Appeal of DHCR Decision Not Filed Within 60 Days

December 1, 2011

LVT Number: #23749

The DHCR ruled that landlord had willfully overcharged tenant. Landlord appealed and lost. The court and appeals court found that landlord's Article 78 petition was untimely. Civil Practice Law and Rules Article 78 requires an appeal of a DHCR decision to be filed within 60 days after a final administrative ruling is issued. The DHCR documented that its PAR decision was mailed to landlord on July 23, 2009. Landlord didn't file its appeal until nine months later, and there was no proof that landlord didn't receive the decision.

The DHCR ruled that landlord had willfully overcharged tenant. Landlord appealed and lost. The court and appeals court found that landlord's Article 78 petition was untimely. Civil Practice Law and Rules Article 78 requires an appeal of a DHCR decision to be filed within 60 days after a final administrative ruling is issued. The DHCR documented that its PAR decision was mailed to landlord on July 23, 2009. Landlord didn't file its appeal until nine months later, and there was no proof that landlord didn't receive the decision.

Hudson House, LLC v. DHCR: 2011 NY Slip Op 08751, 2011 WL 5985611 (App. Div. 2 Dept.; 11/29/11; Mastro, JP, Dillon, Sgroi, Miller, JJ)

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