Court Appeal of DHCR Ruling Not Filed on Time

February 1, 1998

LVT Number: 12096

Landlord appealed a final DHCR determination in court. The DHCR asked the court to dismiss the appeal, claiming that it was untimely and improperly served. Landlord claimed that the 60-day time limit for starting these types of court cases shouldn't run while its request for DHCR's file pursuant to the Freedom of Information Law was pending. The court ruled against landlord and dismissed the appeal. The 60 days continued to run while landlord was waiting for a response to a request for the DHCR's records. Besides, the DHCR had granted the request before the time limit ran out.

Landlord appealed a final DHCR determination in court. The DHCR asked the court to dismiss the appeal, claiming that it was untimely and improperly served. Landlord claimed that the 60-day time limit for starting these types of court cases shouldn't run while its request for DHCR's file pursuant to the Freedom of Information Law was pending. The court ruled against landlord and dismissed the appeal. The 60 days continued to run while landlord was waiting for a response to a request for the DHCR's records. Besides, the DHCR had granted the request before the time limit ran out. In addition, landlord didn't personally deliver its court papers to the DHCR. The law required service on the DHCR by this method and this method only.

87-10 51st Ave. Owners' Corp. v. DHCR: NYLJ, p. 30, col. 5 (1/21/98) (Sup. Ct. Queens; LeVine, J)

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