Current through Register Vol. 46, No. 50, December 11, 2024
Section 302.4 - Lessee's request for arbitration(a) The Attorney General shall prescribe and make available a "Request for Arbitration" form. To apply for arbitration under the program, a lessee shall complete and submit the prescribed form to the Attorney General.(b) Those lessees wishing a hearing on documents only shall so indicate on the form.(c) Upon receipt of the submitted form, the Attorney General shall assign a case number and review it for completeness and eligibility and shall accept or reject it.(d) If the form is rejected, the Attorney General shall promptly return the form to the lessee, indicating in writing the reasons for the rejection and, where possible, inviting the lessee to correct the deficiencies.(e) If the form is accepted, it shall be referred to the administrator for processing. The Attorney General shall promptly notify the lessee in writing of the acceptance of the form and of its referral to the administrator. Upon receipt of the accepted form, the administrator shall notify the lessee to submit the required filing fee. Upon receipt of the prescribed filing fee, the administrator shall date stamp the "Request for Arbitration" form. Such date shall be considered the filing date.(f) If, after 30 days from the date of the notice of acceptance, the administrator fails to receive the prescribed filing fee, the administrator shall promptly advise the lessee in writing that unless such fee is received within 60 days from the date of the notice of acceptance, the form will be returned and the case marked closed. After such time, if the lessee wishes to submit a dispute to the program, (s)he must submit another "Request for Arbitration" form to the Attorney General.(g) Participation in any informal dispute resolution mechanism that is not binding on the lessee shall not affect the eligibility of a lessee to participate in the program.N.Y. Comp. Codes R. & Regs. Tit. 13 § 302.4