An owner, tenant, or other party aggrieved by a Rent Administrator’s order may file a Petition for Adminstrative Review (PAR) with the NYS Division of Housing and Community Renewal (DHCR). The petition must specify the alleged errors and list the issues upon which the order should be reviewed. The scope of review in the PAR proceeding is generally limited to the facts or evidence presented to the Rent Administrative and raised in the ARP.
For the rent control cases statewide, and for rent stabilization (ETPA) cases outside of NYC, a PAR must be filed within 33 days after the order is issued. For rent stabilization cases in NYC, the required filing time is within 35 days after the order was issued. DHCR permits an additional two days for the rent control and ETPA mailing ton create mailing to create a uniform 35 days period.
A PAR must be filed on a Petition for Adminstrative Review (DHCR Form RAR-2) and be completed and signed by the petitioner or duly designated representative. The form is available at the office of Rent Administrative, 92-31 Union Hall Street 4th Floor, Jamaica, NY and in the Borough and District Rent Office. Since the regulation for PARs on rent control, rent stabilization, and ETPA cases may vary, carefully read the appropriate regulations and instructions on the reverse side of the PAR form.
The original petition and one copy must be filed in person or by mail. If the PAR is hand-delivered, it must be received within the 35 day filing period for New York City Stabilization cases within 33 day filing period for rent control and ETPA cases. If the PAR is mailed, it must be postmarked within the required filing period. If a private postage meter is used and the envelope does not have a official U.S postal service postmark, the PAR must received by DHCR within the required time period or must be accompanied by proof that it was mailed within the required time period. PARs received after the time limit will be dismissed.
When DHCR receives a completed PAR, the Office of Rent Administrative will send a copy to all other affected parties with a from allowing each party to respond to DHCR. DHCR will send these answer to all adversely affected parties with a from allowing each party respond to DHCR. DHCR will send a these answer to all adversely affected parties. DHCR will then review the PAR and the answers, request additional information as necessary, and make the final determination. DHCR will inform all parties to the PAR on what legal and factual basis the determination was made.
The proper filing of a PAR against a RENT ADMINSTATOR’S ORDER, other than an order adjusting, fixing, or establishing the legal regulated rent, stays (freezes) that order until the Commissioner makes the final determination. Where an Administrator’s Order provides for an adjustment in rent, retroactive portion of the adjustment, if any, is generally put on hold but not the prospective portion altering the future rent.
On the application by aggrieved party, the Commissioner may stay any other order or vacate an automatic stay. The Commissioner has the right to grant or deny the PAR in whole or in part or even to return the proceeding to Rent Administrator for further review.
Unless DHCR makes a final determination within 90 days (or any extension thereof), the PAR may be “deemeded denied” by the petitioner. The petitioner may then file an Article 78 in court within 60 days after the expiration of 90 day period (or extended period). The law also permits Article 78 proceeding within 60 day after DHCR issues a final order.
Since DHCR will issues a final PAR order, despite the passage of the 90 days “deemeded denied” period (or extension), it may be advisable to wait for that decision explaining the basis for the Order.
For more information or assistance, call the DHCR Rent InfoLine, or visit your or County Rent Office.
92-31 Union Hall Street
Jamaica, NY 11433
55 Hanson Place
Brooklyn, NY 11217
163 West 125th Street
New York, NY 10027
North side of 110 St. and above
50 Clinton Street
Hempstead, NY 11550
55 Church Street
White Plain, NY 10601
25 Beaver Street 5th Floor
New York, NY10004
South side of 110 St. and below
1 Fordam Plaza
Bronx, NY 10458
60 Bay Street
Staten Island, NY 10301
94-96 North Main Street
Spring Valley, NY 10977