Dismissal of Landlord's Untimely PAR Upheld

June 27, 2012

LVT Number: #24164

Rent-stabilized tenant complained of a rent overcharge. The DRA sent notice of tenant's complaint to landlord at the wrong address, and landlord didn't answer. Later, the DRA sent landlord a request for additional information and a final notice at the proper address. Landlord still didn't respond. The DRA then ruled for tenant and mailed the order to landlord at the proper address. Landlord appealed 18 months later. The DHCR dismissed landlord's PAR as untimely. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court ruled against landlord.

Rent-stabilized tenant complained of a rent overcharge. The DRA sent notice of tenant's complaint to landlord at the wrong address, and landlord didn't answer. Later, the DRA sent landlord a request for additional information and a final notice at the proper address. Landlord still didn't respond. The DRA then ruled for tenant and mailed the order to landlord at the proper address. Landlord appealed 18 months later. The DHCR dismissed landlord's PAR as untimely. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court ruled against landlord. Landlord failed to file its PAR within the 35-day statutory deadline. And there was no proof, as landlord claimed, that it didn't receive the decision that DHCR records showed as mailed by the DRA to landlord's correct address.

Savoy Park Owners v. DHCR: Index No. 100340/12, NYLJ No. 1202558917523 (Sup. Ct. NY; 5/22/12; Kern, J)

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