§ 1-32 Reconsideration of Loft Board Orders.
RCNY § 1-32
(a)An Affected Party who filed an answer, and who disagrees with and may be aggrieved by an order of the Loft Board, may file an Application for reconsideration of the order. The Loft Board, may, in its sole discretion, reconsider its determination. The reconsideration Application must specify the questions presented for reconsideration and the facts and points of law relied upon as a basis for seeking reconsideration. The Loft Board may consider an Application for reconsideration only if the applicant establishes one or more of the following: (1) a denial of due process or material fraud in the prior proceedings, (2) an error of law, (3) an erroneous determination based on a ground that was not argued by the parties at the time of the prior proceeding and that the parties could not have reasonably anticipated, or (4) discovery of probative, relevant evidence which could not have been discovered at the time of the hearing despite the exercise of due diligence.
(b)Service and filing of the reconsideration Application. A complete reconsideration Application must be received by the Loft Board within thirty (30) days after the mailing date of the order sought to be reconsidered. In addition to all other requirements, the reconsideration Application must include a copy of the determination sought to be reconsidered.
(c)Issuance of orders. The Loft Board will deliver or mail a copy of its order deciding the reconsideration Application, within a reasonable time from the date of the order, to: (1) the party or parties who filed the reconsideration Application, (2) the parties who filed an answer, and (3) all Affected Parties in the underlying proceeding.
(d)Judicial review.
(1)The date of the order granting, denying, modifying or revoking the reconsideration Application is deemed the date of the final agency determination from which a party may seek judicial review.
(2)If the Loft Board refers the matter back to the Adjudicator, a party may not seek judicial review until the Loft Board issues a final agency determination following the referral. (Added City Record 3/1/2023, eff. 3/31/2023)
