Landlord Didn't Challenge DHCR Order on Time

August 31, 1996

LVT Number: 10854

Landlord brought an Article 78 court proceeding to challenge a PAR decision by the DHCR. The court dismissed landlord's petition as untimely, and landlord appealed. The appeals court again ruled against landlord. The PAR decision was issued on July 22, 1994. Landlord didn't start the Article 78 proceeding until Dec. 13, 1994. The rent stabilization code requires such proceedings to begin within 60 days. Landlord claimed it never received the PAR decision but didn't submit any proof to support the claim.

Landlord brought an Article 78 court proceeding to challenge a PAR decision by the DHCR. The court dismissed landlord's petition as untimely, and landlord appealed. The appeals court again ruled against landlord. The PAR decision was issued on July 22, 1994. Landlord didn't start the Article 78 proceeding until Dec. 13, 1994. The rent stabilization code requires such proceedings to begin within 60 days. Landlord claimed it never received the PAR decision but didn't submit any proof to support the claim.

Oregon Realty v. Halperin: NYLJ, p. 26, col. 1 (8/22/96) (App. Div. 2 Dept.; Mangano, PJ, Rosenblatt, Pizzuto, Hart, JJ)

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