DHCR Didn't Send Order to Landlord's New Address

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Facts: Tenant complained of a rent overcharge in January 1992. Landlord answered and claimed that the building was exempt from rent stabilization. In October 1995, landlord advised DHCR of its new address and specifically stated the building address and docket number of tenant's complaint in its notice. In April 1996, the DRA ruled for tenant and found there was a rent overcharge. The DRA mailed the order to landlord at its old address. Landlord filed a PAR appealing the DRA's order dated May 28, 1996, and received by the DHCR on June 3, 1996. The DHCR dismissed landlord's PAR for not being on time since it wasn't filed within 35 days. Landlord appealed. Court: Landlord wins. DHCR acknowledged receipt of landlord's change of address notice and didn't explain why it mailed the DRA's decision to landlord at the wrong address. Under the circumstances, landlord's late filing of its PAR was excusable and the DHCR's denial of the PAR was arbitrary, capricious, and irrational. The court sent the case back to the DHCR for consideration of the merits.

765 Realty Corp. v. DHCR: Index No. 121852/96 (6/2/97) (Sup. Ct. NY; Solomon, J) [6-page document]