9 NYCRR 4560.13

In order to allow time to comply with a provision of this Part, a racetrack operator may submit a written request to the executive director for a variance. Such variance request shall not be granted unless the racetrack operator demonstrates that the health and safety of the housing occupants and the public will not be prejudiced by the variance and that there are practical difficulties or hardships in immediate compliance with the provisions. A racetrack operator shall meet all terms of an approved variance, including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the executive director specifies. A variance shall end one year from its date of issuance, unless such variance is granted for a lesser period of time or otherwise extended.

In order to accept alternative arrangements that do not meet a provision of this Part, a racetrack operator may submit a written request to the executive director for a waiver from a specific provision of this Part. Such request shall not be granted unless the racetrack operator can demonstrate that circumstances exist that are beyond the control of the racetrack operator, compliance with the provision would present a hardship and that the public and housing occupants' health and safety will not be endangered by granting such a waiver. A racetrack operator must meet all terms of any approved waiver. A waiver shall remain in effect indefinitely unless revoked by the executive director.