Title 9 Part 2527

A proceeding is instituted by an owner or a tenant with the filing of an application or complaint for adjustment of rent, or for other relief provided by the RSL or this Code. Such application or complaint shall be verified or affirmed by the applicant or complainant and filed upon the appropriate form prescribed by the DHCR.

Proceedings instituted by the DHCR

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

it necessary or appropriate pursuant to the RSL or this Code.

Notice to the parties affected

(a)

regulated rent, the DHCR shall notify all parties adversely affected thereby that such application has been

filed, and shall afford such parties the opportunity to submit written responses thereto. Tenants shall have

sixty (60) days from the date of the mailing of notice of the proceeding to answer or reply. The owner 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 DHCR for tenant examination upon request. Tenants' written responses shall be

considered by the DHCR prior to a final determination of the application.

Answer

Except where otherwise provided for in this Code, 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 DHCR may require a shorter

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

the DHCR.

The DHCR, on such terms and conditions as it shall determine, may:

Any provision of this Code to the contrary notwithstanding, no order shall be deemed final and binding for purposes of judicial review except in accordance with Part 2529 of this Title.

Pending proceedings

Except as otherwise provided herein or by the RSL, unless undue hardship or prejudice results therefrom, this

Code shall apply to any proceeding pending before the DHCR, which proceeding commenced on or after

April 1, 1984, or where a provision of this Code is amended, or an applicable statute is enacted or amended

during the pendency of a proceeding, the determination shall be made in accordance with the changed

provision.

The DHCR, on application of either party, or on its own initiative, and upon notice to all parties affected, may issue a superseding order modifying or revoking any order issued by it under this or any previous Code where the DHCR finds that such order was the result of illegality, irregularity in vital matters or fraud.

The DHCR 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.