Landlord Not Notified of Improper PAR Filing

(Decision submitted by Benjamin Binder and Robert H. Gorden of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled for tenant, and landlord appealed. Tenant claimed that the form of landlord's PAR was improper. Landlord's attorney submitted a letter within the 35-day PAR filing deadline and later supplemented the letter with a proper PAR form. The DHCR ruled for landlord. Landlord's initial filing was unacceptable because it wasn't written on a PAR form. But the supplemental filing on a PAR form was deemed timely because the DHCR never followed its own procedure. Usually the DHCR will reject an improperly filed PAR and inform petitioners that they can file properly within 35 days. That wasn't done in this case.

Kitridge Realty Co., Inc.: DHCR Adm. Rev. Dckt. No. HA 410103 RO (10/27/95) [5-page document]