N.Y. Comp. Codes R. & Regs. tit. 9 § 2107.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2107.8 - Modification or revocation of orders

L. 1964, ch. 244

(a) Except as provided in subdivision (a) or (b) of this section or except pursuant to an order of remand issued by the State rent administrator, the local rent administrator may not modify, supersede or revoke any order issued under these or previous sections unless he finds that such order was the result of illegality, irregularity in vital matters, or fraud. Where an order is modified, superseded or revoked by the local rent administrator he may also direct that rent collected by the landlord in excess of the maximum rent be refunded to the tenant within 30 days after his action shall become final.

(b) The local rent administrator on his own initiative or on application of a tenant may revoke or cancel an order granting a certificate of eviction at any time prior to the execution of a warrant in a summary proceeding to recover possession of real property by a court whenever he finds that:

(1) the certificate of eviction was obtained by fraud or illegality; or

(2) the landlord's intentions or circumstances have so changed that the premises, possession of which is sought, will not be used for the purpose specified in the certificate.

(c) The commencement of a proceeding by the local rent administrator to revoke or cancel an order granting a certificate of eviction shall stay such order until the final determination of the proceeding regardless of whether the waiting period in the order has already expired.

(d) The local rent administrator shall give notice to the persons affected of his intention to modify, supersede or revoke an order, in which event the provisions of sections 2107.2 through 2107.6, inclusive, shall apply.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2107.8