DRA Order Not Sent to Landlord

Tenant filed a fair market rent appeal. The DRA ruled for tenant, reduced his rent, and directed landlord to refund $67,000. Landlord appealed, claiming that the DRA didn't consider comparability data submitted by landlord. Tenant claimed that landlord's PAR was filed late and shouldn't be considered. The DHCR ruled for landlord. The DHCR's own records showed that the copy of the DRA order sent to landlord was returned to the DHCR by the U.S. Post Office. Landlord wrote to the DHCR several times after the order was issued, stating that tenant had advised it of the order and asking the DRA to send a copy to landlord so that landlord could appeal. When the DHCR didn't respond, landlord went ahead and filed a late PAR. Under the circumstances, the DRA never sent landlord the order, so the 35-day time limit for appeal never started to run. The DHCR also considered landlord's comparability data, recalculated the fair market rent, and reduced the refund due to tenant to $21,000.

Jemrock Realty Co.: DHCR Adm. Rev. Dckt. No. OA410022RO (10/13/00) [8-pg. doc.]