9 NYCRR Part 2208 - Executive Department

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Source version current through Sep 15, 2021

All 14 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2208.1 - Persons who may file a petition for administrative review (PAR)

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)Any person aggrieved by these regulations, or by an order issued by a district rent administrator, may file a PAR with the administrator in the manner provided in these regulations.

(b)A joint PAR, affirmed 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 PAR as joint or several.

(c)The administrator may, in his discretion, consolidate two or more PAR's which have at least one ground in common.

9 NYCRR 2208.2 - Time for filing a PAR

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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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)A PAR against any provision of these regulations may be filed at any time after the effective date thereof.

(b)A PAR against an order of a district 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 PAR served by mail, postmarked not more than 33 days after the date of such order, shall be deemed compliance with this paragraph.

(c)Where a certificate of eviction has been granted pursuant to section 2204.5 of this Title, a PAR may be filed by a tenant 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 in a summary proceeding to recover possession of real property by a court, where 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.

9 NYCRR 2208.3 - Form and content of a PAR against these regulations or portion thereof

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

No printed form of a PAR is provided or prescribed. Each PAR against these regulations or portion thereof must be clearly designated “Petition for Administrative Review to the Commissioner of the Division of Housing and Community Renewal re: Section ________ (or Sections_______) of the Rent and Eviction Regulations of the City of New York,” and shall set forth the following:

(a)the name and post-office address of the party filing the PAR, and whether he is a landlord or tenant, or representative;

(b)a complete identification of the provision or provisions for which the PAR is being filed, citing the section or sections or these regulations to which the objection is made;

(c)a simple, concise statement of the objections to these regulations or portion(s) thereof; and

(d)a specific statement of the relief requested. Each PAR shall be affirmed by the party filing the PAR.

9 NYCRR 2208.4 - Form and content of a PAR against an order of the district rent administrator

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

A person aggrieved by an order issued by the district rent administrator may file a PAR against such order only on a form prescribed by the administrator.

9 NYCRR 2208.5 - Service and filing of a PAR

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)Each PAR shall be filed in an original and one copy at the Division of Housing and Community Renewal, Office of Rent Administration, 10 Columbus Circle, New York, NY 10019, unless otherwise provided on the form prescribed by the administrator for such PAR.

(b)Where the PAR is against an order issued by the district rent administrator, a copy of the PAR shall also be served on the district rent administrator issuing the order and upon each party affected by the PAR.

(c)A PAR under section 2208.4 of this Part will not be accepted for filing unless accompanied by an affidavit or other proof of such service.

9 NYCRR 2208.6 - Time of filing answer to a PAR

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

Any person served with a PAR, as provided in section 2208.5 of this Part, may, within 15 days from the date of service, file an affirmed answer thereto by filing the same with the Division of Housing and Community Renewal, Office of Rent Administration, together with proof of service of a copy thereof upon the party filing the PAR. The administrator may, in his discretion and for good cause shown, extend the time within which to answer.

9 NYCRR 2208.7 - Action by 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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

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

(a)reject the PAR 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; and

(f)grant or order a hearing.

9 NYCRR 2208.8 - Final determination by 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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

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

(a)dismiss the PAR if it fails substantially to comply with the provisions of the Rent Law or these regulations; or

(b)grant or deny the PAR, in whole or in part, or remand the proceeding to the district rent administrator for further action. In the event that the administrator grants or denies any such PAR, in whole or in part, the administrator shall inform the party or parties filing the PAR 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 2208.9 - Pending PAR's

Related State Register notice: Adopted rule HCR-35-22-00006-A. Published Nov 8, 2023. Notice effective date: Nov 8, 2023.

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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-A · Adopted rule
Related notice published: Nov 8, 2023
Related notice effective date: Nov 8, 2023

Current section text is not available here.

9 NYCRR 2208.10 - Time within which administrator shall take final action

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)If the administrator does not act finally within a period of 90 days after a PAR is filed, or within such extended period as may be fixed by the administrator, the PAR shall be deemed to be denied. The administrator may, however, grant one such extension, not to exceed 30 days, with the consent of the party filing the PAR; any further extension may only be granted with the consent of all parties to the PAR. Final action on a PAR filed against a regulation shall be governed by section 204 of the State Administrative Procedure Act.

9 NYCRR 2208.11 - Stays

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)The filing of a PAR 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 PAR by the administrator. However, nothing herein contained shall limit the administrator from granting or vacating a stay under appropriate circumstances. Where the PAR 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 2208.12 - Judicial review

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

The filing and determination of a PAR is a prerequisite to obtaining judicial review of any provision of these regulations or any order issued thereunder, except as provided by section 26-410 of the Rent Law. A proceeding for review may be instituted under article 78 of the Civil Practice Law and Rules, provided the petition in the Supreme Court 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 division'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 2208.13 - Modification or revocation of orders on a PAR

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)The administrator, on application of either party or on his own initiative, and upon notice to all parties affected, may, prior to the date that a proceeding 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 administrator, he may also direct that appropriate rent adjustments be made in accordance with the order issued.

(b)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.

9 NYCRR 2208.14 - PARs; time periods; address of office of rent administration

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-35-22-00004-P · Proposed rule
Related notice published: Aug 31, 2022

(a)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.

(b)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.

(c)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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