Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENTSubtitle S - Division of Housing and Community RenewalChapter VII - Emergency Housing Rent ControlSubchapter A - Administration
Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings
Section 2051.1 - Proceedings before the hearings unit

N.Y. Comp. Codes R. & Regs. tit. 9 § 2051.1

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Current through Register Vol. 46, No. 51, December 18, 2024
Section 2051.1 - Proceedings before the hearings unit
(a) Preliminary matters. After a proceeding has been referred for hearing to the hearings unit, a review of the file shall be made to insure that the proceeding was properly instituted and affected parties have received proper notice, with an opportunity to answer, in accordance with the rules governing proceedings before the Division of Housing and Community Renewal (DHCR) as enunciated in the State Rent and Eviction Regulations, the City Rent and Eviction Regulations, and the Tenant Protection Regulations.
(b) Subsequent pleadings - amendments to complaint, application or answer.
(1) Right to amend. The DHCR or the parties shall have the right reasonably and fairly to amend the complaint, application or answer.
(2) Applicant's right.
(i) The applicant, including a complainant, has the right to amend the proceeding in writing prior to an answer being filed.
(ii) The applicant has the right to amend the complaint or application by addition or deletion in writing after an answer has been filed at the discretion of the DHCR.
(iii) After a notice of hearing has been served on the parties, amendments to the pleadings are subject to the discrection of the administrative law judge.
(3) Authority to amend. The authority of the DHCR to amend any aspect of the proceeding may be exercised by the commissioner, counsel, or a deputy counsel, or the chief or deputy chief of the Enforcement/Compliance Bureau, who may add new parties, particulars or charges in their discretion or at the direction of the administrative law judge.
(4) Service. Any amendment to a proceeding shall be served upon all parties unless made upon the record at a public administrative hearing.
(5) Amended answer. When a complaint is amended after an answer has been filed but before the hearing, each respondent may file an amended answer with the DHCR at least two business days prior to the hearing. If the amendment of the complaint is made during the two-business-day period prior to the scheduled hearing, or at the hearing, the hearing may be adjourned for at least two business days.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2051.1