Landlord Can't Start Court Case Without First Filing PAR

December 1, 2001

LVT Number: 15446

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,285. Tenant later obtained a court judgment for the refund amount based on the DRA's order. Landlord then brought a court case to appeal the DRA's decision and judgment. The court ruled for landlord and vacated the judgment. Tenant appealed and won. It was a mistake for the lower court to vacate the judgment. Landlord never filed a PAR to appeal the DRA's decision. So, by law, landlord couldn't start the court case to appeal the DRA's ruling.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,285. Tenant later obtained a court judgment for the refund amount based on the DRA's order. Landlord then brought a court case to appeal the DRA's decision and judgment. The court ruled for landlord and vacated the judgment. Tenant appealed and won. It was a mistake for the lower court to vacate the judgment. Landlord never filed a PAR to appeal the DRA's decision. So, by law, landlord couldn't start the court case to appeal the DRA's ruling.

Welch v. DHCR: NYLJ, 11/6/01, p. 23, col. 6 (App. Div.2 Dept.; Ritter, JP, Goldstein, Miller, Townes, JJ)

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