DHCR Lost PAR File

April 1, 1993

LVT Number: 6862

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants, and landlord appealed. The DHCR denied landlord's PAR and landlord appealed to the court. In court, the DHCR asked that the case be sent back to them for further processing because its administrative review file had been lost. The court refused and ruled for landlord. The DHCR appealed and in the meantime found its file. The appeals court ruled that DHCR didn't intentionally fail to respond. The case was sent back to the trial court for a determination of the merits of landlord's appeal.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants, and landlord appealed. The DHCR denied landlord's PAR and landlord appealed to the court. In court, the DHCR asked that the case be sent back to them for further processing because its administrative review file had been lost. The court refused and ruled for landlord. The DHCR appealed and in the meantime found its file. The appeals court ruled that DHCR didn't intentionally fail to respond. The case was sent back to the trial court for a determination of the merits of landlord's appeal.

Matter of 1668 Realty Assoc.: NYLJ, p. 33, col. 1 (3/4/93) (App. Div. 2 Dept.; Thompson, JP, Rosenblatt, Miller, Ritter, JJ)

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