What is a hearing?
- A hearing is an administrative proceeding between a tenant, owner, their representative or attorney and an Administrative Law Judges (ALJ) .
- The purpose of a hearing is for the parties to present information and evidence to support their position to the ALJ. Cross-examination and witness testimony may occur if necessary. At the conclusion of the hearing process, the ALJ will draft a written determination.
- Important note:
- If you fail to appear, the hearing will proceed without you and the DHCR will, without further consultation with you, make a determination based solely on the evidence of record, including that received at the hearing.
- If you are unable to appear at your scheduled hearing or conference date/time, you must request an adjournment by telephoning, e-mailing or writing to your assigned ALJ:
New York State Division of Homes and Community Renewal
641 Lexington Avenue - 6th Floor
New York, NY 10022
The request must be for good cause and be received by the ALJ at least 3 business days prior to the hearing/conference date (include your Order and Docket Number).
What to Expect
- Due to COVID-19, all hearings and prehearing conferences are currently taking place remotely via videoconference.
- In order to participate in a hearing via videoconference, counsel, parties and witnesses must have a smart phone or computer with camera and audio capabilities. You are prohibited from recording the videoconference in any way. Because WebEx works on all modern smart phones, tablets and computers, the parties must appear by video, rather than merely by voice. Further information about the videoconference, including how to join, etc. will be provided by your assigned Administrative Law Judges (ALJ). The ALJ will guide the hearing, providing each party the opportunity to speak and ask questions. If appropriate, evidence will be reviewed and admitted. Each party will be provided the opportunity to ask and answer questions, and cross-examine one another if necessary. Witnesses may be called.
- Hearings typically commence at 10:00 a.m. (see your copy Notice of Hearing for details). Additional hearing dates may be scheduled if necessary.
- The hearing is recorded. Requests for a copy of the hearing transcript can be made to the ALJ.
How to Prepare
- Submit to your assigned Administrative Law Judges (ALJ) :
- All evidence in support of your position. All exhibits, videos, or other documents you wish to present during a remote hearing or conference must be submitted electronically to the ALJ by 5:00 p.m. the day prior or two copies mailed well in advance to the DHCR, Hearings Unit (Exhibits), 641 Lexington Avenue, 6th Floor, New York, NY 10022.
- Prior to the date of the hearing, you must notify your assigned ALJ of the number of witnesses who will be testifying on your behalf, including their name, relationship to you and email address.
- Be prepared to show photo identification at the commencement of the hearing.
- Obtaining legal representation (an attorney) is strongly recommended. If you cannot afford an attorney, you may qualify for free legal representation from a number of legal non-profits, including (insert NYC borough map of organizations providing legal aid):
- The Legal Aid Society, https://www.legalaidnyc.org/get-help/housing-problems/
- The New York City Bar Association, https://www.nycbar.org/for-the-public/free-legal-services
- Legal Services NYC, https://www.legalservicesnyc.org/
- Add your hearing date and time to your phone calendar, planner or wherever else you use to keep track of appointments.
Notify your assigned ALJ if you require an interpreter, only the DHCR can provide this service.