DHCR Properly Reopened Case

Tenant filed a fair market rent appeal. The DRA did nothing with the case for five years. Then the DRA sent tenant a revised complaint form. Tenant didn't respond, and the DRA dismissed the complaint. Tenant appealed, claiming that she was out of town for several months taking care of a sick parent. The DHCR granted tenant's PAR, reopened the case, and ruled for tenant. Landlord appealed, claiming that the DHCR improperly reopened the case in response to tenant's PAR. The court and appeals court ruled against landlord. The DHCR has discretion to accept late filings for good cause shown at any stage before the commissioner issues a final order on a PAR. The DHCR based its decision to reopen the case on an irregularity in a vital matter. The court denied landlord's request to reopen the case again for submission of comparability data. The amended comparability rules landlord relied on weren't issued until after the DHCR made a final ruling on the fair market rent appeal.

Waverly Pl. Assocs. v. DHCR: NYLJ, 3/14/02, p. 18, col. 5 (App. Div.1 Dept.; Williams, PJ, Nardelli, Andrias, Sullivan, Friedman, JJ)