Title 9 Part 2529

A PAR against an order of a rent administrator must be filed in person, by mail, or otherwise as provided by operational bulletin, with the DHCR 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.

A PAR may be filed only on a form prescribed by the DHCR, 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 2529.4(b) of this Part, may, within 20 days from the date of mailing of a copy of the PAR by the DHCR pursuant to section 2529.4(b) of this Part, file a verified or affirmed answer thereto, by filing the same with the DHCR. A copy of such answer to the PAR shall be served by the DHCR upon the adverse party. The commissioner may, in his discretion, and for good cause shown, extend the time within which to answer.

Review pursuant to this Part shall be limited to facts or evidence before a 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 redetermination to the rent administrator to consider such facts or evidence.

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

The commissioner, on such terms and conditions as he determines, shall:

The commissioner shall inform all parties to the PAR of the grounds upon which such decision is based.

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, issue a superseding order modifying or revoking any order issued by him under this or any previous Code where he finds that such order was the result of illegality, irregularity in vital matters or fraud.

Unless undue hardship or prejudice would result therefrom, this Code shall apply to any PAR proceeding pending before the DHCR 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 PAR, the determination shall be in accordance with the changed provision.

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 2530.1 of this Title. 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.

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 section 2526.1(a) of this Title, that portion of an order resulting in a retroactive rent abatement pursuant to section 2523.4 of this Title, that portion of an order resulting in a retroactive rent decrease pursuant to section 2522.3 of this Title, and that portion of an order resulting in a retroactive rent increase pursuant to section 2522.4(a)(2), (3), (b) and (c) 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 78 of the Civil Practice Law and Rules. However, an order granting a rent adjustment pursuant to section 2522.4(a)(2) 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.