N.Y. Comp. Codes R. & Regs. tit. 9 § 2109.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 2109.1 - When a notice or paper shall be deemed served

(a) Notices, orders, petitions for administrative review, answers and other papers may be served personally, by mail, or electronically, as provided in an operational bulletin issued pursuant to section 2109.8 of this Part. Except as otherwise provided by section 2108.2 or Part 2110 of this Title, when service, other than by the commission, is made personally or by mail, a contemporaneous affidavit providing dispositive facts by the person making the service or mailing shall constitute sufficient proof of service. When service is by registered or certified mail the stamped post office receipt shall constitute sufficient proof of service. Once sufficient proof of service has been submitted to the commission, the burden of proving nonreceipt shall be on the party denying receipt.

(b) In any proceedings under this Subchapter any notice, order or other process or paper directed to the person named as landlord on the registration statement on file in the local rent office, at the mailing address given thereon, or where a notice of change of identity has been filed in the local rent office, to the person named therein as landlord and at the address given in such notice of change of identity most recently filed, shall constitute notice to such landlord.

(c) Where a notice of appearance has been filed by an attorney, service on the attorney shall be deemed proper service as if made on the party or parties represented.

(d) Unless otherwise expressly provided in this Title, no additional time is required for service by mail of any notice, order, answer, lease offer or other papers, beyond the time period set forth in this Subchapter and such time period provided is inclusive of the time for mailing.

(e) Unless otherwise expressly provided in this Title, no additional time is required to respond or to take any action when served by mail with any notice, order, answer, lease offer, or other papers, beyond the time period set forth in this Subchapter and the time to respond is commenced upon mailing of said notice, order answer, lease offer or other paper.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2109.1