60-Day Time Limit Applies to Court Challenge of DHCR Order

August 31, 1997

LVT Number: 11793

Tenants complained of reductions in services. The DHCR ruled for tenants, and landlord appealed. The DHCR claimed that landlord's Article 78 petition wasn't filed on time. Landlord argued that CPLR Article 78 and CPLR Section 217 gave landlord four months to file an appeal, and that the DHCR order concerning services wasn't subject to a shorter appeal period. The court ruled against landlord. CPLR Section 217 clearly gives landlord four months to appeal unless a shorter time limit is provided for by law.

Tenants complained of reductions in services. The DHCR ruled for tenants, and landlord appealed. The DHCR claimed that landlord's Article 78 petition wasn't filed on time. Landlord argued that CPLR Article 78 and CPLR Section 217 gave landlord four months to file an appeal, and that the DHCR order concerning services wasn't subject to a shorter appeal period. The court ruled against landlord. CPLR Section 217 clearly gives landlord four months to appeal unless a shorter time limit is provided for by law. The rent stabilization law and code give landlords and tenants 60 days to appeal a final DHCR decision. And the 60-day time limit had been applied in other court cases concerning services issues and rent rollbacks.

Ho & He Properties v. DHCR: NYLJ, p. 22, col. 3 (8/29/97) (Sup. Ct. Bronx; Suarez, J)

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