N.Y. Emergency Housing Rent Control Law 274/46 337/61 § 8: Procedure

§ 8. Procedure. 1. After the issuance of any regulation or order by

the commission any person subject to any provision of such regulation or

order may, in accordance with regulations to be prescribed by the

commission, file a protest against such regulation or order specifically

setting forth his objections to any such provisions and affidavits or

other written evidence in support of such objections. Statements in

support of any such regulation or order may be received and incorporated

in the record of the proceedings at such times and in accordance with

such regulations as may be prescribed by the commission. Within a

reasonable time after the filing of any protest under this subdivision

the commission shall either grant or deny such protest in whole or in

part, notice such protest for hearing, or provide an opportunity to

present further evidence in connection therewith. In the event that the

commission denies any such protest in whole or in part, the commission

shall inform the protestant of the grounds upon which such decision is

based, and of any economic data and other facts of which the commission

has taken official notice.

2. In the administration of this act the commission may take official

notice of economic data and other facts, including facts found by the

commission as a result of action taken under section four.

3. Any proceedings under this section may be limited by the commission

to the filing of affidavits, or other written evidence, and the filing

of briefs.

4. Any protest filed under this section shall be granted or denied by

the commission, or granted in part and the remainder of it denied,

within a reasonable time after it is filed. If the commission does not

act finally within a period of ninety days after the protest is filed,

the protest shall be deemed to be denied. However, the commission may

grant one extension not to exceed thirty days with the consent of the

party filing such protest; any further extension may only be granted

with the consent of all parties to the protest. No proceeding may be

brought pursuant to article seventy-eight of the civil practice law and

rules to challenge any order or determination which is subject to such

protest unless such review has been sought and either (1) a

determination thereon has been made or (2) the ninety-day period

provided for determination of the protest (or any extension thereof) has

expired. If the commission does not act finally within a period of

ninety days after the entry of an order of remand to the commission by

the court in a proceeding instituted pursuant to section nine, the order

previously made by the commission shall be deemed reaffirmed. However,

the commission may grant one extension not to exceed thirty days with

the consent of the petitioner; any further extension may only be granted

with the consent of all parties to the petition.

5. The commission shall compile and make available for public

inspection at reasonable hours at its principal office and at each

appropriate local office a copy of each decision hereafter rendered by

it upon granting, or denying, in whole or in part, any protests filed

under this section.