DHCR Extends Processing and Procedures Deadlines

On April 20, the DHCR updated Advisory Opinion 2020-2 Novel Coronavirus (COVID-19) Guidance with respect to processing and other procedures affecting the Office of Rent Administration (ORA) and Tenant Protection Unit (TPU).

All agency matters that weren’t final as of March 13, 2020, are extended, for the purposes of filing submissions, until June 2, 2020. The DHCR will be re-examining the need to further extend these deadlines as the situation evolves.

The extension covers the following:

• Unless otherwise advised, any time provided by ORA notice, bulletin, or regulation to respond to or file any application or administrative proceeding. Excepted from these extensions are:
  • Written responses to harassment complaints and service complaints identified by ORA as involving emergency conditions;
  • Tenant’s applications for a rent reduction that cite emergency conditions such as a vacate order issued by a municipal agency;
  • Fire damage requiring a vacatur;
  • No water (apartment-wide);
  • Inoperable toilet;
  • Collapsed or collapsing ceiling or walls or collapsing floor;
  • No heat/hot water (apartment-wide);
  • Broken or inoperative apartment front door lock;
  • All elevators inoperable;
  • No electricity (apartment-wide);
  • Window to fire escape (doesn’t open);
  • Water leak (cascading water, soaking electrical fixtures);
  • Window-glass broken (not cracked);
  • Broken/unusable fire escapes;
  • Air conditioner broken (summer season).
• Any time to otherwise file what would have been, as of the effective date of this opinion, a timely petition for administrative review (PAR) from an order of an ORA rent administrator.
• Any time provided to respond to an individualized TPU investigation into a single apartment review will be extended, unless TPU otherwise expressly requests a response after the issuance of this advisory opinion.
• Unless otherwise advised, all agency hearings, conferences, and continuances of those hearings and conferences are postponed. Parties will be advised of a subsequent rescheduled date that may include alternative means to hold those hearings and conferences.
• Public requests for documents under the Freedom of Information Law (FOIL) may continue to be filed online at openfoil.ny.gov. All records access requests, by owners, tenants, and authorized representatives, may continue to be filed through email at ORArecords@nyshcr.org but not in person.