Skip to main content

Rules of the City of New York § 3-18

Citation
Rules of the City of New York § 3-18
Source verification
cross_accepted_sealed

Full Text

1,798 chars
(b) Administrative hearing. If, after ten days from the date of service of the preliminary notice of grounds for eviction, the tenant / cooperator has not cured the breach of his or her lease / occupancy agreement, the housing company may request HPD to proceed to schedule a hearing at which the housing company shall present to the hearing officer its charges against the tenant / cooperator. The housing company shall advise the tenant / cooperator of the date and place of the hearing in the same manner prescribed for the service of the preliminary notice of grounds for eviction as specified in paragraphs one and two of subdivision (a) of this section. If the tenant / cooperator fails to appear at the designated hearing, he/she shall be advised by the hearing officer, by regular first class mail, that unless a request to reopen the matter is received by the hearing officer within a designated period of time, a decision shall be rendered by the hearing officer based upon the information provided by the housing company and that such decision shall be final. All witnesses at the hearing shall be sworn to tell the truth. Witnesses may be examined and cross-examined by either party and by the hearing officer. The hearing officer may accept any evidence which he or she deems to be relevant and material. A tape recording of the hearing shall be made by the hearing officer, and the hearing officer shall arrange for a transcript of the tape upon the written request of either party, at the expense of the party requesting said transcript. In the event the hearing officer finds grounds for the eviction, he or she shall issue a certificate authorizing the housing company to commence summary proceedings for such eviction of the tenant / cooperator, stating the reasons for his or her