Article 78-Administrative Appeals
An Article 78 proceeding is a Judicial (Court) appeal of an Administrative Agency Decision, which in the Landlord Tenant area mostly involves decisions of the New York State Division of Housing and Community Renewal and the New York City Housing Authority.
The appeal must be commenced and served within very strict time limits. If the appeal is not timely commenced, the party forever loses their right to appeal the administrative decision at issue.
The Article 78 proceeding must be commenced in the Supreme Court of the State of New York. Copies of the Article 78 proceeding must be served upon the agency in question and often times on the State Attorney General.
To win an Article 78 Proceeding the aggrieved individual must show that the Administrative Agency acted arbitrarily, capriciously, unreasonably or that the decision was not supported by substantial evidence.
Issues regarding Article 78 filings tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary consultations. You are welcome to schedule your complimentary-no obligation consultation by calling us at 212-921-1600.
