N.Y. Comp. Codes R. & Regs. Tit. 9 § 2107.8 - Modification or revocation of orders
L. 1964, ch. 244
(a) Except as provided in subdivision (a) or
(b) of this section or except pursuant to an order of remand issued by the
State rent administrator, the local rent administrator may not modify,
supersede or revoke any order issued under these or previous sections unless he
finds that such order was the result of illegality, irregularity in vital
matters, or fraud. Where an order is modified, superseded or revoked by the
local rent administrator he may also direct that rent collected by the landlord
in excess of the maximum rent be refunded to the tenant within 30 days after
his action shall become final.
(b)
The local rent administrator on his own initiative or on application of a
tenant may revoke or cancel an order granting a certificate of eviction at any
time prior to the execution of a warrant in a summary proceeding to recover
possession of real property by a court whenever he finds that:
(1) the certificate of eviction was obtained
by fraud or illegality; or
(2) the
landlord's intentions or circumstances have so changed that the premises,
possession of which is sought, will not be used for the purpose specified in
the certificate.
(c) The
commencement of a proceeding by the local rent administrator to revoke or
cancel an order granting a certificate of eviction shall stay such order until
the final determination of the proceeding regardless of whether the waiting
period in the order has already expired.
(d) The local rent administrator shall give
notice to the persons affected of his intention to modify, supersede or revoke
an order, in which event the provisions of sections 2107.2 through
, inclusive, shall
apply.2107.6