PART 2529 -- ADMINISTRATIVE REVIEW
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TABLE OF CONTENTS
Section 2529.1. Persons who may file.
2529.2. Time for filing a PAR.
2529.3. Form and content of a PAR.
2529.4. Service and filing of a PAR.
2529.5. Time of filing an answer to a PAR.
2529.6. Scope of review.
2529.7. Action by commissioner.
2529.8. Final determination by the commissioner.
2529.9. Modification or revocation of orders by the
commissioner.
2529.10. Pending PAR proceedings.
2529.11. Time within which the commissioner shall take
final action. .
2529.12. Stays
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Sec. 2529.1. PERSONS WHO MAY FILE.
(a) A petition for administrative review (PAR) of an order
issued by a rent administrator may be filed by a party to
the proceeding, or other necessary party, in the manner
provided in this Part, where such petition alleges the
errors upon which such order is based.
(b) (1) A joint PAR, verified or affirmed by each person
joining therein, may be filed by two or more owners or
tenants, where at least one ground is common to all
persons so filing. The commissioner, in his discretion,
may treat such PAR as joint or several.
(2) A PAR may also be filed by a representative of a party,
including an attorney at law, provided that said
representative duly verifies or affirms the PAR and
provided that such representative includes, at the time
of the filing of the PAR, written evidence of
authorization to act in such representative capacity
for the purpose of filing the PAR.
(c) The commissioner may, in his discretion, consolidate two or
more PAR's which have at least one ground in common
Sec. 2529.2. TIME FOR FILING A PAR.
A PAR against an order of a rent administrator must be filed in
person or by mail 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.
Sec. 2529.3. FORM AND CONTENT OF A PAR.
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.
Sec. 2529.4. SERVICE AND FILING OF A PAR.
(a) Each PAR shall be filed in an original and one copy at the
Division of Housing and Community Renewal, Office of Rent
Administration, 92-31 Union Hall Street, Jamaica, NY 11433,
unless otherwise provided on the form prescribed by the
commissioner for such PAR.
(b) A copy of the PAR shall be served by the DHCR upon the
adverse party.
(c) A PAR will not be accepted for filing unless accompanied by
a complete copy of the order to be reviewed.
Sec. 2529.5. TIME OF FILING AN ANSWER TO A PAR.
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), 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.
Sec. 2529.6. SCOPE OF REVIEW.
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
tar evidence.
Sec. 2529.7. ACTION BY COMMISSIONER.
Within a reasonable time after the filing of the PAR and the
answers, if any, the commissioner may:
(a) Reject a par which is timely filed if it is insufficient or
defective, but may provide a specified period of time within
which to perfect the PAR.
(b) Make such investigation of the facts, hold such conferences,
and require the filing of such reports, evidence,
affidavits, or other material relevant to the proceeding as
he may deem necessary or appropriate.
(c) Forward to, or make available for inspection by either
party, any relevant evidence, and afford an opportunity to
file rebuttal thereto.
(d) For good cause shown, accept for filing any papers, other
than a PAR, even though not filed within the time required
by this Part.
(e) Require any person to appear or produce documents, or both,
pursuant to a subpoena issued by the commissioner.
(f) Grant or order a hearing.
Sec. 2529.8. FINAL DETERMINATION BY THE COMMISSIONER.
The commissioner, on such terms and conditions as he determines,
shall:
(a) dismiss the PAR if it fails substantially to comply with the
provisions of the RSL or this Code; or
(b) grant or deny the PAR, in whole or in part, or remand the
proceeding to the rent administrator for further action;
The commissioner shall inform all parties to the PAR of the
grounds upon which such decision is based.
Sec. 2529.9. MODIFICATION OR REVOCATION OF ORDERS BY THE
COMMISSIONER.
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
Sec. 2529.10. PENDING PAR PROCEEDINGS.
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 l, 1984; or where a provision of this
Code is amended, or an applicable statute is enacted or amended
during the tendency of a PAR, the determination shall be in
accordance with the changed provision.
Sec. 2529.11. TIME WITHIN WHICH THE COMMISSIONER SHALL TAKE
FINAL ACTION.
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.
Sec. 2529.12. 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 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 60
days have elapsed after the determination of the PAR by the
commissioner. However, 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.