Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that in a recent Article 78 proceeding Justice Martin Schneier held that even absent a showing of good cause, DHCR must accept evidence for the first time on administrative review, at least where the proffered evidence pertains to the threshold issue of whether the apartment is subject to rent stabilization at all.
September 02, 2009 at 12:00 AM
1 minute read
A party aggrieved by an order of DHCR’s Rent Administrator (“RA”) may file a Petition for Administrative Review (“PAR”) with DHCR’s commissioner. See RSC §2529. The commissioner’s job is to determine whether the RA — based on the evidence before him or her— reached the correct conclusion. RSC §2529.6 provides:
Review pursuant to this Part shall be limited to facts or evidence before a Rent Administrator as raised in the petition.
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