1259. Board Initiated Hearings

(A) The Rent Stabilization Board or its designee, the Executive Director, who may designate such function to appropriate staff, may initiate a hearing after an investigation by the Rent Stabilization Board or its designee has resulted in a determination that there are substantial grounds to believe that major violations of the Rent Stabilization Ordinance or Regulations promulgated thereunder have occurred, and that 120 days have passed from the date of the first occurrence of the violations.

(B) The investigation of possible violations of the Ordinance or Regulations may be conducted as a result of the review of the records of the Rent Stabilization Program or the records of courts and governmental agencies. Investigations of possible violations may also be conducted on the basis of complaints and allegations received orally or in writing by the Executive Director.

(C) If an investigation by the Rent Stabilization Board or its designee has found substantial grounds to believe that major violations of the Ordinance or Regulations have occurred, a notice of a prehearing shall be prepared and served on the landlord and tenants of the affected units. The notice of prehearing shall state clearly the sections(s) of the Ordinance or Regulations which has (have) allegedly been violated, along with a brief statement of the evidence found during the investigation which supports the determination that an alleged violation has occurred. The notice shall also set forth a proposed order which may be rendered against the alleged violator.

(D) The procedures set forth in Subchapter B (beginning with Regulation 1221) shall apply to Board initiated hearings.

(E) At a Board initiated hearing, the Compliance Unit of the Rent Stabilization Program shall present the Board's case. The issues in the hearing shall be disposed of in a final decision and an order of a Hearing Examiner, which may be appealed to the Rent Stabilization Board.

(F) Intervention by any current landlord, current tenant, former tenant and former landlord shall be permitted. Intervention by any other person or entity may be allowed upon a showing that some right, interest, liability or obligation of the person or entity seeking to intervene may be materially affected as a result of the hearing. Requests to intervene shall be made in writing, and should be filed and served upon all parties at least five (5) days before the hearing. However, upon a showing of a substantial interest in the outcome, requests to intervene may be made and acted upon at any time prior to the conclusion of the hearing.

[Effective date of Section 1259: 7/11/86]


1260 (RESERVED)