N.Y. Comp. Codes R. & Regs. tit. 9 § 2207.8

Current through Register Vol. 46, No. 39, September 25, 2024

Section 2207.8 - Modification or revocation of orders

(a) Except as provided in subdivision (b) or (c) of this section, or except pursuant to an order of remand issued by the administrator, the district rent administrator or the authorized supervisor of any component of the Division of Housing and Community Renewal may not modify, supersede or revoke any order issued under these or previous regulations unless he finds that such order was the result of illegality, irregularity in vital matters, or fraud, or unless he shall make such finding as is required by subdivision (c) of section 2202.20 of this Title. Where an order is modified, superseded or revoked by the district rent administrator, he may also direct that rent collected by the landlord in excess of the maximum rent be refunded to the tenant, together with six percent interest from the date of each such excessive payment of rent, within 30 days after his action shall become final. Where a rent exemption order issued pursuant to section 2202.20 of this Title is revoked as provided by section 2202.20(h)(2) or (3), such revocation order may also direct the payment of back rent.

(b) The district rent administrator, on his initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction (whether issued by the State Rent Commission or under these regulations) 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 district rent administrator, on his own initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction where:

(1) the payment of a stipend is required or is imposed as a condition in an order granting a certificate of eviction pursuant to any section of these regulations and the landlord has willfully failed either to:

(i) pay the prescribed stipend to all tenants in the building who have voluntarily vacated their housing accommodations after the date of filing of the application; or

(ii) deposit the prescribed stipend in escrow, as provided in subdivision (f) of section 2204.4 of this Title, and file proof of compliance with the requirements of such subdivision with the district rent administrator no later than five days prior to the expiration of the waiting period; or

(2) after the issuance of any order granting a certificate of eviction where relocation or the payment of a stipend is required, the landlord willfully engages in a course of conduct which is proscribed by subdivision (b) of section 2205.1 of this Title.

(d) The district rent administrator, on his own initiative or on application of a tenant, may revoke or cancel an order granting a certificate of eviction (whether issued by the State Rent Commission or under these regulations) at any time prior to the date of the issuance of a final order in a summary proceeding to recover possession of real property by a court, whenever he finds that there has been a change of circumstances due to the fact that other suitable housing accommodations subject to the landlord's control have become vacant since the date of the order granting the certificate of eviction.

(e) The commencement of a proceeding by the district 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.

(f) The district rent administrator, or the authorized supervisor of any component of the Division of Housing and Community Renewal, shall give notice to the persons affected of his intention to modify, supersede or revoke an order issued by him, in which event the provisions of sections 2207.2 through 2207.6, inclusive, of this Part shall apply.

(g) Whenever the administrator shall have revoked an order premised on fraudulent or materially false representations, the administrator, notwithstanding any other provision of these regulations to the contrary, may withhold the issuance of any order granting an increase in maximum rent for such housing accommodation until the landlord has complied with the refund directive, if any, provided for in such order of revocation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2207.8