede or revoke any order issued under these or previous regulations unless he finds that such order was the result of illegality, irregularity in vital matters, or fraud, or unless he shall make such finding as is required by subdivision (c) of section 2202.20 of this Title. Where an order is modified, superseded or revoked by the district rent administrator, he may also direct that rent collected by the landlord in excess of the maximum rent be refunded to the tenant, together with six percent interest from the date of each such excessive payment of rent, within 30 days after his action shall become final. Where a rent exemption order issued pursuant to section 2202.20 of this Title is revoked as provided by section 2202.20(h)(2) or (3), such revocation order may also direct the payment of back rent.
(b)The district rent administrator, on his initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction (whether issued by the State Rent Commission or under these regulations) 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 district rent administrator, on his own initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction where:
(1)the payment of a stipend is required or is imposed as a condition in an order granting a certificate of eviction pursuant to any section of these regulations and the landlord has willfully failed either to:
(i)pay the prescribed stipend to all tenants in the building who have voluntarily vacated their housing accommodations after the date of filing of the application; or
(ii)deposit the prescribed stipend in escrow, as provided in subdivision (f) of section 2204.4 of this Title, and file proof of compliance with the requirements of such subdivision with the district rent administrator no later than five days prior to the expiration of the waiting period; or
(2)after the issuance of any order granting a certificate of eviction where relocation or the payment of a stipend is required, the landlord willfully engages in a course of conduct which is proscribed by subdivision (b) of section 2205.1 of this Title.
(d)The district rent administrator, on his own initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction (whether issued by the State Rent Commission or under these regulations) at any time prior to the date of the issuance of a final order in a summary proceeding to recover possession of real property by a court, whenever he finds that there has been a change of circumstances due to the fact that other suitable housing accommodations subject to the landlord's control have become vacant since the date of the order granting the certificate of eviction.
(e)The commencement of a proceeding by the district 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.
(f)The district rent administrator, or the authorized supervisor of any component of the Division of Housing and Community Renewal, shall give notice to the persons affected of his intention to modify, supersede or revoke an order issued by him, in which event the provisions of sections 2207.2 through 2207.6, inclusive, of this Part shall apply.
(g)Whenever the administrator shall have revoked an order premised on fraudulent or materially false representations, the administrator, notwithstanding any other provision of these regulations to the contrary, may withhold the issuance of any order granting an increase in maximum rent for such housing accommodation until the landlord has complied with the refund directive, if any, provided for in such order of revocation.