DHCR Didn't Send Order to Landlord's New Managing Agent

(Decision submitted by Peter A. Schwartz of the Manhattan law firm of Fromme Fromme & Schwartz, attorneys for the landlord.) The DRA ruled that tenants had been overcharged. Landlord appealed, claiming that it had never gotten a copy of the DRA's order, and had filed its appeal as soon as it learned that the order had been issued. Tenants argued that landlord's appeal wasn't filed on time because it was filed more than 35 days after the DRA issued its order. Landlord wins. The DRA had sent the order to landlord's former managing agent, even though landlord had given the DHCR its new managing agent's name and address before the order was issued. So, the 35-day time period landlord had for filing an appeal hadn't started to run.

Rowe Realty: DHCR Adm. Rev. Dckt. No. FD 410057-RO (11/9/94) [3-page document]