Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENTSubtitle S - Division of Housing and Community RenewalChapter VII - Emergency Housing Rent ControlSubchapter A - Administration
Part 2051 - Rules Of Practice For The Office Of Rent Administration-adjudicatory Proceedings
Section 2051.2 - Action by the administrative law judge

N.Y. Comp. Codes R. & Regs. tit. 9 § 2051.2

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Current through Register Vol. 46, No. 51, December 18, 2024
Section 2051.2 - Action by the administrative law judge

At any stage of a proceeding after a matter has been referred to the hearings unit, an administrative law judge or the chief administrative law judge may:

(a) Recommend rejection of the complaint or application with or without prejudice, at the discretion of the DHCR and without the conduct of a hearing, if it is insufficient or defective.
(b) Direct investigation of the facts, including inspections, hold conferences, and require the filing of reports, evidence, affidavits or other material relevant to the proceeding.
(c) Forward to or make available for inspection by either party, any relevant evidence except where protected by privilege, 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 regulation.
(e) Require any person to appear or produce documents or both pursuant to a subpoena issued by the DHCR.
(f) Forward to either party a notice of action proposed to be taken.
(g) On his own motion or upon application of any affected owner or tenant, direct the consolidation of proceedings which have at least one ground in common, or which are 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 accommodations. Proceedings may be severed subsequent to consolidation for good cause shown.
(h) Sever issues within a proceeding for purposes of recommending the issuance of an order and determination with respect to certain issues while reserving other issues for subsequent recommended determination.
(i) Recommend the issuance of conditional or provisional determinations as he may deem appropriate under the circumstances. A copy of any order issued shall be forwarded to all parties to the proceeding by the DHCR and otherwise as the DHCR directs.
(j) Recommend the termination of a proceeding based on the default of an applicant or complainant.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2051.2