N.Y. Comp. Codes R. & Regs. tit. 9 § 2507.5

Current through Register Vol. 46, No. 17, April 24, 2024

Section 2507.5 - Action by division

At any stage of a proceeding the division may:

(a) reject the application if it is insufficient or defective;

(b) make such investigation of the facts, conduct such inspections, hold such conferences, and require the filing of such reports, evidence, affidavits or other material relevant to the proceeding;

(c) forward to or make available for inspection by either party any relevant evidence and afford an opportunity to file rebuttal thereto;

(d) for good cause shown, accept for filing any papers, even though not filed within the time required by this Chapter;

(e) require any person to appear or produce documents, or both, pursuant to a subpoena issued by the division;

(f) consolidate two or more applications or proceedings which have at least one ground in common;

(g) forward to either party a notice of action proposed to be taken;

(h) grant or order a hearing;

(i) on its own motion or upon application of any affected landlord or tenant, consolidate proceedings applicable to the same building or group of buildings or development, notwithstanding that the housing accommodations affected may be subject to differing regulations; and in any such consolidated proceedings the determination with respect to any housing accommodation shall be made in accordance with the appropriate law or regulation applicable to such acccommodations;

(j) on its own initiative, or at the request of a court of competent jurisdiction, or for good cause shown upon application of any affected party, expedite the processing of a matter;

(k) sever issues within a proceeding for purposes of issuing an order and determination with respect to certain issues while reserving other issues for subsequent determination;

(l) stay proceedings upon such terms as may be appropriate; or

(m) permit a tenant to withdraw a complaint.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2507.5

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023