DHCR Proved It Sent Order Denying PAR to Landlord's Attorneys

November 1, 2002

LVT Number: 16189

Tenant filed a fair market rent appeal. The DHCR ruled for tenant. Landlord challenged the DHCR's ruling in court. The court dismissed the challenge because it wasn't filed on time. Landlord appealed and lost. Through a sworn statement of an employee, the DHCR showed that it mailed the PAR decision to landlord's attorneys more than 60 days before landlord filed its court challenge. Landlord's PAR had identified its attorneys as its representative. It didn't matter that the PAR decision mailed by the DHCR wasn't addressed to a particular attorney at the law firm.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant. Landlord challenged the DHCR's ruling in court. The court dismissed the challenge because it wasn't filed on time. Landlord appealed and lost. Through a sworn statement of an employee, the DHCR showed that it mailed the PAR decision to landlord's attorneys more than 60 days before landlord filed its court challenge. Landlord's PAR had identified its attorneys as its representative. It didn't matter that the PAR decision mailed by the DHCR wasn't addressed to a particular attorney at the law firm.

219 E. 25th St. Realty Co. v. DHCR: NYLJ, 10/21/02, p. 20, col. 1 (App. Div.1 Dept.; Tom, JP, Saxe, Rosenberger, Rubin, Friedman, JJ)

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