60-Day Time Limit Runs from Mailing of DHCR Order

April 30, 2005

LVT Number: 18068

Tenants challenged a DHCR ruling in court. The DHCR asked the court to dismiss the case, claiming that tenants didn't start the court case on time. The court ruled against the DHCR and the DHCR appealed. The appeals court ruled for the DHCR. By law, a court case challenging a DHCR ruling must be started within 60 days of the ''rendering'' of a DHCR PAR ruling. Here, the DHCR's ruling was rendered on Nov. 5, 2002, the date it was issued and mailed to tenants' attorney. Tenants' attorney argued that he didn't get the DHCR's ruling until Nov.

Tenants challenged a DHCR ruling in court. The DHCR asked the court to dismiss the case, claiming that tenants didn't start the court case on time. The court ruled against the DHCR and the DHCR appealed. The appeals court ruled for the DHCR. By law, a court case challenging a DHCR ruling must be started within 60 days of the ''rendering'' of a DHCR PAR ruling. Here, the DHCR's ruling was rendered on Nov. 5, 2002, the date it was issued and mailed to tenants' attorney. Tenants' attorney argued that he didn't get the DHCR's ruling until Nov. 12, and that the 60 days should run from that date. This is incorrect. And tenants had sufficient time from the date of receipt to start the court case on time.

Le Havre Tenants Assn., Inc. v. DHCR: NYLJ, 4/8/05, p. 25, col. 3 (App. Div. 2 Dept.; Ritter, JP, Goldstein, Mastro, Fisher, JJ)

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