Landlord Filed PAR at Wrong Office

November 1, 1996

LVT Number: 11012

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord, and tenant appealed, claiming that landlord's PAR was defective. Landlord had filed its PAR at the Brooklyn District Rent Office instead of at Gertz Plaza in Queens, as required. The DHCR accepted the filing of the PAR, finding that this was a minor error that didn't affect tenant's rights. The PAR was timely, and tenant received notice of the PAR and a fair opportunity to respond. The court ruled against tenant. The DHCR's ruling on this issue was reasonable.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord, and tenant appealed, claiming that landlord's PAR was defective. Landlord had filed its PAR at the Brooklyn District Rent Office instead of at Gertz Plaza in Queens, as required. The DHCR accepted the filing of the PAR, finding that this was a minor error that didn't affect tenant's rights. The PAR was timely, and tenant received notice of the PAR and a fair opportunity to respond. The court ruled against tenant. The DHCR's ruling on this issue was reasonable.

Symanski v. DHCR: NYLJ, p. 35, col. 5 (10/23/96) (Sup. Ct. Kings; Kramer, J)

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