9 NYCRR Part 2209 - Executive Department

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Source version current through Sep 15, 2021

All 12 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2209.1 - When a notice or paper shall be deemed served

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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)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 2209.8 of this Part. Except as otherwise provided by section 2208.2 or Part 2211 of this Title, when service, other than by the city rent agency, 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 city rent agency, the burden of proving nonreceipt shall be on the party denying receipt.

(b)In any proceedings under these regulations, any notice, order or other process or paper directed to the person named as landlord on the registration statement on file in the district rent office, at the mailing address given thereon, or where a notice of change of identity has been filed in the district rent office, at the mailing address given thereon, or where a notice of 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 these regulations 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 these regulations and the time to respond is commenced upon mailing of said notice, order answer, lease offer or other paper.

9 NYCRR 2209.2 - Power of subpoena

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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, 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. Any person subpoenaed under this section shall have the right to make a record of his testimony and to be represented by counsel.

9 NYCRR 2209.3 - Production of documents

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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 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 2209.4 - Action by administrator on failure to obey subpoena

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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

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 2209.5 - Privilege against self-incrimination

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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 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 2209.6 - Disclosure of information by the 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 shall not publish or disclose any information obtained under the Rent Law or these regulations 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 2209.7 - Delegation of authority

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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 may delegate in writing, to the district rent administrator or any other person or persons, the authority to carry out any of the duties and powers granted to him by the Rent Law or these regulations.

9 NYCRR 2209.8 - Opinions and official interpretations

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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)Official interpretations of general applicability with respect to the provisions of the Rent Law or these regulations 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 Rent Law or these regulations to a specific factual situation, shall make a request in writing for such opinion to the district 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 of 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.

9 NYCRR 2209.9 - Administrative proceedings pending before Department of Housing Preservation and Development of the City of New York

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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 matter, application, proceeding or protest undertaken, filed or commenced by, with or before the city, relating to the regulation and control of residential rents and evictions within the city and pending on April 1, 1984, shall be transferred to, conducted by, and completed or determined by the administrator. In discharging such responsibilities, the administrator shall act and shall determine and complete any such matter, application, proceeding or protest pursuant to and in conformity with the provisions of the Rent Law and these regulations governing such matters, applications, proceedings or protests.

(b)Any protest filed against an order of the city which may be undetermined on March 31, 1984 shall, for the purposes of section 2208.10(a) of this Title, be deemed to have been filed on April 1, 1984.

9 NYCRR 2209.10 - Administrative proceedings on application by interested party for decontrol on the basis of vacancy rate

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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)

(1)All requests for decontrol pursuant to section Y51-12.0 of the Rent Law must be made by application supported by adequate proof pursuant to the provisions of this and subsequent sections.

(2)The burden rests upon the applicant to clearly establish the existence of the five-percent vacancy rate in all or any alleged class of housing accommodations claimed to be eligible for decontrol. The vacancy rate shall mean the net rental vacancy rate. Notwithstanding the class of housing accommodations alleged by the applicant to be eligible for decontrol, the administrator shall make the final determination as to what constitutes a particular class of housing accommodations involved.

(b)No printed form of application is provided or prescribed. Each application must be clearly designated “Application to the Division of Housing and Community Renewal pursuant to section Y51-12.0 of the Rent Law,” and shall set forth the following:

(1)the name and post-office address of the party filing the application;

(2)a simple and concise statement showing the nature of the interest of the applicant in the outcome of the proceeding;

(3)

(i)a complete statement of the data relied upon for the vacancy rate claimed for the class of housing accommodation for which the applicant claims eligibility for decontrol. Such statement shall include a description of the methods, procedures and qualifications of the personnel used to gather the data submitted in support of the application.

(ii)The survey shall be of the entire universe of housing accommodations within the class claimed to be eligible for decontrol, or shall be based upon a scientific sampling by accepted random sampling techniques to include a comprehensive cross-section of the universe to be surveyed. The sampling used in conducting the survey shall be based on standard social-research data-gathering methodology. Based upon sampling of the data introduced, the standard error for the vacancy rate shall be not more than one quarter of one percent (0.25%) at one standard error, assuming an estimated vacancy rate of five percent; and

(4)a specific statement of the relief requested.

The application shall be verified by the party filing the application.

(c)Service of the application upon the administrator shall be made by filing the original and one copy thereof with the Division of Housing and Community Renewal, Office of Rent Administration, 10 Columbus Circle, New York, NY 10019, or such other address as provided on the application.

9 NYCRR 2209.11 - 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

After the filing of the application for decontrol on the basis of vacancy rate, the administrator may:

(a)reject the application if it is insufficient or defective;

(b)make such other and further studies and investigations as he deems necessary to make a finding as to whether the percentage of vacancies in all or any particular class of housing accommodation is five percent or more (such studies and investigations shall include, but not be limited to, data gathered by the United States Bureau of the Census or any public or quasi-public agency, or studies made by independent consultants under contract with the Division of Housing and Community Renewal or by its own staff); investigate the facts presented in the application; conduct such conferences as are necessary; require the filing of such other and additional reports, or other evidence relevant to the proceedings;

(c)suspend determination of application until completion of such studies and investigations as the administrator deems necessary to make a finding as to whether the percentage of vacancies in all or any particular class of housing accommodation is five percent or more. In the event that the administrator so suspends his determination, he shall advise the applicant, in writing, of the reasons for such suspension, including the identification of the studies and investigations deemed necessary by him;

(d)require any person to appear or produce documents, or both, pursuant to a subpoena issued by the administrator;

(e)grant or order a hearing.

9 NYCRR 2209.12 - 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

All orders issued pursuant to section Y51-12.0 of the Rent Law shall be deemed to be final administrative determinations, subject to judicial review as provided by section Y51-9.0 of the Rent Law. The administrator, on such terms and conditions as he may determine, may issue a final order:

(a)dismissing the application if it fails substantially to comply with the provisions of section 2209.10 et seq. of this Part; or

(b)granting or denying the application, in whole or in part, provided that before he may grant the application, in whole or in part, he shall have first held a public hearing as provided by section Y51-12.0 of the Rent Law.

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