DHCR Waited Three Years to Reject Defective PAR

February 1, 1999

LVT Number: 12974

Landlord filed a PAR to appeal a DRA order. Three years after the filing, the DHCR dismissed landlord's PAR as defective because it wasn't filed on the proper form. Landlord appealed the DHCR's rejection of his PAR. An appeals court ruled for landlord. It was an abuse of discretion for the DHCR to wait three years before rejecting landlord's PAR. Landlord's PAR contained all the necessary information, even if it was on the wrong form.

Landlord filed a PAR to appeal a DRA order. Three years after the filing, the DHCR dismissed landlord's PAR as defective because it wasn't filed on the proper form. Landlord appealed the DHCR's rejection of his PAR. An appeals court ruled for landlord. It was an abuse of discretion for the DHCR to wait three years before rejecting landlord's PAR. Landlord's PAR contained all the necessary information, even if it was on the wrong form.

Knobler v. DHCR: NYLJ, p. 27, col. 3 (1/11/99) (App. Div. 1 Dept.; Ellerin, JP, Nardelli, Williams, Andrias, JJ)

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