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What is NYC AC § 26-813?

Quick Answer

This section allows any person aggrieved by an appraisal determination or the failure of the department to approve a purchase offer to seek judicial review within thirty days. The review is conducted in the supreme court for the county where the assisted rental housing is located. Applies to individuals affected by appraisal determinations in assisted rental housing.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 26-813 Judicial review.

AC § 26-813

Any person aggrieved by an appraisal determination made pursuant to section 26-804 of this chapter, or by the failure of the department to approve a bona fide offer to purchase, may, within thirty days of the appraisal determination or action by the department, seek judicial review pursuant to article seventy-eight of the civil practice law and rules in the supreme court for the county in which the assisted rental housing is located. In the event that a court may find that the appraisal or action by the department constitutes the equivalent of a taking without just compensation, the court shall require that a new appraisal or determination be made. The time periods set forth in this chapter shall be tolled during the pendency of such a proceeding and until a new appraisal or determination, if needed, is made. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/079.

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