Petition for Administrative Review
A Landlord, tenant, or other party aggrieved by a Rent Administrator's order may file a Petition for Administrative Review (PAR) with 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 Administrator and raised in the PAR.
A PAR must be filed within 35 days after the order was issued.
In order for a PAR form to be filed it must be completed and signed by the petitioner or a duly designated representative. The regulations for PAR's on Rent Control, Rent Stabilization, and ETPA cases vary per the 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. 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 an official US Postal Service postmark, the PAR must be received by DHCR within the required time period or must be accompanied by proof that it was mailed within the required time period. PAR's received after the time limit will be dismissed.
When DHCR receives a completed PAR, the Office of Rent Administration will send a copy to all other affected parties with a form allowing each party to respond to DHCR. DHCR will send these answers to all adversely affected parties. DHCR will then review the PAR and the answers, request additional information as they deem necessary, and make a final determination.
The proper filing of a PAR against a RENT ADMINISTRATOR'S ORDER, other than an order adjusting, fixing or establishing the legal regulated rent, stays (freezes) that order until the Commissioner makes a final determination. Where an Administrator's Order provides for an adjustment in rent, the retroactive portion of the adjustment, if any, is generally put on hold but not the prospective portion altering the future rent.
On application by an aggrieved party, the Commissioner may stay (freeze) 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 the Rent Administrator for further review.
Unless DHCR makes a final determination within 90 days (or any extension thereof), the PAR may be "deemed denied" by the petitioner. The petitioner may then file an Article 78 proceeding in court within 60 days after the expiration of the 90 day period (or extended period). The law also permits an Article 78 proceeding within 60 days after DHCR issues a final order. (An attorney must be retained to file an Article 78 proceeding. The normal retainer for this service can exceed $5,000.)
Since DHCR will issue a final PAR order eventually, despite the passage of the 90 day "deemed denial" period (or extension), it may be advisable to wait for that decision explaining the basis for the Order.
This is a very complicated, time consuming process, which can be intimidating to experienced real estate professionals.
DHCRexpert.com prepares, files and follows up on PAR's.
Click here to Order a PAR.