§ 10-07 — Final Determination

§ 10-07 Final Determination.

(a) When HPD has determined in accordance with 28 RCNY § 10-05(d) that there is reasonable cause to believe that harassment occurred at the property during the inquiry period and a hearing has been held before the Office of Administrative Trials and Hearings in accordance with 28 RCNY § 10-06, the Commissioner shall review the report and recommendation of the hearing officer and make a final determination to grant or deny the application. (b) When HPD has determined in accordance with 28 RCNY § 10-05(d) that there is reasonable cause to believe that harassment occurred at the property during the inquiry period and the applicant has waived its right to a hearing before the Office of Administrative Trials and Hearings in accordance with 28 RCNY § 10-06(d), the Commissioner shall make a final determination to grant or deny the application. (c) When HPD has determined in accordance with 28 RCNY § 10-05(e) that DHCR or a court having jurisdiction has found that there has been harassment, unlawful eviction, or arson at the property during the inquiry period, the Commissioner shall make a final determination to grant or deny the application. In such event, HPD may combine the initial determination pursuant to 28 RCNY § 10-05 and the final determination pursuant to this section into a single document. (d) HPD shall provide the applicant with written notice of the final determination.