Title 9 Part 2510

A PAR against an order of a rent administrator must be filed in person, by mail, or as otherwise provided by operational bulletin with the division within 35 days after the date such order is issued. A PAR served by mail must be postmarked not more than 35 days after the date of such order, to be deemed timely filed. If the prepaid postage on the envelope in which the PAR is mailed is by private postage meter, and the envelope does not have an official U.S. Postal Service postmark, then the PAR will not be considered timely filed unless received within the aforementioned 35 days or the petitioner submits other adequate proof of mailing within said 35 days, such as an official postal service receipt or certificate of mailing.

Scope of review

Review pursuant to this Part shall be limited to the facts or evidence before a district rent administrator as

raised in the petition. Where the petitioner submits with the petition certain facts or evidence which he or

she establishes could not reasonably have been offered or included in the proceeding prior to the issuance

of the order being appealed, the proceeding may be remanded for determination to the district rent

administrator to consider such facts or evidence. Proceedings remanded back to the division following an

Article 78 may be reconsidered, at the discretion of the commissioner, without being remanded to the rent

administrator.

A PAR may be filed only on a form prescribed by the division, which shall be verified or affirmed by the party filing same, or his or her duly designated representative, and which shall have attached thereto a complete copy of the order to be reviewed.

Any person served with a PAR as provided in section 2510.5(b) of this Part may, within 20 days from the date of mailing a copy of the PAR by the division pursuant to section 2510.5(b) of this Part, file a verified or affirmed answer thereto, by filing the same with the division. A copy of such answer to the PAR shall be served by the division upon the adverse party. The commissioner may, in his discretion, and for good cause shown, extend the time within which to answer.

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

Pending PAR's

Where a regulation is amended during the pendency of a PAR, or an applicable statute is enacted or

amended during the pendency of a PAR, the determination shall be in accordance with the amended

regulation, statute or Code as it existed at the time the rent administrator’s order was issued, unless the

relevant law or regulation states otherwise.

If the commissioner does not act finally within a period of 90 days after a PAR is filed, or within such extended period as provided for herein, the PAR may be “deemed denied” by the petitioner for the purpose of commencing a proceeding pursuant to section 2510.12 of this Part. The commissioner 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. Unless a proceeding for judicial review pursuant to article 78 of the Civil Practice Law and Rules has been commenced, the commissioner shall determine a PAR notwithstanding that such 90 day or extended period has elapsed.

Stays

The filing of a PAR against an order, other than an order adjusting, fixing or establishing the legal

regulated rent, shall stay such order until the final determination of the PAR by the commissioner.

Notwithstanding the above, that portion of an order fixing a penalty pursuant to subdivision (a) of section

2506.1 of this Title, that portion of an order resulting in a retroactive rent adjustment pursuant to section

2503.4 of this Title, that portion of an order resulting in a retroactive rent decrease pursuant to section

2502.3 of this Title, and that portion of an order resulting in a retroactive rent increase pursuant to section

2502.4(a), (b), (c), (e), and (f) of this Title, shall also be stayed by the timely filing of a

PAR against such orders until the expiration of the period for seeking review pursuant to article seventy-

eight of the Civil Practice Law and rules. However, an order granting a rent adjustment pursuant to

subdivision (a) and (b) of section 2502.4 of this Title, against which there is no PAR

filed by a tenant that is pending, shall not be stayed. Nothing herein contained shall limit the

commissioner from granting or vacating a stay under appropriate circumstances, on such terms and

conditions as the commissioner may deem appropriate.

A party aggrieved by a PAR order issued after the 90 day or extended period of time within which the petitioner could deem his or her petition denied pursuant to section 2510.10 of this Title, shall have 60 days from the date of such order to commence a proceeding for judicial review, notwithstanding that 60 days have elapsed after such 90 day or extended deemed denial period has expired.

The commissioner, 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 commissioner, he may also direct that appropriate rent adjustments be made in accordance with the order issued.