N.Y. Comp. Codes R. & Regs. tit. 9 § 2209.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 2209.1 - When a notice or paper shall be deemed served

(a) Notices, orders, petitions for administrative review, answers and other papers may be served personally, by mail, or electronically, as provided in an operational bulletin issued pursuant to section 2209.8 of this Part. Except as otherwise provided by section 2208.2 or Part 2211 of this Title, when service, other than by the city rent agency, is made personally or by mail, a contemporaneous affidavit providing dispositive facts by the person making the service or mailing shall constitute sufficient proof of service. When service is by registered or certified mail, the stamped post office receipt shall constitute sufficient proof of service. Once sufficient proof of service has been submitted to the city rent agency, the burden of proving nonreceipt shall be on the party denying receipt.

(b) In any proceedings under these regulations, any notice, order or other process or paper directed to the person named as landlord on the registration statement on file in the district rent office, at the mailing address given thereon, or where a notice of change of identity has been filed in the district rent office, at the mailing address given thereon, or where a notice of address given in such notice of change of identity most recently filed, shall constitute notice to such landlord.

(c) Where a notice of appearance has been filed by an attorney, service on the attorney shall be deemed proper service as if made on the party or parties represented.

(d) Unless otherwise expressly provided in this Title, no additional time is required for service by mail of any notice, order, answer, lease offer or other papers, beyond the time period set forth in these regulations and such time period provided is inclusive of the time for mailing.

(e) Unless otherwise expressly provided in this Title, no additional time is required to respond or to take any action when served by mail with any notice, order, answer, lease offer, or other papers, beyond the time period set forth in these regulations and the time to respond is commenced upon mailing of said notice, order answer, lease offer or other paper.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2209.1