Landlord Didn't File PAR on Time

Facts:Tenant filed a fair market rent appeal. The DRO ruled for tenant in 1995. The DRO mailed a copy of the order to landlord, but it was returned to the DRO as undeliverable because of an illegible address. In 1999, landlord asked for permission to file a late PAR. The DHCR granted landlord's request, and landlord filed its PAR within 35 days after that. In response to landlord's PAR, the DHCR reduced the amount of the refund due tenant. Tenant appealed, claiming that it was improper to permit landlord to file a late PAR. Court:Tenant wins. Landlord knew about the DRO decision as early as 1996 and sent the DHCR letters in 1996 and 1997, acknowledging that tenant had advised landlord of the DRO's decision. Under the circumstances, landlord shouldn't have waited until 1999 to seek to file a PAR. It was also improper to grant landlord's request without advising tenant.

Jemrock Realty Co., LLC v. DHCR: NYLJ, 10/30/02, p. 18, col. 4 (Sup. Ct. NY; Cahn, J)