Landlord Didn't File PAR on Time

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord's managing agent appealed. The DHCR dismissed landlord's PAR for not being on time because it was filed more than 35 days after the DRA's order was issued. Landlord's managing agent appealed, claiming that he never received the DRA's order. He also claimed that the DRA didn't mail the order to a certain corporation mentioned in tenant's original complaint. The court and appeals court ruled against landlord. The DRA mailed the DRA's order to the registered landlord of the building. The DHCR's records showed that the DRA did mail a copy of the order to the corporation in question. This argument also was improperly raised for the first time on appeal. Also, landlord's managing agent wasn't the registered landlord, and his name didn't appear on the complaint.

Miller v. DHCR: NYLJ, p. 27, col. 2 (3/9/98) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Williams, Andrias, Saxe, JJ)