Title 9 Part 2507

A proceeding is instituted by a landlord or a tenant with the filing of an application for adjustment of rent, or for other relief provided by the act or this Chapter. Such application shall be verified or certified by the applicant and filed upon the appropriate form issued by the division in accordance with the instructions contained in such forms.

Proceedings instituted by the division

The division may institute, reclassify, or convert a proceeding on its own initiative whenever the division

deems it necessary or appropriate pursuant to the act or this Chapter.

Answer

Except where otherwise provided for in this title, a person who has been served with a notice of a

proceeding accompanied by an application or complaint shall have no less than 20 days from the date of

mailing in which to answer or reply, except that in exceptional circumstances, the division may require a

shorter period. Every answer or reply must be verified or affirmed, and an original and one copy shall be

filed with the division.

Where a regulation is amended during the pendency of a proceeding, the determination shall be in accordance with the amended regulation.

The division, on application of either party or on its 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 the division under these or previous regulations where the division 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 Where an order is modified, superseded or revoked by the division, it may also direct that all rent collected by the landlord and/or by predecessor and successor landlords in excess of the legal regulated rent be refunded to the tenant.

The division may authorize an amendment to a complaint or application at any time on good cause shown, except that an applicant or complainant shall have the right to amend the application or complaint in writing prior to the time within which an answer may be filed.

Any amendment to an application or complaint shall be served upon all affected parties in the same manner as the original application or complaint.

When an application or complaint is amended after an answer has been filed, all affected parties may file an amended answer or reply within the time provided for the answer or reply.