Landlord Proved Appeal Filed on Time

July 31, 1993

LVT Number: 8090

Tenant complained of a rent overcharge. The DRA ruled for tenant, and tenant got a money judgment against landlord for over $9,500. Landlord asked the court to vacate the judgment, and the court refused. Landlord appealed, and the appeals court ruled for landlord. Landlord proved that she'd filed a timely PAR with the DHCR appealing the overcharge decision. Landlord showed certified mail return receipts as well as a postcard from the DHCR assigning a docket number. Landlord's PAR delayed any final decision of the overcharge case. Tenant's money judgment was vacated.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and tenant got a money judgment against landlord for over $9,500. Landlord asked the court to vacate the judgment, and the court refused. Landlord appealed, and the appeals court ruled for landlord. Landlord proved that she'd filed a timely PAR with the DHCR appealing the overcharge decision. Landlord showed certified mail return receipts as well as a postcard from the DHCR assigning a docket number. Landlord's PAR delayed any final decision of the overcharge case. Tenant's money judgment was vacated.

Gelbart v. Borglum: NYLJ, p. 22, col. 6 (7/26/93) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Ellerin, Kupferman, JJ)

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