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Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s rule amendments eliminate the current restrictive filing periods for submitting J-51 applications to HPD, and allow applicants to file applications at any time of year.

Effective Date: 
Thu, 11/23/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a public hearing on June 15, 2015, regarding amendments to its rules of procedure to allow for service of hearing officer decisions and orders by hand delivery or by mail. The changes will also allow for regular mailing of Cease and Desist Orders and Notices of Special Hearing. One member from the public attended the June 15, 2015, public hearing and did not wish to present oral testimony. ECB received and considered one written comment on the proposed rule regarding amendments to its rules of procedure. 

 

 

Hand Delivery of Hearing Officer Decisions and Orders

The Environmental Control Board (ECB) has amended sections 48 RCNY 3-57, 3-71 and 3-73 of its rules of procedure.  The changes will allow for service by ECB of hearing officer decisions and orders by hand delivery or by mail.

 

ECB’s current rule, 48 RCNY 3-57,requires ECB to serve decisions and orders on all parties but is silent as to how decisions are served. However, sections 3-71 and 3-73 refer to “mailing” of decisions and orders. Currently, ECB serves all decisions and orders by mail. To reduce costs, provide an additional service option, and to further clarify when the time to appeal begins to run, ECB has amended the rule to allow for both mailing and hand delivery of decisions and orders.

 

The amendment to 48 RCNY 3-57 also requires amending sections 3-71 and 3-73 of ECB’s rules because, as stated above, those rules currently only refer to “mailing” of decisions and orders.

 

Delivery of Cease and Desist Orders and Notices of Special Hearing by Regular Mail

ECB has amended 48 RCNY 3-91 to allow ECB to serve Cease and Desist Orders and Notices of Special Hearing by regular mail instead of by certified mail, return receipt requested. The Board issues a Cease and Desist order after the Department of Environmental Protection (DEP) has issued a respondent a notice of violation or several notices of violation, ECB has found the respondent in violation and the respondent has failed to correct the condition for which the violation was issued. The Cease and Desist Order requires the respondent to appear at a special hearing or have the equipment that is the subject of the violation sealed.

 

ECB has determined based on experience that service of these orders by certified mail is not needed since the DEP also serves these orders by delivering them to respondents at the address where the equipment at issue to be sealed is located. Furthermore, ECB records show that the United States Postal Service returns many of these mailings to ECB because respondents fail to go to the post office to pick them up. Finally, ECB rules provide for prompt hearing (post-sealing special hearing) should equipment be sealed based on a failure to appear at a pre-sealing hearing.

 

 

 

Effective Date: 
Sun, 08/09/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 15, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 

Hand Delivery of Hearing Officer Decisions and Orders

The Environmental Control Board (ECB) is proposing to amend sections 48 RCNY 3-57, 3-71 and 3-73 of its rules of procedure.  The proposed changes will allow for service by ECB of hearing officer decisions and orders by hand delivery or by mail.

 

ECB’s current rule, 48 RCNY 3-57,requires ECB to serve decisions and orders on all parties but is silent as to how decisions are served. However, sections 3-71 and 3-73 refer to “mailing” of decisions and orders. Currently, ECB serves all decisions and orders by mail. To reduce costs, provide an additional service option, and to further clarify when the time to appeal begins to run, ECB is amending the rule to allow for both mailing and hand delivery of decisions and orders.

 

The amendment to 48 RCNY 3-57 also requires amending sections 3-71 and 3-73 of ECB’s rules because, as stated above, those rules currently only refer to “mailing” of decisions and orders.

 

Delivery of Cease and Desist Orders and Notices of Special Hearing by Regular Mail

ECB is also amending 48 RCNY 3-91 to allow ECB to serve Cease and Desist Orders and Notices of Special Hearing by regular mail instead of by certified mail, return receipt requested. The Board issues a Cease and Desist order after the Department of Environmental Protection (DEP) has issued a respondent a notice of violation or several notices of violation, ECB has found the respondent in violation and the respondent has failed to correct the condition for which the violation was issued. The Cease and Desist Order requires the respondent to appear at a special hearing or have the equipment that is the subject of the violation sealed.

 

ECB has determined based on experience that service of these orders by certified mail   is not needed since the DEP also serves these orders by delivering them to respondents at the address where the equipment at issue to be sealed is located. Furthermore, ECB records show that the United States Postal Service returns many of these mailings to ECB because respondents fail to go to the post office to pick them up. Finally, ECB rules provide for prompt hearing (post-sealing special hearing) should equipment be sealed based on a failure to appear at a pre-sealing hearing.

 

Subject: 

Proposed Rule to amend ECB's rules of procedure to allow for service of hearing officer decisions and orders by hand delivery or by mail. The changes will also allow for regular mailing of Cease and Desist Orders and Notices of Specail Hearing.

Location: 
Office of Administrative Trials and Hearings Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602.

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law.

 

In the 2010 amendments to the Loft Law, the New York State Legislature specified that the deadline for seeking coverage by owners and tenants under the Loft Law would be six months from the date the Loft Board adopted the rules necessary to implement the 2010 amendments to its rules. This rule constitutes the final rule necessary to implement the 2010 amendments. Therefore, the deadline for coverage will be six months from the effective date of this rule.

 

Accordingly, the changes to Loft Board § 1-06.1 are as follows:

 

·         A tenant coverage application or the initial registration application form for coverage by a building owner must be filed on or before March 11, 2014, the date 6 months following the effective date of this rule.

 

In 2013, the Legislature further amended the Loft Law to expand the definition of an interim multiple dwelling (“IMD”) provided in MDL § 281(5) (effective June 1, 2012). The Legislature set new deadlines for this newest group of IMDs, including a new code compliance timetable. Many of these deadlines, which are covered in other Loft Board rules, are triggered by the effective date of this rule.

 

 

Effective Date: 
Wed, 09/11/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Thu, 07/28/2011